Honor Killings and Pakistan

A young couple had eloped. Belonging to different tribes, but living in the same mohallah (neighborhood) they had committed the most dishonorable act. It was decided by the panchayat (council of elders consisting of men) to lure them back with promise of marriage celebrations. Dressed in their finest, both were killed by their respective families and buried in unmarked graves without funeral rites to reclaim lost family honor.

The above scenario is one instance of “femicide,” murder of women, which illustrates deep-rooted patriarchal values embedded within society. Honor killing, intimate partner violence, domestic or sexual violence, all pose a threat to women’s safety in Pakistan.

The practice of honor killing, colloquially referred to as Karo-Kari and Siyah-kari target both men and women although in majority of the cases, women are its victims. The parallel quasi-judicial systems, Jirga or Panchayats, issue verdicts declaring more women than men guilty and punishable. Different factors account for someone to be labeled as “kari” (black). Marrying outside the tribe, wanting to marry outside the family, being seen talking to a male at a public place is sometimes enough to be killed. The perpetrators of this crime are often members of the immediate family who carry out orders to murder for the sake of “ghairat” [traditional concepts of familial shame].

Human Rights activists estimate that around 1000 women are murdered annually in Pakistan in honor killings.¹ As per unofficial statistics from southern parts of Sindh province, at least 217 people including 152 women were murdered in honor-related crimes in 2022.² Sources in Sindh Police Department confirm that 141 women have been reported as murdered in honor-killings this year.

An alarming aspect of honor killing is that it is often made to simulate suicide. Such cases pose a special challenge and require a high index of suspicion during autopsy and investigations, to accurately declare the cause of death, especially where non-violent approaches are used including poisoning and hanging.

The legal standing of honor killing in Pakistan has a long history with unsuccessful attempts to control it. In 2004, the Criminal Law Amendments in sections of the Pakistan Penal Code (PPC) and Criminal Procedure Code officially recognized honor killings as a form of murder thereby paving the way for it to be prosecuted in regular courts of law.

However, murder under the existing Qisas & Diyat Act 1991, is considered a compoundable offence. This allows the complainants to pardon the accused through a compromise arrived at voluntarily. They can also either claim or refuse diyat (compensation or blood money payable to the legal heirs of the murdered). This creates challenges in the application of the 2004 PPC amendment.

In 2016, Qandeel Baloch, a social media celebrity, was killed by her brother for bringing “shame” upon her family. The accused was subsequently pardoned by his and (the victim’s) parents. This created an uproar both nationally and internationally. Books and movies focusing on Qandeel’s life were developed to bring attention to this cause. All this served as a catalyst for the introduction of the Honor Killings Act 2016.

The Act defined honor killing as “murder” with penal punishments, categorizing it as “fasad-fil-arz” (producing chaos in society). This term, drawn directly from Muslim jurisprudence serves to see the act as a danger to the wider community shifting the nature of the crime to one committed against the State and not only an individual. This concept is also used to decide the severity of punishment awarded by assessing the past convictions of the accused, the nature of the offence and the accused being a danger to the wider community.

The Act however has several loopholes. As an example, determining the “past conduct” of the accused in awarding punishment can serve as a double-edged sword. If the accused has no past history of violence, the degree of punishment can be reduced.

Moreover, since the prosecution must establish that the murder indeed qualifies as honor killing, the credibility and expertise of the prosecutors are crucial factors in the implementation of the existing laws. Lack of training, incompetence and callous attitude of prosecutors can contribute to miscarriage of justice. External and internal influences can also tilt the scale in favor of the powerful.

More importantly, the existence of two sets of law continues to complicate delivery of justice in most cases. Despite the existence of 2016 Act, the Qisas and Diyat Act 1991 still stands leaving the door open for negotiations and compromise, even if the case goes to trial. However to date, no published evidence exists with respect to the percentage of cases that end in a compromise.

While the long-term effects of the laws have yet to be established, increasing social awareness and civil outcry about violence against women in the wider Pakistani society continues to provide impetus for changes within the legal systems. As an example, the Domestic Violence Bill passed in 2021 can be considered a landmark achievement for including emotional and psychological abuse within the definition of violence against women. Pakistani society has a whole long way to go in eliminating crimes against women but the response of the civil society provides a glimmer of hope for change.

References:

1. https://www.hrw.org/world-report/2022/country-chapters/pakistan
2. https://tribune.com.pk/story/2407440/217-killed-in-the-name-of-honour-in-2022-report