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Date: Tue, Mar 9, 2010 at 1:23 PM
Subject: Article from  The Hindu: Sent to you by K M Venugopalan
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Honour Killing : Worst Expression of Caste/Gender Hatred
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This article has been sent to you by K M Venugopalan ( [email protected] )
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Source: The Hindu
(http://www.hinduonnet.com/2010/03/08/stories/2010030859941400.htm)
Front Page
&nbsp;&nbsp;

Her struggle for justice against honour killing




Divya Gandhi




Sushma's brother murdered her husband, three others to avenge their marriage







&#8212; Photo: Bhagya Prakash K.



Sushma Tiwari in Bangalore on Thursday.


Bangalore: As the Women's Reservation Bill rings in the centennial
year of Women's Day on a celebratory note, 25-year-old Sushma Tiwari's
story tells of an inspirational fight-back against a brutal form of
patriarchy and caste oppression.
It has been a six-year legal battle for Sushma against the horrific
&#8216;honour killing' by her brother of almost her entire marital
family: husband Prabhu Nochil, her father-in-law and two minors in
their home near Mumbai, all to avenge her marriage into a family of a
&#8216;lower' caste. Sushma is from a Brahmin family of UP, and
Prabhu, an Ezhava from Kerala.
Although the fast track sessions court in Maharashtra, and later the
Bombay High Court, awarded the death penalty to Sushma's brother Dilip
Tiwari and his accomplices, the Supreme Court in December 2009 reduced
the sentence to 25-year imprisonment.
This February, Sushma filed a review petition questioning the decision
to let off the perpetrators of this heinous crime.
In 2004, seven months after the couple got married, Dilip and his
associates massacred four members of the Nochil family, and grievously
injured two others. A pregnant Sushma luckily escaped as she was
visiting a relative.
The Supreme Court, explaining its decision to revoke the death
sentence, said: &#8220;It is a common experience that when the younger
sister commits something unusual and in this case it was an
inter-caste, intercommunity marriage out of [a] secret love affair,
then in society it is the elder brother who justifiably or otherwise
is held responsible for not stopping such [an] affair.&#8221;
It added: &#8220;If he became the victim of his wrong but genuine
caste considerations, it would not justify the death sentence... The
vicious grip of the caste, community, religion, though totally
unjustified, is a stark reality.&#8221;
&#8220;Totally illegal&#8221;
Sushma has challenged this reasoning, stating this perception
&#8220;is wrong and totally illegal under our Constitution and various
laws of the land like the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989&#8221; and &#8220;can never be
made a ground for lessening a sentence. In fact, these feelings of
caste hatred are themselves criminal&#8230;&#8221;
Her petition states: &#8220;In fact, mass killings based on the
concept of &#8216;honour' must be viewed by this Hon'ble Court as
murders which must be given the highest deterrent sentence.&#8221;
In Bangalore recently to attend the National Young Women's convention
organised by the All India Democratic Women's Association (AIDWA),
this resolute young woman told The Hindu that by reducing the
sentence, the highest court of the land has sent out a wrong message
to all those who wished to marry out of caste. &#8220;Even if not for
my own safety or that of my five-year-old daughter Trishna, the death
sentence must be upheld for the sake of humanity.&#8221;













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You cannot build anything on the foundations of caste. You cannot
build up a nation, you cannot build up a morality. Anything that you
will build on the foundations of caste will crack and will never be a
whole.
-AMBEDKAR



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