Honor Killing Within Court Premises in Pakistan

In a chilling incident that exposes the deep-rooted problem of honor killings in Pakistan, a model court in Karachi recently acquitted a man accused of murdering his daughter. What makes this case even more shocking is the fact that the heinous crime took place within the premises of the City Courts, where justice is meant to prevail. This incident highlights the urgent need for action and reform to address the scourge of honor killings in our society.

Introduction

Honor killings are defined as the murder of a family member, usually a woman or a girl, by one or more relatives who believe that she has brought shame or dishonor to the family. The reasons for honor killings can vary, but they often involve accusations of adultery, premarital sex, rape, elopement, divorce, or refusal to marry. Any religion does not sanction honor killings, but they are rooted in patriarchal and feudal norms that view women as property and subordinate to men.

According to the Human Rights Commission of Pakistan (HRCP), there were 430 reported cases of honor killings in Pakistan in 2020, but the actual number is likely much higher as many cases go unreported or are disguised as suicides or accidents. Honor killings are a serious violation of human rights and a form of gender-based violence that deprives women of their dignity, autonomy, and life.

 

The Legal Landscape: Analyzing Laws and Punishments for Honor Killings in Pakistan

Pakistan has enacted several laws to address the issue of honor killings and protect women’s rights. The most significant one is the Criminal Law (Amendment) (Offences in the name or pretext of Honor) Act 2016, which amended the Pakistan Penal Code (PPC) and the Code of Criminal Procedure (CrPC) to make honor killings a non-compoundable and non-bailable offence. This means that the perpetrators cannot escape punishment by reaching a compromise with the victim’s family or by claiming provocation or self-defence. The law also increased the minimum sentence for honor killings from 10 years to 25 years and introduced the death penalty as a possible punishment.

Another important law is the Prevention of Anti-Women Practices (Criminal Law Amendment) Act 2011, which criminalized several harmful practices against women, such as forced marriage, marriage with the Quran, and depriving women of their inheritance. The law also empowered the courts to grant protection orders to women who face threats of violence from their families or relatives.

In addition to these laws, Pakistan is also a signatory to several international conventions and treaties that oblige it to protect and promote women’s rights and eliminate all forms of discrimination and violence against them. These include the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child (CRC), and the Universal Declaration of Human Rights (UDHR).

 

Challenges and Recommendations

Despite the existence of these laws, honor killings continue to occur in Pakistan due to various social, cultural, and institutional factors that hinder their effective implementation and enforcement. Some of these factors are:

  • Lack of awareness and education among the public about the laws and their implications.
  •  Lack of political will and commitment among the authorities to uphold the laws and to prosecute the perpetrators.
  •  Lack of support and protection for the victims and the witnesses who face intimidation and harassment from their families and communities.
  •  Lack of coordination and cooperation among different stakeholders, such as police, judiciary, media, civil society, and religious leaders.
  •  Lack of gender sensitivity and training among the law enforcement agencies and the judicial officers who deal with honor killing cases.

 

To overcome these challenges and to prevent honor killings in Pakistan, some possible recommendations are:

  • Conducting awareness campaigns and sensitization programs to educate the public about the laws and their benefits for women’s empowerment and social development.
  • Strengthening political will and accountability among the authorities to ensure that they fulfill their obligations under the laws and international human rights standards.
  • Providing legal aid and counselling services to the victims and the witnesses who seek justice and protection from honor killings.
  • Enhancing coordination and collaboration among different stakeholders to create a conducive environment for reporting, investigating, prosecuting, and adjudicating honor killing cases.
  • Developing gender-responsive policies and strategies to address the root causes of honor killings, such as patriarchal attitudes, gender stereotypes, feudal customs, and religious misconceptions.

Conclusion

Honor killings are a grave violation of human rights and a manifestation of gender inequality that affects millions of women around the world. Pakistan has taken some positive steps to combat this menace by enacting laws that criminalize honor killings and provide protection to women. However, there is still a long way to go before these laws can be fully implemented and enforced. There is a need for collective action and cooperation among all segments of society to end this barbaric practice and to ensure that women can live with dignity, freedom, and respect.

Picture of Written By: Advocate Afshan Saleem

Written By: Advocate Afshan Saleem

This blog is published by www.advocateonline.pk.

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