‘Honour’ killings punishable with 5 yrs in Karnataka draft bill, couples offered protection

The Bill criminalises a range of acts based on ‘honour’, from harassment and abduction to sexual violence and forced rituals, while providing strict penalties and protections for victims, witnesses, and couples exercising their right to marry freely.
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Seeking to confront rising ‘honour’ crimes and protect couples whose relationships challenge entrenched caste and community norms, the Karnataka government has drafted the Karnataka Freedom of Choice in Marriage and Prevention and Prohibition of Crimes in the Name of Honour and Tradition Bill, 2026, also referred to as Iva Nammava, Iva Nammava. 

Honour killing refers to the deliberate murder or violence against a person, often by family or community members, to punish them for actions, such as inter-caste marriage, that are perceived to bring ‘shame’ or dishonour to the family or community.

The Bill promises strong legal safeguards for adults exercising their right to marry, alongside harsh penalties, including imprisonment for murder, assault, coercion and threats in the name of family honour. 

The phrase Iva Nammava, Iva Nammava comes from a 12th-century Kannada Vachana by social reformer Basavanna, meaning “He is ours, He is ours.” It reflects the Bill’s core principle of universal brotherhood, social inclusion, and support for individuals choosing their life partners, rejecting caste-based discrimination.

This comes after a Karnataka man killed his 20-year-old pregnant daughter and her unborn child for marrying a Dalit man in Hubballi taluk. In a 2024 report titled ‘In the Name of Honour’, the People’s Union for Civil Liberties-Karnataka documented 13 honour-related attacks between January 2022 and December 2023, resulting in the deaths of 12 individuals.

The draft Bill reaffirms that fundamental rights under Articles 14, 19, and 21, as well as rights under the Protection of Human Rights Act, 1993, fully apply to decisions regarding choosing a partner and entering marriage. It notes that increasing violence, harassment, threats, and social ostracism – often rooted in caste, custom, and ‘honour’ – target individuals and young couples, particularly women and men from marginalised communities. Endogamy is recognised as a structural tool maintaining caste hierarchies, while inter-caste marriages are seen as a way to promote fraternity and dismantle discriminatory structures.

Freedom to marry

It also defines an inter-caste marriage as a union between two different castes or sub-castes, and recognises marriage to include those solemnised under any law as well as those proposed or intended.

A “person” is defined as a woman aged 18 and above and a man aged 21 and above. The Act also lays out an extensive definition of social and economic boycott, covering actions meant to isolate couples or their families—such as pressuring them to leave their residential area, refusing to provide or accept customary services, restricting access to markets, public facilities or places of worship, dispossessing property, denying work or business opportunities, refusing services or credit, and denying school admission. 

Any terms not defined within the Act adopt the meanings given in the Bharatiya Nyaya Sanhita (BNS) 2023 and the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.

The draft states that all adults have the autonomy to marry the person of their choice, without requiring consent from family, caste, clan or community. Couples intending an inter-caste marriage may make an oral or written declaration of age and willingness to the district magistrate or designated nodal officer. This information is forwarded to the nearest police station, and no action may be taken against the couple at the instance of the family or third parties. Making the declaration is not a precondition to exercising the right to marry.

Prohibition of honour crimes

The Bill prohibits acts committed in the name of caste, culture, custom, tradition, or ‘honour’. Honour crimes include causing death, harm, or injury; harassment to prevent association; abduction of the couple or their associates; social and economic boycotts; excommunication or eviction; imposing fines; threats or retributive action; forcing symbolic rituals such as declaring partners “brother and sister”; performing “thithi” (death ceremony) for living persons; interference with property succession; physical, mental, or psychological harassment; illegal confinement; confiscation of communication tools; freezing bank accounts; causing loss of employment; sexual violence or harassment; forced abortion or miscarriage; forcing or causing marriage or dissolution of marriage; defamation and spreading hatred; and sexual exploitation under false assurance of marriage in inter-caste contexts.

Offences and penalties

In addition to the penalties prescribed under BNS, the draft Bill prescribes a minimum of five years’ imprisonment for honour killing; ten years to life with a fine up to Rs 3 lakh for grievous hurt; three to five years with a fine up to Rs 2 lakh for simple hurt; and two to five years along with a fine up to Rs 1 lakh for other honour crimes or acts that prevent individuals from exercising their rights. 

Criminal intimidation attracts three to five years’ imprisonment, extendable to seven years for aggravated threats, and a fine up to Rs 2 lakh. Participation in an unlawful assembly is punishable with six months to five years and a fine up to Rs 1 lakh. Tampering with evidence is punishable in accordance with the concealed offence. Abetment, attempt, conspiracy or assisting suicide is punishable as if the offence had been directly committed. All offences under the Bill are cognisable and non-bailable.

Sexual intercourse by false promise of marriage in inter-caste cases

The Bill introduces a separate aggravated offence for sexual intercourse obtained through a false promise of marriage in inter-caste situations. If an assurance of marriage is withdrawn due to caste considerations, consent is treated as obtained by deceit. Where evidence shows caste-based opposition motivated the refusal, a rebuttable presumption of false promise applies. Punishment is rigorous imprisonment of at least five years, extendable to life, along with a fine. This applies only to premarital, consent-based sexual intercourse contingent on the promise of marriage.

Unlawful assemblies and injunctions

Gatherings of five or more people to deliberate on or condemn a marriage on grounds of caste, community, honour, or family wishes are prohibited. Individuals can approach civil courts for injunctions and protection orders, including urgent ad interim or ex parte orders. Disobedience can result in imprisonment for up to two years or a fine of up to Rs 1 lakh.

The draft Bill provides extensive protections for victims, dependents, and witnesses, ensuring fair and dignified treatment, timely notice of court proceedings, including bail, and the right to be heard at bail, discharge, release, parole, conviction, and sentencing stages. Victims may engage legal counsel and file appeals. Measures include concealing witness identity, non-disclosure directives, immediate action on harassment complaints, separate trials for such complaints and protections even when public servants are named. Courts must periodically review protection measures.

The State must provide protection to victims, their dependents, and witnesses; ensure immediate response from the Sub-Divisional Magistrate/District Magistrate (SDM/DM)  and police when threats are reported; and arrange police protection within six hours. It must maintain shelter homes with security, privacy, and access to lawyers and NGOs, establish safe houses in every district headquarters, and implement a comprehensive protection and rehabilitation scheme.

Public servants must record complaints (oral or written), read back oral statements before signature, register FIRs and provide copies, record statements of victims and witnesses, complete investigations and file charge sheets within 60 days, and prepare and translate documents accurately. They must respect all rights under the Act and avoid any action that undermines them. The Act prohibits any public servant from directly or indirectly restricting or impeding rights under its provisions.

Preventative measures

When authorities learn of potential unlawful assemblies or honour crimes, the police must inform the DSP and SP, and the District Magistrate must issue prohibitory orders and publish them in local newspapers. The SDM/DM may take necessary steps, including directing police action, while the DM must ensure the safety of targeted individuals and take preventive or prohibitory measures under the BNSS.

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