“The right to life of women in Pakistan is conditional on their obeying social norms and traditions”.[1]
Honor killing is a pervasive issue in Pakistan, deeply embedded in the patriarchal and cultural traditions of society. It is a form of gender-based violence where women are indicted for darkening the family’s ‘honor’ through immoral acts. Women face brutal punishments, including death at the hands of their relatives. One of the major and concerning aspects of Honor killing is the practice of ignoring male accountability, which reflects that a family’s reputation resides solely in the conduct of women.
This article will examine how there is an upward trend of honor killing and how Islam is used as a justification for the same. Furthermore, it will also examine the legislation on the matter and its implementation.
Introduction and background
The definition of honor killing is given in section 299 of the Pakistan Penal Code, which states that “honor killing is the offense committed on the pretext of honor”.Honor killings are brutal acts committed by men of a family, transcendently against ladies, who are considered to have disgraced the family’s title. The legitimization given for such acts is based upon a socially built part of men as defenders of women’s sexuality to keep up family values and social arrangements [2].
Pakistani society is no different from any other narrow-minded and manly hung-up country, where the dominant patriarchal set-up rarely gives a chance to the women to flourish and stand up for their own rights [3]. The Human Rights Commission of Pakistan reported 1,961 honor killings from 2004 to 2022[4].
In Muslim traditions, family honor is defined as an entire social behavioral code assessed on women to administer their inferiority and conserve male supremacy. Although the number of women killed in the name of ‘honor’ mostly remains hidden from Western European official statistics, anecdotal and media reports indicate a rise in similar killings [6]. According to a report published by Human Rights Watch, roughly 1,000 women are murdered every year in “honor killings” [7], despite the anti-honor killing legislation being passed in 2016[8]. In the case of Muhammad Ali Mahar vs. State, it was held by the Supreme Court that “The notorious act of Honor is cancerous and tumorous to our society, humanity, and the populace” [9].
Honor killing is sometimes viewed by society as an act of bravery because it is believed that the murderer has committed the crime to follow the cultural rituals and uphold the family’s honor. It is to be noted that society does not force anyone to commit any such crime, but an individual performs the act of honor killing for his own self-respect and honor [10].
The Jirga system
The role of the Jirga System should also be analyzed in the context of honor killings. The jirga system is an informal judicial system based on tribal rules which are highly biased against women. They do not respect the laws and rules enshrined in the constitution of Pakistan and also do not follow the orders given by the Quran and Sunnah. The Constitution of Pakistan recognizes the tribal judicial system only in specific areas (including FATA and PATA), but it is found all over Pakistan. These jirgas are organized and supported by feudal (landlords), and the state is unable to control them. These jirgas work against the interest of women and their decisions are mostly based on biases and prejudice against women according to their cultural and religious stereotypes[11].
In March 1999, a 16-year-old mentally retarded girl was raped by a fellow clerk who took her to a hotel in Parachinar. After the complaint was filed, the accused was taken by the police into custody but the victim was handed over to the tribe ‘Mazuzai’ in the Kurram Agency. The jirga decided that she had brought shame to her tribe and that the honor of the tribe could only be restored in the form of her death. As a result, in front of the whole tribal gathering, she was shot to death [12].
But honor killings are not just confined to tribal areas, they are everywhere in Pakistan. On April 6, 1999, 29-year-old Samia Sarwar, mother of two, was shot to death while seeking for divorce in her lawyer’s office. Her mother who herself was a doctor, facilitated the honor killing of her daughter [13].
Islamic perspective
Honor Killings are often falsely justified in the name of Islam, but Islam has always elevated the status of women and blessed them with immense respect. Islam permits her to enjoy life by choosing a life mate and profession, and women are not confined to household chores; rather, they can laboriously share in political, economic, and professional affairs without any patriarchal intervention. Islam does not give authorization to any individual to kill a family or clan member grounded on his belief that the victim brought dishonor upon the family, clan, or community. Only the courts have the authority to carry out the punishments set out by the Quran and the Sunnah [14].
Islam unequivocally prohibits the taking of innocent lives and offers no defense for honor killings. In Surah An-Nisa, Ayat no. 93 (interpretation of the meaning), ALLAH says that whoever will kill a believer intentionally, will face eternal Hell, incur Allah’s wrath and curse, and endure severe punishment [15].
Constitutional perspective
The constitution of Pakistan guarantees fundamental rights to all citizens without discrimination. The constitution in its Article 9 guarantees rights to life and liberty to everyone. Article 25 of the constitution protects those laws made especially for the protection of women and children. The Constitution gives special treatment to women so that their safety is ensured and their interests are shielded.
The laws relating to honor killing in Pakistan find their historical evidence in the British colonial rule. In 1835, a commission was established by the British to analyze the issues relating to honor killing. The commission was sympathetic towards men who were “dishonored” by their women, sisters, and daughters. The commission ruled that if a man proves that he had killed under provocation, the payoff should not be supposed to a murder but the lower offense of manslaughter [16].
In Muhammad Imran vs. State, the accused murdered two daughters of the plaintiff and alleged that he had killed his stepmother in a fit of rage when he saw her in an inappropriate position with someone else. The second daughter of the plaintiff was also killed due to her alleged involvement. Despite providing no evidence, the court accepted the accused’s allegations and reduced his sentence, ruling that killings over family honor (ghairat) under provocation had been accepted as an extenuating ground for the grant of lesser punishment not equivalent to Qatl -e-Amd, so the appellant is entitled to some concession” [17]. These judgments set out the precedents of leniency in cases where the accused alleges that he has murdered provocation.
Honor killings under criminal law
In 1990, Pakistan replaced the Penal Code of 1860 and enforced three sections of Islamic Law wali (heirs at law of the victim), qisas (retribution/ discipline), and diyat (blood remission or plutocrat), into the Penal Code. These amendments enabled men to kill sisters, women, and daughters to restore the Honor that they believed was lost while escaping the sanctions they deserved [18].
Honor killing was recognized as a form of murder when the sections of the Pakistan Penal Code and Criminal Procedure Code were amended in the Criminal Law Amendment Act of 2004 [20]. These amendments paved the way for the cases to be prosecuted in regular courts [21]. Murder is defined as an offense of Qatl-e-amd under Section 300 of P.P.C. with the punishment provided in its Section 302 [22]. The effect of invoking these amendments can be seen by taking the following judgment as an example.
In Muhammad Qasim vs. State where the court emphasized that “the words in the name or pretext of Honor referred to a pre-mediated crime and should not be confused with grave and sudden provocation which refers to crimes committed under loss of self-control” [23]. This judgment emphasized that Honor killings are intentional, falling under Qatl-e-Amd, and are punishable under Sec 302 of PPC.
Despite these legal actions taken, murder being a compoundable offence under Qisas and Diyat Act 1991 provides an opportunity for the complainants to pardon the accused, they can also either claim or dispose of the diyat and in most cases, the complainants pardon the accused in the name of Allah which results in acquittance despite evidence against the accused.
A landmark case of honor killing is when celebrity Fozia Azeem known as Qandeel Baloch a model, actress, social media celebrity, and activist from Showbiz of Pakistan was killed by her brother Muhammad Waseem due to her ‘pictures and videos’ as confessed by the accused. He was sentenced to an imprisonment of 25 years under Sec 311 of PPC after more than 3 years of investigation. During this time the victim’s parents attempted to pardon the accused under Sec 345 of CRPC but their application was refused by the trial court claiming that this was not a blind murder but a murder on the rationale of honor.
This case gained international attention and many movies were made on this case to make it noticeable. These efforts resulted in the introduction of the Honor Killings Acts 2016 which defined Honor killing as murder with capital punishment and categorized it as “Fasad-fil-Arz” [24] under Sec 311 of PPC which made it a crime against the state so that the accused can be given a life sentence and cannot be pardoned even when the legal heirs were unwilling to proceed the case.
While it seems that this act has addressed all the loopholes present in the former legislation but this act also contains a loophole, now the murderers could simply complain that honor had never been their motive because the description leaves the most important aspect, it does not include words “whether committed due to grave and unforeseen provocation”, therefore it leaves room for judges to grant concessions to the indicted grounded on this plea, regardless of it being removed from the law [25].
The loophole allowed those responsible for “Honor killings”, often a relative to avoid punishment by seeking forgiveness of the crime from another family member [26].
The Lahore High Court announced its decision in the Qandeel Baloch murder case, acquitting the accused on account that he was pardoned by the victim’s mother and also on account that the accused must “explicitly” confess the honor killing. The verdict of the court captures several issues linked to the criminal justice of Pakistan including blood pardons, poorly drafted legislation, procedural irregularities, and the restrictive, textual interpretation of the law by the courts [27].
International law provisions
Pakistan is a signatory of many international conventions and treaties that bind it to uphold and protect women’s rights and take action for violence against women. These conventions include CEDAW (the only UN human rights organ that exclusively addresses women’s rights), ICCPR, and UDHR. Article 1 of UDHR declares all human beings’ dignity and rights equality [28]. Article 1 of ICCPR gives everyone the right to self-determination [29].
UN Convention on Elimination of All Forms of Discrimination against Women (CEDAW) was ratified by Pakistan in March 1996. Pakistan committed itself to amend or repeal laws inconsistent with the Convention and to ensure that discriminatory practices against women are brought to an end [19]. Under CEDAW, Pakistan is obliged to take action against cultural, and social traditions and customary practices that discriminate against women. Article 1 of the convention defines discrimination against women. Articles 2 and 3 impose an obligation to eliminate discrimination of all forms [30]. CEDAW has given general recommendations to state parties to ensure the protection of women’s rights[31]
Other than conventions many international organizations also criticize Pakistan for their increasing trends of violence against women including Honor killings. Amnesty International believes that penal sanctions commensurate with the gravity of the offense should apply to Honor crimes. However, it unconditionally opposes the imposition of the death penalty, which it regards as a violation of the right to life and the ultimate cruel, inhuman, and degrading punishment [32].
Human Rights Watch recommends that Justice for Pakistani women requires a broader government effort, including more state prosecutions of “honor killings,” reformed criminal laws, and greater access for women and girls to safe emergency shelters and other services when they report risks from their families [33].
Conclusion
Pakistan being an Islamic state, upholds the principle that men and women are spiritually equal. Islam equates the killing of one person to the killing of the whole humanity. Islam strictly prohibits the intentional killing of a believer, including honor killing. Matters of justice should be left to ALLAH or decided by the courts, as no one has the right to take the law into their own hands. While Islam commands women to guard their chastity, it does not permit anyone to harm or take a woman’s life if she fails to follow this command. Moreover, all the commands of the Quran apply equally to men and women. The traditional and patriarchal mindset that the honor of family resides solely in the conduct of women and it could only be restored in the form of her death, must change. Such actions constitute a greater sin than the one being condemned. These norms must be eradicated through education and awareness campaigns. Religious leaders play a vital role in this regard by making people understand the clear interpretation of the commands of ALLAH. It is crucial for Pakistan to strictly implement the recommendations of international organizations and enforce laws like the Anti-Honor Killing Act, of 2016, eradicating all the loopholes to ensure that preparators find no way or excuse to escape the punishments.
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