Killing in the name of ‘honour’ continues despite constitutional guarantees, says Madras HC

‘Honour’ (Caste) killing continues to plague Indian society despite constitutional guarantees of personal liberty and freedom of marriage, the Madurai Bench of the Madras High Court stated. The court made the observation while dismissing an appeal for bail filed by K. Saravanan, the father of Surjith, the main accused in the case of Tirunelveli caste killing of techie Kavin Selvaganesh.

Justice K. Murali Shankar observed that the Supreme Court in a catena of decisions had described ‘honour’ killings as the “most drastic and draconian act”. “‘Honour’ killing is an outrage on humanity and the most dishonourable act known,” it had said, emphasising that personal freedoms cannot be curtailed by regressive social norms. The judge said ‘honour’ killing remains a serious issue in Indian society, prompting ongoing judicial concern and reform. Courts uphold constitutional liberties, applying strict scrutiny to ensure justice. In grave offences such as ‘honour’ killing, bail is a carefully guarded exception, balancing liberty with justice and societal order. Judicial vigilance and societal awareness are crucial in eradicating the heinous crime, he added.

Considering the gravity of the charges levelled and the role played by the appellant, and the serious objections raised, the court held that it was not inclined to grant bail to the appellant and dismissed the appeal filed by the suspended Sub-Inspector of Police (SI). According to the prosecution as well as Kavin’s mother Tamil Selvi (de facto complainant), it is a clear case of ‘honour’ killing, the court said. His earlier bail petitions filed before the Second Additional District and Sessions Court (PCR) in Tirunelveli, had been dismissed. Therefore, he had filed the appeal seeking to set aside the dismissal order and grant him bail. The appellant said at the time of the incident he was on duty at the Rajapalayam Special Battalion in Virudhunagar district. Till news of the incident appeared on television, he was unaware of what had happened, he said, adding that he was innocent.

The CB-CID submitted that the contention of the appellant that he was on duty was found to be false. He was on holiday on permission, and he was very much available “at the place of occurrence”. After investigating the case, the final report was filed before the jurisdictional court. It was a case of ‘honour’ killing, and if the appellant was released on bail, he will threaten the witnesses. The Sessions Judge had rightly dismissed the bail petition, it was submitted.

Kavin Selvaganesh, a Scheduled Caste youth from Arumugamangalam near Eral in Thoothukudi district, was in a relationship with Siddha doctor S. Subhashini of Palayamkottai, who belongs to an intermediate caste. Kavin was murdered on July 27 by Ms. Subhashini’s younger brother Surjith. The police arrested Surjith, Saravanan, and the accused’s cousin Jayapaul for assisting him. Surjith’s mother Krishnakumari, also a SI, has been placed under suspension too.