HONOUR KILLING IN PAKISTAN

A CASE LAW STUDY

BY

Research Synopsis / Proposal of:

LL.M.

In the Worthy Supervisor:

Aatir Hussain Rizvi

Roll No.

Session _________

Department of Law
Superior University Lahore.
 HONOUR KILLING IN PAKISTAN
A CASE LAW STUDY
Submitted to Superior University, Lahore in Partial fulfilment of the
requirements for the award of degree of
LLM

BY

ROLL NO

Session _________

Department of Law
Superior University Lahore.
 RESEARCH COMPLETION CERTIFICATE
SESSION (_________)
It is certified that ______________________of LLM, (Roll No________________)
has completed the research work contained in the thesis entitled as “Honour Killing
in Pakistan a Case Law Study”

Date:

Supervisor
Aatir Hussain Rizvi

Submitted Through:

Prof:___________________________
Department of Law
Superior University, Lahore ________________________

Controller of Examinations
Superior University, Lahore
 DECLARATION

I _____________________________________, Roll No. (_________________)

student of LLM. Session __________, hereby declare that the material produced in
the thesis titled as

“Honour Killing In Pakistan A Case Law Study”

Have our own work and never been printed, published or submitted as research work,
in any University, Research Institution etc. in Pakistan or abroad.

Dated:__________________ Signature of Deponent

 DEDICATION

We dedicate this research work to our loving & caring

parents and our honourable teachers
 Acknowledgements
Before all I would like to thank to Almighty Allah, who created as human being and
blessed us with knowledge to differentiate between true and wrong & who gave men
and women equal rights and to His beloved Prophet Muhammad Peace Be Upon Him,
whose teachings gave me the strength to complete my thesis
I am whole heartedly grateful to my Respectable supervisor, Mr. Attir Hussain Rizvi,
who’s help, encouragement and support in form of useful remarks on my thesis work
at initial stage to final step enabled me to improve my understanding on the subject in
analytical way, His efforts, hard work and maintenance of professional honesty
empowered us to complete our research work without any difficulty.
And special thanks to Chairperson of Law Department Superior University, Lahore
Prof. _____________________for cooperation, innovative suggestions and constant
moral support really helped us to accomplish the goal.
I have no words to acknowledge the detriments, a lot of prayers, guidance, support,
inspiration and firm dedication from my loving Father, caring Mother and sister and
brother whose moral support encouraged me to make this research possible.
 Abstract
The purpose of the study to explain “Honour killing” it funds that killing a family in
the name of family pride or shielding once family’s honour. Usually murders,
committed by male family members against female family members, who are
professed to have brought dishonour the family. Hundreds of women are assassinated
by their families each year in the name of family honour. A man can kill a woman,
claiming that she brought dishonor for the family, in Pakistan the term Karo-Kari has
been traditionally employed as a label for the crime of double-homicide. A man, and a
woman, both killed usually by her husband, father or brother in what is characterized
as fit of rage when the killer sees or in many case just hear or blame both victims
actively engaged in sexual activity. In this Article, I suggest the legislatures to amend
the criminal law, strict execution of criminal and all relevant laws, Jirgas and
Punchayats verdicts should be freeze and declare as void, against the law and
fundamental rights. The practice of settling disputes by gifting girls as reward and
penance should be stopped with iron hands. Proper training of police officials to
change the mindset of the civil society that women are commodities as exchange to
pay for the sins of men in exchange of money, compensation or penance for crimes
and settling of disputes, in order to prohibit such heinous crime.
Karo-Kari, Vani and Swara are the Customs in Pakistan, Women Rights Protected in
the Constitution of Pakistan, 1973.
Women are killed for stated crime which damagingly the “Honour” of their families
and tribe, these crimes includes illegitimate relationship, rebellion, pretext of
property, being a rape victim, marriage choice and for seeking divorce, in Pakistan
there are many laws for the protection of women but not in practice due to which
honour killing is practiced in Pakistan.
 CONTENTS
CONTENTS........................................................................................................................... 8
CHAPTER.1 ........................................................................................................................ 10
INTRODUCTION............................................................................................................... 10
1.1. BACKGROUND: ....................................................................................................... 10
1.2. WHAT IS HONOUR KILLING............................................................................... 11
1.4. HISTORICAL BACKGROUND OF VIOLENCE AGAINST WOMEN
(SPECIFICALLY HONOUR KILLING) ........................................................................ 14
1.5. LITERATURE REVIEW ......................................................................................... 15
CHAPTER 2: ....................................................................................................................... 16
CAUSES/ REASONS OF HONOUR KILLINGS AND IMPEDIMENTS IN THE
WAY OF IMPLEMENTATION OF LAWS .................................................................... 16
2.1. ROOT CAUSES BEHIND HONOUR KILLINGS: ............................................... 16
2.1.1. GENDER INEQUALITY ................................................................................... 16
2.1.2. LACK OF EDUCATION/AWARENESS ......................................................... 17
2.1.3. BRINGING DISHONOUR BY CHOOSING A LIFE PARTNER : .............. 17
2.1.4. ADAPTING WESTERN LIFESTYLE: ............................................................ 18
2.1.5. EXTRAMARITAL AFFAIRS LEADING TO HONOUR KILLINGS: ....... 19
2.1.6. SEXUAL ASSAULT VICTIM: ......................................................................... 20
2.1.7. LOW LITERACY RATE: .................................................................................. 20
2.1.8. GENDER DISCRIMINATION AND TOLERANCE ISSUES:...................... 20
2.2. COMPLIANCE OF LAW ......................................................................................... 22
2.3. INCREASING RATE OF HONOUR KILLINGS.................................................. 24
2.4. ROLE OF OUR EDUCATIONAL SYSTEM TO GIVE RAISE OF HONOUR
KILLINGS. .......................................................................................................................... 25
2.5. IMPEDIMENTS IN THE WAY OF IMPLEMENTATION OF LAWS.............. 26
2.6. INFLUENCE OF POLITICAL SYSTEM IN CASES OF HONOUR KILLINGS
IN PAKISTAN .................................................................................................................... 27
CHAPTER 3 ........................................................................................................................ 30
HONOUR KILLING STATISTICS IN SOUTH ASIA .................................................. 30
AFGHANISTAN ................................................................................................................. 30
INDIA ................................................................................................................................... 30
PAKISTAN MAIN ARTICLE: HONOUR KILLING IN PAKISTAN......................... 32
CHAPTER.4 ........................................................................................................................ 40
LAWS REGARDING HONOUR KILLINGS ................................................................. 40
4.1. THE RIGHTS OF WOMAN / HUMAN PROTECTED IN THE
CONSTITUTION OF PAKISTAN, 1973. ........................................................................ 42
4.2. AMENDMENT OF PAKISTAN PENAL CODE, 1860, IN THE YEAR 2004 .... 43
CHAPTER 5 ........................................................................................................................ 48
CASE LAWS STUDY......................................................................................................... 48
CITATION NO.1. ................................................................................................................. 48
CITATION NO.2 .................................................................................................................. 50
HONOUR KILLING IN PAKISTAN: A CASE STUDY OF QANDEEL BALOCH .. 51
REPORTED CASE VIOLENCE AGAINST WOMEN.................................................. 52
CHAPTER 6: ....................................................................................................................... 54
CONCLUSION, RECOMMENDATIONS & SUGGESTIONS..................................... 54
6.1. CONCLUSION ............................................................................................................ 54
6.2. RECOMMENDATIONS............................................................................................. 56
6.3. SUGGESTIONS ........................................................................................................... 56
6.4. FRAMING OF ISSUES............................................................................................... 58
RESEARCH METHODOLOGY ...................................................................................... 63
REFERENCES & ARTICLES VIOLENCE AGAINST WOMEN ............................... 60
ARTICLES .......................................................................................................................... 63
REFERENCES .................................................................................................................... 64
BIBLIOGRAPHY ............................................................................................................... 65
BOOKS ................................................................................................................................ 65
CHAPTER.1

INTRODUCTION

1.1. BACKGROUND:

Honour killing is an act of assassination in the name of Honour, in which a person is

killed for his/her actual or alleged immoral behaviour. Such "immoral behaviour" may take
the form of so-called matrimonial infidelity, refusal to submit to an arranged marriage,
demanding a divorce, perceived flirtatious behaviour and being raped.1 Suspicion and
accusations alone are many times enough to defile a family's honour and therefore enough to
warrant the killing of the woman.2
According to reports, it’s declared that everybody has the privilege of their particular life,
freedom and basic leadership. Everyone has allowed using their basic rights without any
discrimination of religion, nationality, gender and they have right to wed or not to wed.

In patriarchal cultures, women's lives are arranged through a strict preservation of an

honour code. In order to reserve woman's chastity, women must abide by socially preventive
cultural practices pertaining to women's status and family Izzat, or honour, such as the
practice of Purdah, the isolation of sexes. Honour killings are frequently more multipart than
the stated excuses of the wrongdoers. More often than not, the murder relates to tradition
problems, feud-settling, or to get rid of the wife, for example in order to remarry. Agencies of
Human rights in Pakistan have repeatedly highlighted that victims were habitually women
wanting to marry of their own will. In such cases, the victims held properties that the male
members of their families did not wish to lose if the woman chose to marry outside the
family. Every year, hundreds of women are killed in the name of honour by their family
members because they have brought dishonor to the family and the community.

1
(November 1999) Ayesha Khan,. "Mobility of women and access to health and family planning services in
Pakistan". Reproductive Health Matters.
2
Khan, Ayesha (November 1999). "Mobility of women and access to health and family planning
services in Pakistan".
1.2. WHAT IS HONOUR KILLING

Honour killing defined as murdering a member of the family in the name of honour, it
is usually the females who are killed for bringing shame to the family. In rare cases, men are
also murdered if they bring dishonour to their family or community.

It is believed that honour killing is private family affair and It should be noted that
honour killing is a gender neutral concept but overwhelming majority victims are women. It
should remain between four walls of the house; no accurate data available on this social evil.
That only fundamental difference is that the male accused of dishonoring might be given a
chance to explain his circumstances and can discharge from death penalty by giving
compensation to the family who has been ‘dishonoured’. Women are rarely given
opportunities to explain their position of the story and the only possible way to restore the
honour is by killing the women who has brought shame to the family.

An International report described specific devotion to "the failure of the authorities to

prevent these killings by investigating and punishing the perpetrators." As per women's
rights advocates, the concepts of women is property and honour are so deeply inherent in the
social, political and economic fabric of Pakistan, for the most part, ignores the daily
occurrences of women being killed and injured by their families. The fact that much of
Pakistan's Tribal Areas are semi-autonomous and governed by often fundamentalist leaders
makes federal enforcement difficult when attempted.

Pakistani women bear abusive behaviour at home because of male perpetuators,

relatives and society. Most of the women are revenged, beaten and even killed on the basis of
“honour”. It is assessed that one fifth of honour killing in this world are practiced in Pakistan.
Very nearly 1000 ladies are murdered in the name of honour each year. A massive number of
women have been affected badly by culture, custom and conventions in Pakistan. Honour
Killing is a exercise whereby male individuals kill a female relative who caused harm to
family respect. Honour killing starts when a lady conversing with an irrelevant male, having
illicit relationship, existence the casualty of assault, or declining to wed a man choose by her
family.
 Indeed, even a doubt of the lady’s involving any of these activities can be satisfactory
to cause “Honour Killing”. No additional explanation is required. Mostly the women are
murdered by their dad, siblings or uncle, however other ladies of the family are typically
become a part of this activity.

1.3. Honor Killing and Human Rights:

The honor killing is the violence of basic rights as sanctity of life and basic human
rights have been definite in the constitution of Pakistan. Article 55, of the Charter of the UN
says, “with a view to the creation of condition of stability and wellbeing which are necessary
for peaceful and friendly relations among the nation based on respect for principle of equal
rights and fundamental freedom and self-determination of the people. The United Nations
should promote universal respect for and observance of human rights and fundamental
freedom for all without distinction as to race, sex, language or religion”

1.4. KINDS OF KILLING

a. Karo-kari

Literally, Karo means a black male and Kari means a black female. Karo-Kari is a
tradition whereby a man can murder a woman, claiming that she brought dishonour to the
family, and still expect to be exonerated by her families.

In Sindhi term karo-kari means black scandalous man - disgraceful woman (who have
brought dishonour to the family or clan), a ’crime’ that allows traditionally pardoned killing
in the name of honour of a man or woman charged with an illegitimate affiliation.

In Balochistan the term used is siyah kari. It can be definite as acts of killing, in which a
woman is killed for her actual or perceived immoral behaviour, such as marital infidelity,
refusal to submit an arranged marriage, demanding a divorce, perceived teasing behaviour
and rape.

In Sindh and Balochistan provinces of Pakistan, the term Karo-Kari has been traditionally
employed as a label for the crime of double-homicide. A man, or a boy, and a woman, or a
girl, are both killed usually by her husband, father or brother in what is characterized as a fit
of rage when the killer sees or in many case just hear or blame both victims actively engaged
in sexual activity. The murder relates to inheritance problems, feud settling, or to get rid of
the wife, for instance in order to remarry.

b. Vani.

Vani is a child marriage tradition in tribal areas of Pakistan and is widely followed in
Punjab. This practice is tied to blood feuds among the different tribes and clans where young
girls by forcing married to the members of different clans in exchange of money or in
compensation for crimes and settling of disputes. It used as a method of resolving disputes
and settling debts between families and tribes.

According to this custom, female members are married with criminal male’s family and
given compensation or penance to the victim’s family. These decisions are over and over
again made by a Jirga or Punchayat, which is a association of elders from the community, and
convince an informal court to decide methods for resolving disputes.

In 2002, Aba Khela, Mianwali, Punjab, a decision was taken that handing over eight girls
as reimbursement to resolve an old dispute. And the Supreme Court of Pakistan took suo-
motu action on it. In the year of 2006 another incident took place in Kashmore, Sindh where
five minor girls were to be handed as recompense to the rival party.

c. Honour Killing:-

Honour offences are acts of violence, habitually assassination, committed by male family
members against female family members who alleged that female have brought dishonour
upon the family. A woman can be targeted by her family for different types of reasons
including, refusing to enter into an arranged marriage, being the victim of a sexual assault,
seeking a divorce even from an abusive husband or committing adultery. The mere sensitivity
that a woman has acted in a manner to bring dishonour in family is enough to trigger an
attack.

d. Swara:-
 Swara is similar to Vani in which the suspect family gives their girls in marriage to an
aggrieved family as compensation to settle blood feud. The level of hypocrisy is such that if a
man commits a crime, the family women are to be punished, even though the rights of
women protected by the constitution of Pakistan 1973.

1.5. HONOUR KILLING OF WOMEN ISLAMIC PROSPECTIVE

Honour killing is prohibited in Islam even there is no direction of this activity in the
Quran or in the Hadiths. There is little proof of this practice in Muslim nations, for example,
Malaysia or Indonesia, south Asia, Middle East, and as well as Pakistan.

Islamic Republic of Pakistan in the world considered as one of the most dangerous
and unsafe country, because of growing rate of crimes against women in the shape of honor
killing and honor related violence, which are known as assaults committed against women for
what is considered immoral behavior. This ill practice remains a sin until someone brings this
to the Shariah court. If the court feels satisfied with the proofs as per Islamic guide lines then
the offenders are punished for their offence positively. Sexual relations beyond legal contract
of marriage are prohibited in Islam and the term Zina is used for adultery. Zina or adultery is
not considered mere a sin but it is also regarded as an offence in Islam, Quran says

(24:2): The woman and the man guilty of adultery flog each of them with a hundred
stripes: let not compassion moves you in their case, in a matter prescribed by Allah,
if you believe in Allah and the last day; and let a party of believers witness their
punishment.

However, Islamic law does not confer that any private authority except the
government to sit in ruling against man or woman accused of adultery, fornication and none
except as Islamic court has the authority to punish them. There is a complete consensus of all
the jurists of Islam flog, each of them with a hundred stripes, addressed not to the common
people but to the officials and judges of and Islamic Government.

Arguments By Some Scholars On Justification Of Honor Killing

Some Islamic scholars and researchers connected study on the act of honor killing
with Islam, in this research the issue of honor killing has studied in the light of fundamental
resources of Islam i.e. Quran (the Saying of Allah) and Hadees (The Saying of Prophet
Hazrat Muhammad PBUH) to simplify the true supervision of Islam in such cases. The claim
of some scholars examined that honor killing get inspiration from Islamic Guidance has also
been studied through Primary and Secondary Sources of Islam. Effort is made to bring forth
the correct Islamic teachings.
In addition to these facts and truths, some Islamic scholars of Pakistan tried to justify
the crime of honor killing in the light of a general saying of Prophet Muhammad (SAW)
which is not related to honor killing directly.

For example, Jalandhri contends about the famous saying of prophet who so ever in
you, see a crime/guilt, should stop it with his hand (Muslim:70), that act against the
wrongdoer looks lawful according to this belief of the prophet. Moreover, the killing of a
man belongs to the unfriendly family and evil of each Muslim is made responsible for this
task. If a man sees committing heinous sin of adultery and he does not scolding it, it is against
the rules of Islamic beliefs. So taking action against a unfamiliar person is permitted as
against one’s own wife or family members.

In a paper about this organ, it is claimed that killing of accused looks justified during
the process of adultery. This organ also mentioned the views of other jurists to support their
claim. The basics for all these quotations are the self-explanation of the prophet’s tradition.
Muhaddith points not only taking the law in hands by the laymen just like the tribal system
but also its intimate at the Quranic Order of Lian as imperfect solution saving the woman
from punishment and treating the esteem of the man (Madani: 2004).

1.6. LITERATURE REVIEW

There are different perspectives or factor which promotes the Killings on the name of
honour, which include religious perspective, cultural perspective. A lot of work has been
done on this issue. There are many laws on this issue but the problem is that, there is not
proper awareness in the society of these laws.
CHAPTER 2:

CAUSES/ REASONS OF HONOUR KILLINGS AND IMPEDIMENTS IN

THE WAY OF IMPLEMENTATION OF LAWS

2.1. ROOT CAUSES BEHIND HONOUR KILLINGS:

Honour killing is misleading exercise that needs to be cured. In order to address this
sickening culture to help avoid such ruthless issues, we all need to understand and learn about
the facts related to honour killings. Only once we are educated with the root causes of horrific
honour killings in Pakistan we will be able to come up with solutions to help stop this not
only for a limited time but permanently.
There are numerous devastating shocking causes of honour killings in our state making
Pakistan one of the prominent countries where the dreadful act prevails.
Although the causes of honour killings are endless few major ones are enlisted in this piece to
help as understand the core reasons leading to the devastation.
There are numerous reasons for which honour killings arise, and several factors interrelate
with each other,

2.1.1. Gender Inequality

Gender inequality among men and women is the major cause of increasing
honour killing in Pakistan and it is observed in all domains of life in all districts.
Honour killing has been increasing last couple of years in the district. Our study
disclose the facts that within 5 years 45 women are killed in the name of honour
killing. Out of 45 women, 11 women are murdered. Moreover, queries were asked for
obtaining data about possible causes of gender inequality in the district that leads to
honour killing of women.
This is because of male child preference. People believe that female is inferior
to male and this immoral discernment justify the protection of man from killing and
making woman vulnerable for killing in the name of honour killing. Moreover,
economic dependency also believes to be one of the major causes of honour killing in
the area. women who were asked consent for their marriage reveals that majority of
the women are involved in informal occupations and fewer number of women are
engaged in formal professions,.
Around 150 women of each town were asked for above cited query. Out of
150 women, 45% women believe that illiteracy is major cause, followed by 15%
male child preference and 40% women believe that forced marriages and economic
dependency are the major aspects that lead women honour killing. This data disclose
that large number of women believes that mass illiteracy among them is major factor
that leads killing of women in the name of honour killing. That more women are
killed in honour killing, though both man and woman are equally responsible for an
immoral act. Our study discloses that in 75% honour killing cases, women are being
murdered and in only 25% cases, men are being killed.

2.1.2. Lack of Education/Awareness

Gender based issues specifically against women has become a serious problem
in Pakistan. A major factor contributing to the shocking trend is the lack of education
and awareness about gender-based problems. Another reason is that such crimes are
still committed by the involvement of power people who exploit culture and religion
for their own benefits. These were the findings of a comprehensive outreach
programme that Individual land Pakistan, an Islamabad based consultancy and
advocacy group undertook by the support of USAID and Aurat Foundation on the
‘Sensitisation of media personnel on Gender Equity’ in 2011.
The project was started with a baseline survey to measure the current
perceptions of the public and media on gender equity. The results of the study were
representative of the statistic that gender-based violence and prejudices are
widespread in Pakistan, specifically in areas that are still under the influence of the
feudal culture. There is an alarming trend of accepting unjust social practices,
especially honour killings, in the rural areas of all the provinces.

2.1.3. Bringing dishonour by choosing a life partner:

Belonging to an Islamic state the religion gives rights to both men and women
to choose the life partner as their choice and will for marriage but the society directly
or indirectly does not seem like to encourage the fact. Having the liberty to choose a
partner of your choice is not a shame; it is a fundamental and legitimate right for
all. It’s pitiful to learn that unfortunately woman in Pakistan are believed to be man’s
commodity they are controlled by fathers, brothers, and husbands. Individuals with
such mind sets consider it no honour in respecting and identifying the rights of a
woman granted both by the law and Sharia.
Traditionally both in rural and urban culture in our country the head of the
family are destined to choose the so-called right spouse for the girl, and even if the
girl does not wish to engage in the deed she is thought to remain quiet. Practicing this
fearful byplay for century’s woman is forcefully controlled if they try to escape the
situation. The redemption for an act where the women succeed in getting away with
their choice is murder for the sake of honour.
1. With love of another caste or religion person–
One of the most common causes for honour killing is to fall in love with
another caste, similar gotra or different religion of the person. Love Can became
cause for killing someone due to honor. It can be considered one of the most
sacred feelings which are propagated by all religions and when this same love
feeling becomes a cause for killing someone, it becomes heinous.

2. Unacceptable Dressing for the family or community or Society-

What could be the level-headedness behind this cheap thought? Life of the
person so useless and it could be snatched away just because of that an individual
have desired to dress up of his/ her own will or choice.

3. Engaged acts in homosexual or heterosexual–

Girls and women are killed at much higher rates than men in this kind of
situations. As per Notable Universal Declaration of Human Rights
“Men and woman of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal
rights, as to marriage, during the marriage and at its dissolution. “

This law needs to be protected under the governing forces of the country but on
the contrary honour killings facts state that over 1000 women are murdered each year
mainly because they want their own choice in the decision to get married.

2.1.4. Adapting western lifestyle:

The way a woman dresses up or carries herself is normally an identification of

the culture she belongs too. Most women in Pakistan are perceived to fit in the role of
an “ideal woman” and that for most communities is only mirrored by the dress code.
However, no doctrine law exists in the country that considers hijab or parda a
must. In the past couple of centuries more and more women have been engaging in
the marketplace and therefore have adapted convenient or western clothing result in
encouraging a woman in the areas of rural and urban to change the way they dress.
In no way is it commented on being rights but the reality today is that the
global media, books, advertisement and most of all internet has played a dynamic
character in giving the necessary and unnecessary exposure to the individuals hence
leading to the desire to have a free will for a lifestyle for many. Individuals with
sickening mind sets find a connection between a woman’s existence and their honour.
Everything a woman does is believed to bring either humiliation or pride not only for
the family but also for the community. Facts show that main grounds of honour
killings are adapting westernizes culture. If a man does not approve of the way a
woman dresses up or maintains a certain lifestyle, he has the right to take necessary
action including killing for honour in most cases.
a case of in 2003, 17 year old girl Shafilea Ahmed was brought into the
limelight when this young girl belonging to a Pakistani family was murdered by the
parents due to honour, because Shafilea insisted to continue practicing western
culture.

2.1.5. Extramarital Affairs leading to honour killings:

The phenomenon has prevailed extensively in the past couple of years mainly
because of our media where the subject is discussed and often encouraged too.
Marriage in Pakistan is considered to be a lifetime commitment. A girl is taught since
the day she was born to only leave a husband’s house on death. This is the reason why
the word extramarital affair is considered abuse in most household today. No Matter
how liberal the society may become, despite the fact that none of us can approve the
act the big question i.e. does any individual have the right to take away somebody’s
life without any reason of cause?

The stigma of honour killing attached to the society has resulted in giving
liberty to the cruel citizens to murder the woman engaged in any immoral activity
when in a marriage. Extra-marital affairs are no doubt forbidden both in the religion
and society but that in no ways allows any individual to take the law in their hand and
conduct an even more shameful act by murdering someone. The point here is that
whatever the reason for the act, it can be dealt with privacy without having the world
to know. The dishonour is brought to the family by the individuals encouraging
honour killing and not by the victim.

2.1.6. Sexual assault victim:

Isn’t the assault bad enough for the victim but to further add to the situation by
killing the women for the sake of honour. It is just so sad to know that the woman is
thought to carry disgrace for family, if she becomes a rape victim. In a society we
belong to attempting an assault is not as disgraceful as being a victimized by it.
In 2018 reportedly two sisters were killed for honour simply because they both
were abducted and later victimized with rape. The news from Rahim Yar Khan
became most highlighted honour killing case in Pakistan.

2.1.7. Low Literacy rate:

As per the Economic Survey of Pakistan, the literacy ratio of the country is
60% which is quite low as compared to many other countries. It is a known fact that
only an educated nation can prosper and help establish the development of any
country and since most of the men and especially woman are ignorant of education in
Pakistan it has resulted in many social issues. One of the prominent honour killings
facts is that being uneducated makes a person less exposed to the enlightenment of
righteous thoughts and this has to be one of the basic reason our country is
experiencing honour killing cases every now and then. Whatever the cause might be
leading to the murder be it right or do the individual who is conducting such an
inhuman performance must be aware of the fact that the idea itself is obscene. Only if
a law for a must education in rural or urban areas is passed we can have a generation
that possesses a positive and a liberal mind. By educating the men and woman the
focus can be put to problem-solving rather than heartlessly taking extreme steps.

2.1.8. Gender Discrimination and Tolerance Issues:

 Gender discrimination comes across as a leading cause of male domination in
our society. This inequality has to lead the men to believe is that if not anything they
have the right to control woman. This is basic causes ever why honour killings take
place, it gets very hard for a man to digest if a woman tries to maintain her own living
standards. Men in Pakistan are not taught or given a brought up in a way to respect
woman’s space which is resulted in absolutely no tolerance for any insurgent
commotion.
Not only in the rural or remote areas but also in big cities like Karachi and Lahore the
tolerance level for a woman’s choice remains absent. And being habitual to the
control it gets almost impossible for men to let go of a woman without punishment in
case of any rebelliousness.

The perception of family honour is extremely vital in many Muslim societies. The most often
cited figure printed by the United Nations in 2000 is an approximate 5,000 worldwide
killings each year, mostly in Islamic regions of South Asia, North Africa and the Middle
East. The family observed the main source of honour and the community exceedingly values
the connection between honour and the family. The Act of family members may be
considered unsuitable for bringing shame to the family in the eyes of the society. Such acts
frequently include female conducts that are related to sex without marriage or way of
dressing, but may also include male homosexuality. The family loses face in the society, and
may be ignored by relatives. The only way the shame can be wipe away through killing the
cause. The principles in which honour killings take place are typically considered
"collectivist cultures", where the family is more significant than the individual, and individual
sovereignty is seen as a threat to the family and its honour.

Honour killings are habitually as result of strongly misogynistic views towards

women, and the position of women in society. In these usually male-dominated societies
women are at the mercy of their father and then on their husband, whom they are probable to
obey. Women are watched as property and not as individuals with their own agency. As such,
they must surrender to male authority figures in the family failure to do so can result in
thrilling violence as punishment. Ferocity is seen as a way of ensuring compliance and
preventing rebellion.

According to Shahid Khan, a professor at Aga Khan University in Pakistan:

 "Women are considered the property of the males in their family irrespective of their
class, ethnic, or religious group. The owner of the property has the right to decide its fate.
The concept of ownership has turned women into a commodity which can be exchanged,
bought and sold".

In such values, women are not permitted to take control over their bodies and
sexuality: these are the property of the males of the family, the father (and other male
members) who must ensure virginity until marriage; and then the husband to whom his wife's
sexuality is subordinated a woman must not challenge the ownership rights of her guardian in
premarital sex or adultery by engaging.

2.2. Honour Killing In Pakistan by Cultural Pressures

Pakistan is a cooperative, patriarchal society, and consequently social boundaries and

community regard are based on honour; in this condition, honour is based on the conduct of
kin or members of a certain group. A Pakistani folk saying defines well the cultural
importance of honour: "'Daulat khony pur kuch naheen khota, sihat khonay pur kuch kho
jaata hai, ghairat khonay pur sub kuch kho jaata hai' (When wealth is lost nothing is lost;
when health is lost something is lost; when honour is lost everything is lost)."

In Pakistan, honour is attentive on the perception of the society versus actual

evidence. Honour is imperative for women and men to uphold; women protect honour by
modesty and men by maleness. The cultural perspective behind honour is that if a woman
does rather that the community observes as boastful then the men in her family must uphold
their maleness and recover the family honour by killing the woman. If this action isn't
completed the shame and dishonour can spread outside the immediate family to the entire
lineage, or even to the entire society. There are many other multiple cultural characteristics
that contribute to honour including a strong derision for death. Due to this, the committer of
an honour killing is highly regarded in the community because of their bravery and what they
had to endure through with killing another was worse than death itself.

2.3. Compliance of Law

 “Honour Killings in Pakistan and Compliance of Law”3 compiled by Aurat
Foundation emphasizing on the ignorance of laws. There is slightly consciousness of laws on
‘Honour killing’. Ignorance is the second important factor to give raises such issues. The
authorised person in justice department, lawyers, police men even judges are unwilling to
impose the laws due to the influence of power holders, silent behaviour and acceptability of
society. Judicial authorities are also reluctant to pay attention on this issue. Mostly cases of
honour killing are compromised outside the courts at domestic level or through “Jirga
system”.
In “Honour Killing in Sindh Men's and Women's Divergent Accounts”4 Shahnaz
Begum Laghari discussed that gender discrimination in our daily life is another important
factor of honour killings. Our educational system, economic and social condition has a great
impact on daily life.
“Karo-Kari: A Form of Honour Killing in Pakistan”5 is an excellent work and Karo-
Kari is a sort of planned murder on the name of respect, which began in provincial zones of
Pakistan. This type of activity is executed against the ladies who are thought to bring
disregard for their family by taking part in unlawful pre matrimonial or additional
matrimonial relations. To rebuild this respect, a male relative must perform this activity
against the female in question. Media and non-administrative association intelligences were
used for examines and inquiry. Some factors such as cultural and social variables have
offered legitimacy of karo-kari inside some groups. Also, culprits of 'honour killing' regularly
have thought processes of infidelity for female external. Analysis of community and cultural
factors, which are connected with the execution of this activity, may help to avoidance or
stoppage strategies.

“Pakistan took steps to remove “honour” from honour killing”6 Huda Fatima says
that, in a notable growth, Pakistani Assembly collectively recognized anti rape and anti-
honour killings laws or bills that present severer sentence for the culprits of such violations.

3. “Honour Killings in Pakistan and Compliance of Law”,

4. Shahnaz Begum Laghari, “Honour Killing in Sindh Men's and Women's Divergent
Accounts”,(2016), 21-53.
5. “Karo-Kari:A Form of Honour Killing in Pakistan”, Vol 45(4),: (2008),683–694.
6
Huda Fatima, “Pakistan steps up to remove “honour” from killing”, ( Elsevier Ltd, 2017)
 We have hundreds of articles and papers emphasizing and discussing women rights
enforcement mechanisms and impediments in the way of it, like, in “Protection of women
rights through legal reforms in Pakistan”7 Naveeda Noreen and Prof. Dr. Razia Musarrat
discuss the position of women rights in Pakistan and assurance of these rights under the shade
of legal changes. After Freedom the ladies of Pakistan assumed a functioning part in country
building movements as for their own particular social motives. Global associations give
special concern related to the issue of ladies strengthening. During Ayub Era Muslim Family
Law Ordinance 1961 was declared which is viewed as an initial step onward for the security
of ladies rights. In the era of Zia’s administration biased laws were offered which annoys the
balance between male and female in the general society. These laws put a negative result on
the status of ladies. Ladies associations challenged Hudood Laws and requested to cancel out
it. Throughout the time of Musharaf new laws were presented for the assurance of ladies
rights (women Protection Act 2006), it is observed as best time in framework of legislature
made for ladies strengthening. The procedure of legal changes is in process. Ladies are as yet
conquered to numerous criminal activities like harassment at jobs, tried rape and throwing
acid. There is need of strict and firm application and execution of laws for the security and
defence of women laws.

2.4. Increasing Rate of Honour Killings

“Discrimination and violence against women in Pakistan”8 by Pakistani Women’s

Human Rights Organization give us a numeric estimation of filled cases regarding honour
killings and violence against women. In the yearly report by the (HRCP) provide figures that
gang rapes, abduction, acid attacks, eliminations, burnings and said almost 800 women
murdered themselves or tried suicide. The report specifies that in excess of a thousand cases
of honour killings were noted a year ago, with a lady who was choked and "cut up" by her
siblings and two sisters shot for their "bad character".
The Human Rights Commission of Pakistan report says that prosecution rates for
aggressive behaviour at home and sexual offenses were low, because ladies are afraid to

7
“Protection of women rights through legal reforms in Pakistan”, 3:4 (2013), 119-138.
8
pakistaniwomen.org/index.php/2016/08/20/violence-against-women-in-pakistan : 11/7/2018)
report or complaint of such crimes. It is considered impossible to report the wrongdoings or
being threatened into pulling back dissensions. It recorded in excess of 900 assaults and rapes
in 2015 and 279 examples of aggressive behaviour at home, 143 of burnings, 833 abductions
and 777 suicides and attempted suicides. The figures are accepted to be far below the genuine
statistics as cruelty against ladies in Pakistan proceeded with persistent.
The HRCP has additionally revealed 987 honour crimes in 2015, with 1,096 female
sufferers and 88 male victims, including an unclear number of kids. Ladies are liable to
various harsh assaults as well. This type of inhumanity contains deliberately spraying,
throwing or torrential acid which become the cause of different types of disabilities.
Moreover, tragically that such brutality has not been enough criticized by noticeable
individuals from society and political authorities.
The state of ladies in Pakistani is a deplorable one. The face judgments at all levels
and are subject to fluctuating form of violence. Their circumstance is additionally irritated by
the narrow minded practices of Pakistani man controlled society, that frequently have
religious assents. The Pakistani state mechanism, directly or indirectly pampered the culprits
of cruelty against ladies, encouraging further cruelties. Many authors state, Islam as a reason
or main cause of honour killings, in their papers or journals. Blood Stains is "Code of
Honour": The Niurderous Relegation of Women in The Islamic World9 by Kenneth Lasson is
one these journals in which Islam and religious clerics are considered the prime causes of
honour killings.

2.5. Role of our educational system to give raise of honour killings.

It is the responsibility of a state to protect the human rights but the rights of women
are generally regressing in many countries mainly in Islamic countries. While many Islamic
women suffer gender based violence for having been born female, they are demoted and
differentiated against in a multiple of other ways as well. Firm principles are set for how they
will dress and act, plus whom they may talk and whom they should wed. They are often
forced into arranged weddings, some at young age as nine years old. They are raped,
physically mistreated, and mutilated. Women who work as teachers are given appointments at

9
Kenneth Lasson, “BLOOD STAINS "CODE OF HONOUR": THE NIURDEROUS
MARGINALIZATION OF WOMEN IN THE ISLAMIC WORLD”, Rutgers School of Law
Newark 30 (2009), 407-416.
schools that required daily shuttle of several hours. Many die while traveling for work as a
result of the heat, violence, poor road conditions, and traffic jams,. Further, terrified of being
forced to marry an undesirable partner, or only in fear because she is too young to be married,
the suicide rate among Islamic women has increased theatrically over the past five years. The
most primitive of the violations against them, in any case, are honour killings.
In “Karo Kari-The Murder of Honour In Sindh Pakistan: An Ethnographic Study”10
Sadiq Bhanbhro, M Rafique Wassan, Ashfaq A Talpur and Aijaz Ali Wassan discusses the
nature and main reasons of honour killings in Pakistani society.

The main object of this paper is to talk about the more extensive situation, in which
honour killings happen, the social arrangements which increase the existence and continuance
of honour killings. An ethnographic research was led in Jacobabad Sindh, Pakistan. The
investigation found that honour killings were not exclusively determined by traditions and
customs, but also by a old-fashioned culture, male controlled social assemblies, the complicit
act of state organizations and law execution organizations and a web of vested interests.
Therefore, honour killings might be avoided by diminishing the impact and interference of
feudal masters on state organizations, specifically law implementation organizations, and by
advancing schooling that challenges a man controlled and outdate mentality in the society.

2.6. Implementation of Laws

“Ignoring the Law in the Name of Honour”11 by Gabriel Hallevy highlights that how
culprits take benefit of ignorance of law in the cases of honour killings. Can individuals
overlook the law for the sake of respect? Around five thousand ladies are killed by their
relatives every year in the name of family respect or honour. These violations are committed
in both progressive western nations and nations of origin. It is hard to get exact figures of
"Honour killings," subsequently most cases were not registered. When a lady is killed for the
sake of family respect in the nation of origin, it is supported by law, since the idea of family
respect defend the murdering of ladies in these cultures. The offenders of such killings in
these civilizations are well-thought-out brave man of their culture. In these societies, the idea

10
“KARO KARI-THE MURDER OF HONOUR IN SINDH PAKISTAN: AN
ETHNOGRAPHIC STUDY” International Journal of Asian Social Science, 2013, 1467-1484
11
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1835382 (Last Assessed :13/07/2018)
of a lady as a vessel of the family status is prevalent, and this idea is completed and joined by
the idea of honour killings. When the culprits are charged in court, they often claim
"ignorance of law" protection. Mostly, this claim is rejected; however, it is utilized to lessen
punishment in ridiculous punishments. Most western nations share this issue. This article
contends that the fault of law protection is unrelated in connection to culture-based violations
against ladies. It is further contended that committing a crime on the grounds of saving a
culture by itself and defends harsher penalising.

Though there are altered laws for the shield of women’s rights like the Anti-Honour
Killing Laws Amendment Bill 2014 and Anti-Rape Laws (Criminal Laws Amendment) Bill
2014 accepted by the Senate of Pakistan in March, in force in the country, yet they cannot do
much until there is a positive change in society’s attitude toward women. The multipart
nature and causes of honour killing make it harder to be addressed; however steps have to be
taken from where it is informally satisfactory. Reforming what the society observes as
‘honour’ is something critically required in this battle against honour killing.

2.7. Honour Killings cases has Influenced by Political System in Pakistan

In “The Dark side of honour: Women victims in Pakistan” RABIA ALI defines the
“Honour “and its importance in Pakistani society. This book also highlights the man-
dominated behaviour of our society.
In Pakistan, when a man ends the life of a lady and claims that he did this in light of
the fact that she was responsible of indecent sexual activity it is called a 'honour killing', not
murder. Basically, the behaviour of a lady is to be controlled and judged by men. If she
disobeys and cross the limits, she disrespects them and is punished for it. The meaning of the
behaviour that may influence a man's or his society's respect is a women’s liberal behaviour
or attitude. Obviously, not all men murder their ladies but since numerous do the act of
honour killings – permitted by government that takes no firm action against it –not only
survives but also has been 'corrupted' to help as a cover for a wide range of murder. Main
across Pakistan, honour killings are occurring both in the tribal interior of the country as well
as in its more ‘modern’ urban centres. However, the State's duty is clear. If Pakistan is to ever
arise up out of its trap of underdevelopment, it should liberate and authorize its ladies as well
as its men. No country can develop when half of its population is limited and restricted to the
hell of oppression, brutality, corruption, ignorance and extreme poverty. For the case,
Pakistani ladies are among the most pitiable on the word.
REINSTATING SELF-RESPECT: A Toolkit for Spiritual Societies to End
Violence against Women”12 compiled by Futures Group give us a detailed list of activities
which can be considered as violence against women. Brutality against ladies is an overall
pandemic of shocking extents. Out of each every three ladies once she will come across some
type of violence in her lifetime. Violence against ladies crosses all social, monetary, social,
spiritual, and political limits. Barbarity against ladies knows no physical limits; it is an issue
in each nation in the world. This viciousness can be physical, mental, or financial in nature,
and might be executed by relatives, reliable individuals of society, and even authorities.
While there is not one particular reason for barbarity against ladies, some basic influences
that spread this cruelty include social differences, absence of awareness and understanding,
poverty, misuse of religion, war and political clashes, shame, and quietness.

To understand the full extent of barbarity against ladies, it is important to consider a

portion of its segment parts. These types of violence are very exceptional, as are the
conditions the conditions that give rise to them. Every one of these performs and all other
type of savagery against ladies is awful and in addition criminal and must be criticize.
Summary of major fierceness against women includes Sexual assault, Rape, Dowry Murder,
Early Marriage, Domestic Violence, Femicide, Female Genital Cutting and Honour Killing.
Honour Killing indicates to the murder of ladies because of their apparent dishonour to the
family's or society's "respect" for things, for example, pre-marriage sex, adultery, unsuitable
behaviour, going out without a male comparative and even rape. Guard to respect is normally
hidden in spiritual language, a unsafe operation of faith to justify an unforgivable practice.
Ladies have been openly stoned to death, burned alive and attacked with acid for such
accused dishonours.

There are two key facts that should be highlighted here. First, wrongdoing in the name
of honour is a difficult issue that influences societies of various backgrounds and beliefs.
Those societies are in a procedure of progress, especially in response to the demands of

12
Futures Group, RESTORING DIGNITY: A Toolkit for Religious Communities to End Violence
Aagainst Women (January 2009), 7-9.
modern life. By approaching education and employment opportunities, and by participating
in social and political change, ladies are step by step changing gender relations.
Subsequently, we cannot assume that individuals in specific society will carry on in certain
ways based on their ethnic origin. Second, the honour-based crimes that provoke our anger
are not a new phenomenon. History shows us that they are the result of a man-controlled
culture common to many civilizations, they are adjusted by social, financial and ideological
factors that join to make either the conditions for such violations to continue, or the
conditions for them to bit by bit vanish. In other words, an honour killing is not a permanent
reality of "other" cultures. Migration itself is a critical source that can incite and propagate
honour killing.
CHAPTER 3

HONOUR KILLING STATISTICS IN SOUTH ASIA

Afghanistan

In the year of 2012, Afghanistan total number of the reported honour killings is
believed to be much higher but recorded 240 cases of honour killings, 7% were victimized by
their brothers, 21% were committed by the victims’ husbands, 4% by their fathers, and the
rest by other family members.
United Nations Assistance Mission in Afghanistan in May 2017 concluded that the
vast majority of cases involving murders of women and honour killings, committers were not
punished. In the January 2016-December 2017, 280 cases was recorded in time span, 50
cases finished in a conviction. UNAMA decided that the vast majority offences could be
committed with impunity.

India

Honour killings have been reported in northern regions of India, mainly in the Indian
states of Punjab, Haryana, Rajasthan, and Uttar Pradesh, as a result of people get married
without their family's acceptance, and sometimes for espousing outside their religion or caste.
In this contrast, honour killings are less prevalent but not completely non-existent in South
India and the western Indian states of Maharashtra and Gujarat.
National Crime Records Bureau data shows in 2015, 251 honour killings were
reported in India, activists consider this number to be under approximation due to the
misrepresenting of killings under general murders. According to the survey done by AIDWA,
over 30 percent of the total honour killings in the country takes place in Western Uttar
Pradesh, in some other parts of India, notably West Bengal, honour killings completely
ceased about a century ago, mainly due to the activism and influence of reformists such as
Ramakrishna, Vidyasagar, Vivekananda, and Raja Ram Mohan Roy.
Haryana has had incidences of honour killings, mainly among Rajputs, Meenas and
Jats. Role of khap panchayats (caste councils of village elders) has been interrogated. Activist
scholars who studied khaps explain that only 2% to 3% honour killings are related to gotra
killings by the khap or caste panchayats, rest are done by the families, "will you ban
families?" they reason. Madhu Kishwar, a feminist and the professor at Centre for the Study
of Developing Societies, explains that, "there are plenty of tyrannical police officials, plenty
of incompetent and corrupt judges in India who pass very retrogressive judgments, but no one
says ban the police and the law courts. By what right do they demand a ban on khaps, simply
because some members have undemocratic views? Educated elite in India don’t know
anything about the vital role played by these age-old institutions of self-governance."

In March 2010, Karnal district court ordered the execution of five committers of an
honour killing and imprisoning for life the khap chief who ordered the killings of Manoj
Banwala and Babli, a man and woman of the same clan who eloped and wedded in June
2007. Despite having been given police safeguard on court orders, they were abducted; their
maimed bodies were found a week later in an irrigation canal. a young couple who were
planning to marry was murdered in 2013, in Garnauthi village, Haryana, due to having a love
affair. The woman, Nidhi, was beaten to death and the man, Dharmender, was dismembered
alive. People in the village and neighbouring villages approved of the killings. According to
data compiled by the Punjab Police, Indian state of Punjab also has a large number of honour
killings amd 34 honour killings were reported in the state between 2008 and 2010: 10 in
2008, 20 in 2009, and four in 2010. Bhagalpur in the eastern Indian state of Bihar has also
been infamous for honour killings. Recent cases include a 16-year-old girl, Imrana, from
Bhojpur who was set on fire inside her house in a case of what the police called 'moral
vigilantism'. The victim had screamed for help for about 20 minutes before neighbours
arrived, only to find her smouldering body. She was admitted to a local hospital, where she
later died from her injuries. In May 2008, Jayvirsingh Bhadodiya shot his daughter Vandana
Bhadodiya and struck her on the head with an axe. Honour killings occur even in Delhi.

In June 2012, Honour killings take place in Rajasthan, too, a man chopped off his 20-
year-old daughter's head with a sword in Rajasthan after learning that she was dating men.
According to police officer, "Omkar Singh told the police that his daughter Manju had
relations with several men. He had asked her to mend her ways several times in the past.
However, she did not pay heed. Out of pure rage, he chopped off her head with the sword".
National Commission for Women in 1990 set up a constitutional body in order to address the
issues of honour killings among some ethnic groups in North India. This body reviewed
constitutional, legal and other provisions as well as challenges women face. The NCW's
involvement has contributed meaningfully towards the decrease of honour killings in rural
areas of North India. According to Pakistani protestors Hina Jilani and Eman M Ahmed,
Indian women are significantly better sheltered against honour killings by Indian law and
government than Pakistani women, and they have suggested that governments of countries
affected by honour killings use Indian law as a model in order to prevent honour killings in
their respective societies.
In June 2010, the Supreme Court of India demanded responses about honour killing
prevention from the federal government and the state governments of Punjab, scrutinizing the
increasing number of honour killings, Uttar Pradesh, Haryana, Bihar, Rajasthan, Jharkhand,
Madhya Pradesh and Himachal Pradesh. Shocked by the rise of honour killings, the
Government planned to bring a bill in the Monsoon Session of Parliament July 2010 to
provide for deterrent punishment for 'honour' killings.
In 2000 Jaswinder Kaur Sidhu (nicknamed Jassi), a Canadian Punjabi who wedded
rickshaw driver Sukhwinder Singh Sidhu (nicknamed Mithu) against her family's wishes, was
brutally killed in India following orders from her mother and uncle in Canada so that "the
family honour was reinstated". Her body was found in an irrigation canal. Mithu was
kidnapped, beaten and left to die, but survived.

Leading Article: Honour killing in Pakistan

In Pakistan honour killings are known locally as karo-kari. Amnesty International

reported "the failure of the authorities to prevent these killings by investigating and punishing
the culprits. "Official data puts the number of women killed in honour killings in 2015 at
nearly 1,100. Recent cases include that of three teenage girls who were buried alive after
rejecting arranged marriages. That another case was of Taslim Khatoon Solangi, of Hajna
Shah Village in Khairpur district, which was widely reported after her father, 57-year-old Gul
Sher Solangi, exposed the case. He alleged his eight-months-pregnant daughter was tortured
and murdered on 7 March on the orders of her father-in-law, who accused her of carrying a
child conceived out of wedlock. Statistically, honour killings have support of high level in
Pakistan rural society, despite widespread criticism from human rights groups.

Over 382 people, 245 women and 137 Men became victims of honour killings in the
Sindh province of Pakistan. Over the course of six years, more than four thousand 4,000
women have died as victims of honour killings in Pakistan from 1999 to 2004. In 2005 the
average annual number of honour killings for the whole nation was stated to be more than
1,000 per year. In 2009 total 1,957 honour crime victims highlighted in Pakistan's
newspapers from 2004 to 2007 of those murdered, 18% were below the age of 18 years, and
88% were married. Husbands, brothers and close relatives were direct culprits of 79% of the
honour crimes reported by majority media. The method used for honour crime comprised
firearms (most common), axe, stabbing and asphyxiation.

The concepts of women as property, and of honour, are so deeply entrenched in the
social, political and economic fabric of Pakistan that the government mostly ignores the
regular incidences of women being murdered and maimed by their families." Repeatedly,
women killed in honour killings are recorded as having committed suicide or died in
accidents. Savitri Goonesekere states that Islamic leaders in Pakistan use religious
explanations for permitting honour killings. On 27 May 2014, a pregnant woman was
drugged to death by her own family in front of a Pakistani high court for marrying with her
will to the man she loved. "I killed my daughter as she became the source of insulted all of
our family by marrying a man without our permission, and I have no guilt over it," the father
apparently told the police investigator. Former Prime Minister Nawaz Sharif defined the
stoning as "totally unacceptable," and ordered the chief minister of Punjab province to
provide an instant report. He demanded to know why police did nothing, despite the killing
taking place outside one of the country's top courts, in the existence of police. Scholars
suggest that the Islamic law doctrine of Qisas and Diyya boosts honour killings, particularly
against females, as well as allows the murderer to go without punishment.

In 2016, Pakistan revoked the loophole which allowed the criminals of honour
killings to avoid punishment by seeking forgiveness for the crime from another family
member, and thus be legally pardoned. In January 2017 a Pakistani mother was penalized to
death for killing her daughter that had married with her own will and against her family's
wishes. The Human Rights Commission of Pakistan lists 460 reported cases of honour
killings in 2017, with 194 males and 376 females as victims. Of these killings, 253 were
sparked by disapproval of illicit relations and 73 by disapproval of marriage choice.
Additionally, out of the known suspect relationship with victims, over 93% were family
relationships.

Although these are most likely only a sample of the actual honour killings that were
completed during 2017, it still gives a glimpse into characteristics of honour killings in
Pakistan. Sources disagree as to the exact number by year, but according to Human Rights
Watch, NGOs/INGOs in the area estimate that around 1000 honour killings are carried out
each year in Pakistan. Although not specific to honour killing, historically, the highest
reported cases for violence against women in Pakistan are in the Punjab province. In 2011,
human rights groups reported 720 honour killings in Pakistan (605 women and 115 men),
while Pakistan's Human Rights Commission reported that in 2010 there were 791 honour
killings in the country, and Amnesty International cited 960 incidents of women alone who
were slain in honour killings that year. Over 4,000 honour killing cases were reported in
Pakistan between 1998 and 2004. Of the victims, almost 2,700 were women and just over
1,300 were men; and 3,451 cases came before the courts. During this time, the highest rates
were in Punjab, followed by the Sindh province. Lesser number of cases have also been
reported in North-West Frontier Province (NWFP) and in Balochistan. Nilofar Bakhtiar,
advisor to Prime Minister Shaukat Aziz, stated that in 2003, as many as 1,261 women were
murdered in honour killings.

For example, in 2014, 7,548 of the 10,070 total cases of violence against women in
2014 were located in Punjab, in 2015 nearly 1,100 of women were murdered in honour
killing in Pakistan by relatives who believed they had dishonoured their families, the
country's independent Human Rights Commission says. In its annual report the commission
said 900 more women suffered sexual violence and nearly 800 took, or tried to take, their
own lives. In 2014 about 1,000 women died in honour-related attacks and 869 in
2013.Correspondents say a large number of such crimes go unreported in Pakistan. Former
Prime Minister Nawaz Sharif has said there is no place in Islam for killing in the name of
family honour. "The predominant causes of these killings in 2015 were domestic disputes,
alleged illicit relations and exercising the right of choice in marriage," the report said. Most
of the 1,096 victims were shot, the report said, but attacks with acid were also
common.Image copyright AFP Image caption The 2014 killing of Farzana Parveen by her
relatives in Punjab caused protests Among the cases highlighted in the report are a man who
shot dead his two sisters in Sargodha, Punjab, because he believed they had "bad character"
and three teenage girls killed by their male cousin for "dishonouring" their family in
Pakpattan, Punjab.

In the first six months of 2018, it has been reported that over 175 men and women
have been killed in various disputes across Faisalabad district. Moreover, most cases were
that of murder in the name of ‘honour’, a local media house reported. Moreover, according to
statistics from 41 police stations in Faisalabad, the report stated that victims were murdered
over land and family disputes, communal enmity and everyday brawls. The dead included 66
women and 111 men. At least 13 women and 12 men were killed in January, 11 women and
15 men in February, eight women and 20 men in March, 11 women and 19 men in April, 17
women and 24 men in May, and six women and 21 men in June. Most of the women were
reportedly killed in the name of ‘honour’ by their brothers, fathers or husbands. In recent
years, honour killing cases have surged to an alarming level in Punjab, especially Faisalabad.

The report said that 88 men were also the victims of honour killings last year. In
February, Punjab, the country's largest province, passed a landmark law criminalising all
forms of violence against women. However, more than 30 religious groups, including all the
mainstream Islamic political parties, have threatened to launch protests if the law is not
repealed. Religious groups have equated women's rights campaigns with promotion of
obscenity. They say the new Punjab law will increase the divorce rate and destroy the
country's traditional family system. Among the most infamous cases of honour killing in
Pakistan was the stoning to death of Farzana Parveen in 2014 outside the High Court in
Lahore. She had married against her family's wishes. Her father, brother, cousin and former
fiance were all found guilty of murder. Another brother received a 10-year jail sentence. The
issue of honour killings in Pakistan inspired a documentary film, A Girl in the River –

The Price of Forgiveness, which won its inventor, Sharmeen Obaid Chinoy, an Oscar
winning lady at this year's Academy awards. In her recognition speech, she said it was after
seeing the film that Prime Minister Nawaz Sharif had vowed to change the law on honour
killings.
 According to the Punjab Police on Honour Killing Reported Cases (2011-2018)

Districts 2011 2012 2013 2014 2015 2016 2017 2018

Gujranwala 11 9 7 7 9 8 5 15
Hafizabad 3 4 5 3 3 1 2 9
Gujrat 5 2 8 8 3 4 9 5
M.B.Din 14 9 12 14 4 7 3 8
Sialkot 4 7 8 4 3 5 0 2
Narowal 2 1 1 2 2 0 0 0
Region Total 39 32 41 38 24 25 19 39

Rawalpindi 2 2 4 3 4 7 3 4
Attock 1 0 1 1 2 3 5 5
Jhelum 2 1 2 1 1 0 0 2
Chakwal 2 5 2 3 1 2 4 6
Region Total 7 8 9 8 8 12 12 17

Faisalabad 43 37 38 40 44 31 19 22
Jhang 12 14 19 16 19 14 11 11
T.T. Singh 2 4 3 2 2 0 0 2
Chiniot 14 16 32 18 11 16 7 8
Region Total 71 71 92 76 76 61 37 43

Sargodha 27 26 27 19 19 18 16 10
Khushab 5 7 6 7 5 8 6 6
Mianwali 11 14 20 12 11 5 8 14
Bhakkar 4 6 4 5 7 5 0 0
Region Total 47 53 57 43 42 36 30 30

Sahiwal 23 15 14 14 7 11 9 8
Pakpattan 13 11 11 6 7 11 1 4
Okara 14 11 8 7 4 8 2 2
Region Total 50 37 33 27 18 30 12 14

Multan 14 12 15 11 11 0 1 2
Lodhran 11 7 8 24 7 6 0 4
Khanewal 11 11 14 12 12 13 7 7
Vehari 7 11 8 7 9 2 0 7
Region Total 43 41 45 54 39 21 8 20
Bahawalpur 11 7 8 12 7 5 4 5
Bahawalnagar 5 4 4 5 3 8 4 9
R.Y.Khan 14 20 26 14 9 12 13 12
Region Total 30 31 38 31 19 25 21 26
Punjab Total 364 366 388 404 328 248 181 244

The occurrence of honour killing continues in Pakistan, the practice has been and
seems to be still considered non-criminal leading to the increase in the statistics of honour
killing even in this modern era. Dispensation of justice remained protracted, with 2,700 cases
pending before the Supreme Court and 60,000 each in the Lahore and Sindh High Court,
9,000 cases in Balochistan High Court and 28,487 in Peshawar High Court. The year 2015
saw 324 people, most with no links to terrorism, being put to death. Another 8,000 prisoners
stayed on death row. In law and order, 4,612 people died through violence, a 40% decrease,
as compared to 7,622 violence-related deaths last year. Anti- state violence dropped below
2,008 levels: 706 militant attacks took place, in which 1,325 people, including 619 civilians,
348 security forces personnel, 325 militants and 33 pro-government razakars were killed.

However, historically speaking 70% of honour killing cases are reportedly found in
Punjab. The data will give you a clear idea about how the honour killings have maintained a
higher scale in the past few years. On one hand, the woman of Pakistan is making a
remarkable reputation in different fields and on the other thousands they are killed each year
for conducting perceived shameful acts. The Human Rights Watch states that approximately
one thousand honour killings prevail each year.

However, many women’s groups in the Middle East and South Asia and researchers
suspect these figures and believe that the victims are at least four times this (Fisk, 2010). The
homicide of the women and girls in the name of so called honour by their male family
members or community is no longer limited to any national borders. The United Nations
Population Fund (UNPF) estimates that at least 5000 women and girls worldwide are
murdered each year in the name of so called honour (United Nations Fund, 2000).
 A survey placed that Pakistan at number three in the world’s most dangerous
countries for women (Thomson Reuters Foundation Trust, 2011). 1000 women and girls are
victims of HMs every year in Pakistan (The Human Rights Commission of Pakistan HRCP
(2012). Pakistan is at number three on the world’s most unsafe nations for ladies. In South
Asia area, Pakistan is famous for brutality against ladies and respect murders (HMs).

As many as 65 prisoners died in the country’s prisons in 2015. 419 persons were
awarded death penalty in the year while 327 death convicts were hanged, making Pakistan
one of the highest executing states in the world. 1,390 cases of enforced disappearances
remained pending with the commission of inquiry. HRCP data suggested that as least 151
cases of disappearances were reported in Balochistan between January and November 2015.

HRCP noted killing of 2,108 men and seven women in police encounters across the
country. There were 18 suicide attacks in Pakistan, 31% less in comparison to last year.
Punjab reported 382,932 cases of crime in 2015, 6,622 less than those in 2014. Sindh saw a
42pc reduction in the number of murders in 2015 as compared to 2014. Khyber Pakhtunkhwa
and Balochistan witnessed 10 and one percent surge, respectively, in total crime in 2015 as
compared to 2014. Around 41 terrorist attacks in 2015 (56 were in 2014) targeted political
leaders and workers in 25 districts of the country, which claimed lives of 57 people and
injured 75 others. Five doctors and three lawyers were killed because of their faith. The
report says 58 incidents of sectarian violence occurred all over Pakistan. All were sectarian
related terrorist attacks; no sectarian clash was reported. Hundreds of people lost their lives
and many more were injured in faith-based attacks against religious and sectarian minorities
while 22 individuals were booked on the charges of blasphemy. These included 15 Muslims,
four Christians and three Ahmadis. Several thousand citizens from religious minority
communities were reported to have left the country over the last few years on account of
faith-based violence, discrimination and persecution. Killing of four journalists and a media
worker with impunity and assaults on many more made Pakistan live with the dubious status
of being a dangerous place for journalists. Pemra’s new code of conduct allowed auditing of
live content of television channels and restrictions on live broadcasts. Introduction of
Prevention of Electronic Crimes Bill in January, if passed, poses serious threats to freedom of
expression in cyberspace. The federal government and the provincial governments of Sindh
and Balochistan have yet to democratise their outdated freedom of information laws under
Article-19-A.

Gender justice in access to education, health, economic opportunities and political

empowerment continued to elude women in 2015. A range of legislative changes took place
at the provincial level to strengthen rights of women. HRCP documented at least 15 attacks
against journalists and human rights defenders in 2015. HRCP’s monitor for South
Waziristan Agency, Muhammad Zaman Mehsud, was among those murdered. Agricultural,
domestic and home-based workers, self-employed and a vast formal labour force could not
form or join a union. Ban on student unions remained in place. Local government elections,
which were inordinately delayed, finally took place in 2015 and witnessed large turnouts.
During 2015, as monitored by HRCP, 939 women became victims of sexual violence, 279 of
domestic violence. 143 women were attacked with acid or were set on fire and 833
kidnapped. Despite the volume of cases, the rate of prosecution remained fairly low. 777
women committed or tried to commit suicide.
CHAPTER.4

LAWS REGARDING HONOUR KILLINGS

Tribal notions of justice often include violence on client's behalf. In some rural parts
of Pakistan, the male-dominated Jirga, or tribal council, decides affairs and its executive
decisions take primacy over state legislation. A Jirga arbitrates based on tribal consensus and
tribal values among clients. For example, in December 2017, a local jirga in Karachi,
Pakistan, condemned Ghani Reham and Bakhtaja to death by electrocution. The teenage
couple, 18-years-old and 15-years-old, had eloped. The killing was sanctioned by the jirga
and then carried out by the couple's fathers and uncles.

Honour killings are supposed to be prosecuted as ordinary murder, but in practice,

police and prosecutors often ignore it. The Pakistani government's failure to take effective
measures to end the practice of honour killings is indicative of a weakening of political
institutions, corruption, and economic decline. In the wake of civil crisis, people turn to other
alternative models, such as traditional tribal customs. Amnesty International report noted "the
failure of the authorities to prevent these killings by investigating and punishing the
perpetrators. In 2016, Pakistan repealed the loophole which allowed the perpetrators of
honour killings to avoid punishment by seeking forgiveness for the crime from another
family member, and thus be legally pardoned.

In 2016, Pakistan repealed the loophole which allowed the perpetrators of honour
killings to avoid punishment by seeking forgiveness for the crime from another family
member, and thus be legally pardoned. On 27 May 2014, a pregnant woman was stoned to
death by her own family in front of a Pakistani high court for marrying the man she loved. "I
killed my daughter as she had insulted all of our family by marrying a man without our
consent, and I have no regret over it," the father reportedly told the police investigator.
Former Prime Minister Nawaz Sharif described the stoning as "totally unacceptable," and
ordered the chief minister of Punjab province to provide an immediate report. He demanded
to know why police did nothing, despite the killing taking place outside one of the country's
top courts, in the presence of police. Scholars suggest that the Islamic law doctrine
of Qisas and Diyya encourages honour killings, particularly against females, as well as allows
the murderer to go unpunished.
 The law on honour killings has been reformed several times throughout the years.
Notable legislation reforms to protect women in Pakistan from violence include. In January
2017 a Pakistani mother was sentenced to death for killing her daughter that had married
against her family's wishes.

 The Protection of Women (Criminal Laws Amendment) Act of 2006, the bill was
eventually passed in 2006 as the Protection of Women (Criminal Laws Amendment)
Act of 2006 also known as The Women's Protection Bill. However, doubts of its
effectiveness remained. the Pakistani parliament rejected a bill which sought to
strengthen the law against the practice of honour killing declaring it to be un-Islamic.
The bill created a punishment of imprisonment for life and a fine if a woman is
abducted or induced to marry a person without her personal consent and will. The bill
also expanded the definition of rape to include sexual intercourse without a woman's
consent, against her will, a punishment for the false accusation of fornication, and
expanding zina to be prosecutable if accused by four male eye-witnesses. Even with
these added protections against crimes that commonly lead to honour killing, honour
killing itself was not addressed in this bill. Doubts of the effectiveness of this bill have
remained.

 Criminal Law (Third Amendment) Act of 2011 created a punishment for giving or
compelling a woman to marry for any reason including the purpose of preventing
criminal liability (for example, in the case of rape) or settling a civil dispute.

 The Punjab Protection of Women against Violence Act of 2016 was passed to amend
Pakistani law to further protect women. The goal of this act is "to establish an
effective system of protection, relief and rehabilitation of women against violence."
Through this act, the Provincial Assembly of Punjab commits to allow a person to
receive protection if in danger or treated unfairly, create a safe-house and rescue and
recovery system, protect individuals through protection orders, order property and
monetary recompense to the victim, and established the power to enter homes to
respond to a potential threat and safely remove the victim to a safe location, if
requested by the victim. In addition, this act requires that a District Women Protection
 Committee be created to advocate for victims and ensure these laws are being
followed.

 The Criminal Law (Amendment) (Offences in the name or pretext of Honour) Act of
2016 repealed the loophole which allowed the perpetrators of honour killings to avoid
punishment by seeking forgiveness for the crime from another family member, and
thus be legally pardoned. In addition to closing the loophole mentioned above, the act
established a punishment of 14 years imprisonment to life in prison for crimes
committed "on the pretext of honour." Even with the major improvements by this act,
honour killing has continued in Pakistan.

There is an urgent need to strengthen the existing laws against honour killings, and to
make them really strong so that the perpetrators of such a heinous crime are awarded
punishments befitting to the gravity of the crime they had committed.

4.1. The Rights of women under the Constitution Islamic republic of Pakistan, 1973.

In the Preamble of Constitution of Pakistan 1973, the principles of democracy,

freedom, equality, tolerance and social justice is mentioned. Article 8 to Article 28 of the
Constitution of Pakistan 1973, describe the Fundamental Rights which are to be available to
all citizens, women, men as well as individuals currently in Pakistan to enjoy the protection
of law and be treated in accordance with law, wherever they may be. It also guarantees the
protection of life, liberty, body, reputation & property of an individual. As per article 8 of the
constitution of Pakistan 1973, fundamental rights are supreme and any law or custom or
usage having force of law inconsistent with fundamental rights shall be void, article 9,10,12
and 13 give the right to life and liberty, articles 15,16,17,18 and 19 gives the basic freedoms
of citizens as free to move, live right to assemble peacefully, to join an association / union,
freedom of speech and expression, freedom of the Press and freedom of trade, business or
profession of his / her choice, articles 20,21and 22 gives religious freedom to every citizen as
per their sects, article 25 guarantees of equality and nondiscrimination on the basis of sex or
other things. However, the freedoms guaranteed can be curtailed or taken away by the
government on the grounds of the sovereignty or integrity of Pakistan, and the violations of
human rights can be challenged in the Superior Courts. The executive is bound to implement
these rights while the judiciary can/should take notice of any violations and provide redress
on individual complaint or take notice of its own (called ‘Suo-Moto’ Notice) of any gross
violations of a collective right.

Sindh in 2000, married a sixty year old man in lieu of an unpaid debt by her family. In
2002 a jirga was held in Meerwala, and announced the judgment of gang rape on a woman
whose 14 year old brother was accused of having molested the woman of an upper caste
family. In the year 2004 some amendments were made in Pakistan penal code, 1860 to
overcome the honour killings. In June 2001, in a jirga held in Thatta district of Sindh has
given the decision that two young girls from the murderer's family would be given to the
victim's family: the eleven year old daughter of one accused was married to the forty six year
old, father of the murdered man, and the six year old daughter of the other accused was
married to the murdered victim's 8 year old brother. In August 2003, one six-year-old Asma
from Sukkur,

4.2. Pakistan Penal Code, 1860, Amendments in the Year 2004

Criminal Law (Amendment) Act 2004 was passed on December 8, 2004, and as per
this amendment if any offence committed in the name or on the pretext of honour, means an
offence committed in the name of karo kari, siyah kari or similar customs and prescribes
punishments (Pakistan Penal Code 1860, Sections. 299(ii), Section 302 of Pakistan Penal
Code also amended as 302(c) and the punishment enhanced and extend to twenty-five years,
if the offence of Qatl-i-Amd is committed in the name or on the pretext of honour and the
same shall fall within the ambit of clause (a) or clause (b) of section 302, as the case may be.
Section 310 of PPC also amended and as per section 310-A, a female shall not be given in
marriage or otherwise in Badal-i-Sulh. “Whoever gives a female in marriage or otherwise in
badal-i-sulh is punished with rigorous imprisonment which may be extending to ten years but
shall not be less than three years”. Even amendment of Pakistan Penal Code, 1860, 2004
could not stop the violation of the human rights and these customs / honour killings.

The implementation of the legislation is hindered by the fact that the murderers are
given protection and impunity from within the community according to the amendment of
PPC 1860, 2004, to bargain with the victim's family, and the State has no further writ on the
matter. The enforcement of this amendment, is inadequate and could not stopped the practice
of these killings, instead of, this particular legislation providing actual protection to survivors
and allowing killers to buy their freedom by paying compensation to the victim’s relatives as
in most cases it is the victim’s immediate relatives who are the killers, as they are either the
husbands, fathers or the brothers so inherently the new law is just eyewash. It is estimated
that 80 percent of perpetrators are not punished. Police largely treat honour killings as private
and family affairs. Police have been complicit with perpetrators of honour crimes to avoid
filing cases or destroy evidence in the name of the honour of the family.
It revealed that honour killing is widespread in all four provinces of Pakistan where
the concept of woman as an object or commodity is deeply rooted in tribal cultures. The loose
term Karo Kari applies to killing of both males and females. On an average, every day at least
three women including victims of rape are reported killed in the name of so-called family
honour. According to the Human Rights Commission of Pakistan (HRCP) hundreds of
women were killed in so-called honour killings in the country last year. Once declared kari, a
woman, who survives attempts on her life, constant threats and targeted violence. Many
women are hunted down as Kari months, even years after they supposedly shamed their
family. A whopping total of more than 2,500 persons were reported slain under the label of
honour killing between the years 1999 to 2008, majority of them in strident, patriarchs
dominated southern Sindh, Balochistan, tribal areas and southern Punjab. In the year of 2009,
604, in 2010, 791 in 2011 almost 1000, in 2012, 1156 and in 2013 almost 1195 women were
murdered in the name of honour. The age bracket of the female victim was from 15-64 years.
In almost all cases of honour killings, the perpetrator is a close family members, the murders
can be easily disguised and reported as suicides or accidents. The actual number of honour
killing cases is believed to be much higher than reported. And as per annual report of the
HRCP 913 girls and women, including 99 minors, were killed in the year 2012, 604 women
were killed after being accused of having illicit relations with men, around 191 were reported
slain for marrying their own choice of husbands and going against their families’ wishes.

At this stage I would like to discuss and describe the Nikah and essentials of a valid
Nikah. Nikah is a civil contract, which is made by parties for the sole purpose and object of
benefiting them according to Shariat it is a method to legalize the cohabitation of a man and a
woman and issues out of this union are legitimate. Under Islamic law, contract of marriage,
need not to be proved through a written document. Hazrat Muhammad (P.B.U.H) says:
If a person is in a position to maintain his wife and pay the amount of dower, he must
get himself married.
These are the essentials of the valid marriage. Offer (Ijab), Acceptance (Qubul), and
offer/ijab and acceptance/qubul must be in the same meeting and with free consent and no
person can be compelled by guardian to marry. Every Muslim of sound mind, who has
attained puberty, may enter into a contract of marriage with their own free will and consent is
called a valid marriage, a marriage of a Muslim who is of sound mind and has attained
puberty, but if the same is conducted without his or her consent is void marriage.
Muhammedan marriage is purely contractual; it is considered a religious duty and is an act of
Ibadat which is called Sunnat-Muwa-Kkidah.

According to Islam, there is no vicarious liability and every soul must bear the burden
of his/her own actions. In the shape of Swara or Vani whether this act is done with the
consent of both the parties or it is done with the consent of the female herself, as in this way
the criminal himself goes free and instead an innocent girl/girls pays the price. 'Nikah' is a
social contract and consent based on free will and the same is mandatory. Moreover, if a girl
herself is not willing to marry someone, then the Nikah or marriage will be considered void.
The parties contracting marriage should be major and there must be some consideration in
marriage which is dower. Nikah should be solemnized in presence of two witnesses and both
should be adult and sane.

Under swara, the personal liberty of a woman is restricted for the rest of her life
against all norms of justice therefore contravening Article 9 of the Constitution of Pakistan
1973, which guarantees the freedom of liberty. It also offends Article 4 of the Constitution
that guarantees every citizen the inalienable right to enjoy the protection of the law and to be
treated in accordance with law. The key component of any marriage is consent and free will
of the spouses. However, in such marriages, the marriage is forced upon the woman, making
it completely unacceptable. In essence, the 'Swara' arrangement amounts to women forced to
marry. It is also clear violation of section 5 of the Child Marriage Restraint Act, 1929 which
provides that if a minor girl is given in marriage by her father or guardian before she turns 16
years of age, she shall be entitled to obtain a decree for the dissolution of marriage before
attaining the age of 18 years, provided that the marriage is not consummated. However,
Jirgas and the practice of settling disputes by gifting girls as compensation was recently
confronted by the Honourable Supreme Court of Pakistan, when in Kashmore, Sindh a jirga
had decided to give five minor girls in marriage to the opponent side. The girls were to pay
the price for the crime committed by their father and uncle. One could see real judicial
activism in practice while the honourable judges put their time, hearts and minds into the case
of sang chatti. The five minor girls who were never consulted by the jirga while their fate was
being decided sat silently in the Chamber of the honourable Chief Justice reaching out for
justice: justice that they could not seek back home. By freezing the jirga verdict, the apex
court has sent a clear message to tribal chiefs that customs like vani, swara and karokari are
being committed against the women, should not be allowed to exist. The judicial activism in
the case of swara and vanni has in the true sense been a catalyst for social change because it
has been generated by passion, ideological opposition and a struggle against opposing
viewpoints.
The parliament made 20 laws. The president promulgated 12 ordinances. The provincial
legislatures adopted 120 laws. With 40 laws enacted, Khyber Pakhtunkhwa had the highest
legislative output, followed by Sindh (32), Punjab (31) and Balochistan (17). The Punjab
Assembly passed a new bill against honour killing in order to provide legal protection to
women. Under the new law, the killer would only be pardoned by the family if he is
sentenced to capital punishment. However, the culprit would still face a mandatory life
sentence of 12-and-a-half years. The 21st constitutional and corresponding amendments to
the Army Act, 1952, empowered military courts to try all persons, including civilians and
juveniles, in the offences related to terrorism.

The provinces continued to use expanded legislative authority under the 18th
Constitutional Amendment to enact several important laws, but implementation mechanism
lagged behind. Important legislation included Sindh Commission on the Status of Women
Act, Balochistan Prevention and Control of Thalassemia Act, Khyber Pakhtunkhwa Bonded
Labour System (Abolition) Act and Khyber Pakhtunkhwa Prohibition of Employment of
Children Act. Any law or custom or usage having force of law inconsistent with fundamental
rights shall be void. It is also violation of Article 9 of the Constitution: which gives the Right
to Life and Liberty: no person can be deprived of life or liberty. It is also a clear cut violation
of Articles 25 of the Constitution of Pakistan, 1973: which gives the Guarantee of Equality of
citizens, as per Article 25: all citizens are equal before law and are entitled to equal protection
of law and there shall be no discrimination on the basis of sex alone.

In the light of above discussions and research Honour Killing, Karo Kari, Vani and
Sawara customs are not only against the humanity but it is also clear cut violation of
Human/Woman Rights and Fundamental Rights which are guaranteed in the Constitution of
Pakistan, 1973. As per Article 4 of the Constitution of Pakistan 1973, to enjoy the protection
of law and to be treated in accordance with law is the inalienable right of every citizen,
wherever he may be, and of every person for the time being within Pakistan. It is a violation
of Article 8 of the Constitution of Pakistan, Fundamental Rights are Supreme:

4.3. The Law of International

International human rights law recognises “honour crimes” as a form violence against
women, therefore it is a direct violation women’s right to life and security; freedom from
torture and cruel, inhuman, and degrading treatment; and the right to equality before the law
and equal protection of the law.

Honor crimes” also violate rights guaranteed to women by the UN Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW), such as the right to
freely choose one’s spouse and the right to equality in marriage. The Convention also
requires States to disqualify “honor” as a legal defense for acts of violence against women.
The UN Declaration on the Elimination of Violence Against Women echoes these obligations
and states that, “States should condemn violence against women and should not invoke any
custom, tradition or religious consideration to avoid their obligations with respect to its
elimination” (Article 4)

CEDAW’s General Recommendation Number 19 defines gender-based violence as a

form of discrimination against women and makes explicit reference to “honor crimes.”
CEDAW obligates States to protect women from gender-based violence, including violence
committed by family members and to prevent, investigate, and punish acts of violence against
women.
CHAPTER 5

CASE LAWS STUDY

Citation No.1.

National Commission on Status Of Women

Versus
Government of Pakistan through Secretary Law and Justice
JUDGMENTMIAN SAQIB NISAR, CJ
CONSTITUTION PETITION NO.24 OF 2012:-

life, liberty and justice and equal protection of the law and the right to be treated in
accordance with the law thereby constituting a violation of Articles 4, 8, 9, 10-A, 14, 25, 34
and 37 of the Constitution;
Adverting to international law on the subject, it is pertinent to note that Pakistan is a
signatory to the Universal Declaration of Human Rights (UDHR) since 1948,

Articles 7 and 8 whereof are relevant which provide as under:-“7.All are equal
before the law and are entitled without any discrimination to equal protection of the
law. All are entitled to equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.8.Everyone has the
right to an effective remedy by the competent national tribunals for acts violating the
fundamental rights granted to him by the constitution or by law.”

Const. P. No.24/2012 etc.-6 -In 2008, Pakistan became signatory to the International
Covenant on Civil and Political Rights (ICCPR),

Articles 2 and 26 whereof provide for equal protection for all under the law and are
reproduced below for ease of reference:-“Article 2of the ICCPR:1.Each State Party
to the present Covenant undertakes to respect and to ensure to all individuals within
its territory and subject to its jurisdiction the rights recognized in the present
Covenant, without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other
status.2.Where not already provided for by existing legislative or other measures,
each State Party to the present Covenant undertakes to take the necessary steps, in
accordance with its constitutional processes and with the provisions of the present
Covenant, to adopt such laws or other measures as may be necessary to give effect to
the rights recognized in the present Covenant.3.Each State Party to the present
Covenant undertakes:(a)To ensure that any person whose rights or freedoms as
herein recognized are violated shall have an effective remedy, notwithstanding that
the violation has been committed by persons acting in an official capacity;(b)To
ensure that any person claiming such a remedy shall have his right thereto
determined by competent judicial, administrative or legislative authorities, or by any
other competent authority provided for by the legal system of the State, and to develop
the possibilities of judicial remedy;(c)To ensure that the competent authorities shall
enforce such remedies when granted. Article 26of the ICCPR: All persons are equal
 before the law and are entitled without any discrimination to the equal protection of
the law. In this respect, the law shall prohibit any discrimination and guarantee

Const. P. No.24/2012 etc.-7 -to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.

“Article 15 of CEDAW: 1. States Parties shall accord to women

equality with men before the law. 2. States Parties shall accord to women, in
civil matters, a legal capacity identical to that of men and the same
opportunities to exercise that capacity. In particular, they shall give women
equal rights to conclude contracts and to administer property and shall treat
them equally in all stages of procedure in courts and tribunals.

Adverting to the Constitution, Articles4, 8, 10-A, 25 and 175 thereof are pertinent which read
as follows:-“
Article 4:Right of individuals to be dealt with in accordance with law,
etc.-(1)To enjoy the protection of law and to be treated in accordance with law
is the inalienable right of every citizen, wherever he may be, and of every
other person for the time being within Pakistan.
(2)In particular :-(a)no action detrimental to the life, liberty, body, reputation
or property of any person shall be taken except in accordance with law;
(b) no person shall be prevented from or be hindered in doing that which is
not prohibited by law; and
(c) no person shall be compelled to do that which the law does not require him
to do.”
Article 8.Laws inconsistent with or in derogation of fundamental rights
to be void.
(1)Any law, or any custom or usage having the force of law, in so far as it is
inconsistent with the rights conferred by this Chapter, shall, to the extent of
such inconsistency, be void.”
Article 10A.Right to fair trial: For the determination of his civil rights
and obligations or in any criminal charge against him a person shall be
entitled to a fair trial and due process.”
Article 25.Equality of citizens.(1)All citizens are equal before law and
are entitled to equal protection of law.
(2)There shall be no discrimination on the basis of sex.
(3)Nothing in this Article shall prevent the State from making any special
provision for the protection of women and children.
175.Establishment and Jurisdiction of Courts.(1)There shall be a Supreme
Court of Pakistan, a High Court for each Province and a High Court for the
Islamabad Capital Territory and such other courts as may be established by
law.
Citation No.2

ASHIQ HUSSAIN ---Petitioner

Versus
ABDUL HAMEED and another---Respondents

“Notwithstanding the Qur'anic message and the sayings of Holy Prophet (p.b.u.h.) this
is a matter of dismay that some of the Pre-Islamic prejudices still persist in one form or the
other. The murders in the name of honour is one manifestation of this prejudice which has
taken the lives of many innocent souls. In Pakistan according to the report of the Human
Rights Commission over 1,000 women were killed is the year 1999 and 888 women in the
Province of the Punjab alone in the year 1988. In Sindh Province the number of such murders
from 65 in 1980 to 141 in 1999 and 121 in the year of 2000 (Report of the Crimes Branch,
Sindh). In a recent Editorial, the English Daily Dawn (3rd of October. 2001) has lamented
upon the bane of honour killing and has highlighted the need for suitable legislation. It makes
a painful but relevant study, and therefore, is being quoted as under:--

"Karo,Kari Killings" "Judging by the frequency with which cases of Karo Kari
continue to happen in Sindh, it seems that the Government is not serious about curbing this
most heinous and reprehensible crimes. According to figures compiled by a non-
governmental organization, at least 129 people were reported killed iii the name of so-called
honour killing in the first six months of this year----no significant change from the figure for
previous years, In at least three cases, children as young as three were the victims. During
this time we have had a string of Government functionaries, from Ministers and Judges to
senior police and law enforcement officials, saying publicly that legislation against 'honour'
killing needed to be toughened up. In fact, it was around 18 months ago that President Pervez
Musharraf himself had told a human rights conference that honour killing was no different
from pre-meditated murder and should be treated as such. Following his remarks, one would
have expected certain changes in the law. Unfortunately, none came. This is not to say that
legislation alone will eliminate Karo Kari. Society too has to play its part. Certain social
attitudes, especially those that relate to the role and place of women in a community, prevail
in large parts of society. This means that police officials, especially those from rural
backgrounds, or even members of the judiciary, might think that those who commit such
murders do no wrong because such actions are allowed by certain tribal or other customs
and traditions. Having said this, it would be a significant step forward if at least the
Government makes up its mind and introduces legislation that makes Karo Kari pre
meditated murder. As for social attitudes changing, this is where the enlightened sections of
society have to play a more active role." 14. No Court can and no civilized human being can
sanctify murders in the name of tradition; family honour or religion. Both the deceased were
teens and passing through their passionate period of adolescene. Little did the appellant
realize that he too passed through such a period and that the murders that he committed had
neither the sanction of law nor religion”13

13
2002 P Cr. L J 859 [Lahore]
Before Raja Muhammad Sabir and Tassaduq Hussain Jillani, JJ
A Case Study of Honour Killing in Pakistan: Qandeel Baloch

‟ Ms. Fauzia Azeem popularly known as Qandeel Baloch was a 26-year-old, model,
social media sensation and self-proclaimed feminist who belonged to the village Shah
Saddardin in Dera Ghazi Khan District of South Punjab (about 130 km away from Multan).
Media reports revealed that she had an unsuccessful marriage and a child too. She was
popular for posting her blunt and bold pictures, videos and statements on her social media
accounts. Such style not only bought her extra-ordinary media attention but over 700,000 fan
following. On July 16, 2016, she was at her Multan residence to visit her ill father and
celebrate the festival of Eid-ul Fitr with parents, when allegedly; her younger brother
strangled her to death. The incident which created real hype before her death was her blunt
selfies and consequent scandal with a cleric Mufti Abdul Qavi. Coincidently, the cleric also is
longs to Qandeel‟s native town. This led to a series of media interviews and talk shows
which invited either her or the Mufti and sometimes both of them together to discuss the
selfie scandal and describe their case for public information. Against the backdrop of
aforementioned events, almost three weeks before her death, images of Qandeel‟s passport,
National Identity Card and other information got viral on social media. Consequently, she
held a press conference and told the media that she had been receiving life threatening phone
calls. She stated that she had written the Federal Investigation Agency (FIA) and the Interior
Ministry officials to provide her security. However, later it was proved that she rightly
mentioned that no helpful response was provided by then. In the meanwhile, when she was
„enjoying‟ peak of media attention her ex-husband also came forward and got fame by
„exposing‟ her past and expressing his disapproval of her Although Qandeel had already
hinted to move abroad, perhaps, for possible role in the “Big Boss 10”

It was after those life threats that she reiterated her intentions. After her murder, her
parents accused in a media interview conducted by the 24NEWSHD that it was the situation
which arose after her involvement with the Mufti Qavi which paved her way fast towards her
unnatural death track. Reportedly, her brother went to meet her at night and strangled her to
death. During the initial stage of investigation, the murderer accepted charges and said he did
the murder in name of his family‟s honour. The murderer was presented by the Police in live
press conference and media personnel were allowed to cross-question him. Few days after
initial investigation, the murderer named some of his male cousins as his accomplices.
VIOLENCE AGAINST WOMEN REPORTED CASES

Most cases like this, however, receive scant attention by the public and the police, as
they often happen in small villages or behind closed doors. In February, for example, Ayat
Bibi was bludgeoned to death in a north Balochistan village on the orders of a local cleric
after being accused by a male relative of having relations with a man named Daraz Khan,
who was also killed. Ayat and Daraz’s final resting places are both unmarked graves. Those
responsible for the killings have not been brought to justice. Honour crimes fester in the
dark privacy of the home. It is time to expose these abuses to the light of public scrutiny and
the law. A number of states have outlawed honour killings and other forms of gender-based
violence. But those laws require effective implementation, police and other law enforcement
professionals must be trained on gender-based violence. And victims must be confident in the
ability of the police and other authorities to assist them.

Recently, a 21-year old woman in Punjab was found raped and strangled to death by
the man she had trusted to save her from an “honour” killing by her family.
In early June, Saba Maqsood miraculously survived being shot by her relatives and dumped
into a canal in Hafizabad town in Pakistan’s Punjab province for trying to marry the man of
her choosing against family wishes. What made Iqbal’s death unique was the fact that the
perpetrators chose to kill her so brazenly, outside one of the most respected state institutions:
the Lahore High Court, in the second largest city in Pakistan and arguably its cultural capital.
By all accounts, instead of protecting Iqbal and saving her life, the police stood by and
watched the crime unfold.

Farzana Iqbal’s killing, and the publicity that followed, shamed Pakistan’s prime
minister and the Chief Justice of the Supreme Court into demanding investigations into the
incident. Most of the key culprits were soon in jail, and the murder trial is expected to begin
shortly. Some politicians and religious leaders have condemned the killing, a welcome move
in a country where all too often violence against women is ignored or even justified based on
religious or cultural values. But what would have been the response if this crime had not been
perpetrated in such a public and symbolic space and drawn global attention? As the spotlight
fades away from this case, and Iqbal’s battered body settles in the ground like hundreds of
others, are the authorities likely to lose interest in ensuring her killers are brought to justice
and that the police are held to account for their failure to protect her? Addressing these issues,
whether in Pakistan, or anywhere else in the world, is challenging because the causes are
complex. But like so many other social problems, positive change must start at home. Too
often, the home is where the use of violence becomes normalized. It is where the citizen gets
conditioned to believe that violence is an acceptable, particularly to excuse violence that is
carried out to protect perceived social standing, national honour, or religious sentiments.
The education system is also a key battleground, because it is one of the rare public spaces
where young minds can be empowered to challenge gender stereotypes and made aware that
violence in the home is unacceptable. Public figures, and especially men, must openly speak
out: not only to condemn honour killings, but to acknowledge that these abuses are not
random or sporadic incidents but a much wider problem.
Empirical research in this area is limited, but there is ample anecdotal evidence that public
exposure is the most effective way to address the issue, because it forces society to confront
the reality that there is no honour in killing women and girls for choosing to live life on
their own terms.14

14
By Mustafa Qadri, Amnesty International’s Pakistan Researcher
CHAPTER 6:

CONCLUSION, RECOMMENDATIONS & SUGGESTIONS

6.1. Conclusion

Pakistan has one of the highest incidences of honour killings in the world. This is a
major human rights issue that has received little attention outside of human rights groups and
women activist networks. This paper provides a critical reassessment of honour killings in
Pakistan and argues that the prevalence of honour killings is due to the fact that traditional
justice prevails over jural law. Since the late 1970s, aspects of traditional justice have been
incorporated in the Pakistan Penal Code, thereby sanctioning homicide of men and women
charged with adultery and fornication. In order to analyses the tenuous relationship between
jural law and traditional justice, this paper is based on first-hand accounts of honour killings
in the North-West Frontier Province (NWFP). This actor-oriented approach shows why
traditional justice sanctions honour killings and the inability of jural law and the judiciary to
punish offenders. In order to deter honour killings, more strident punishment of offenders is
advised to invalidate traditional justice and counteract the private use of violence.

Gender inequality, lack of education, unawareness, no legal protection and sexually

assault victim are the major factors of raising indiscriminate behaviour against women in
Pakistan that leads to honour killing. These causes lead women to be victim of honour killing.
Currently, drastic measurements are needed to protect the sanctity of women in the study
area. The effective role of government, civil society, media and NGOs is strongly needed to
address the raising trend of honour killing against women.

”Honour crimes fester in the dark privacy of the home. It is time to expose these
abuses to the light of public scrutiny and the law.”]A week earlier in Lahore, Farzana Iqbal
was brutally beaten to death with bricks by up to two dozen relatives, including her father, for
marrying the man she loved. Sadly, hundreds of women and girls are subject to “honour”
killings in Pakistan every year. For many communities in Pakistan, women and girls are
seen to embody family honour. A woman’s identity and her family’s sense of social respect
and worth is measured by her acquiescence to family demands, such as marrying the man
they choose for her.
 Often, the most severe punishments for transgressions of “honour” or for bringing
“shame” on a family are decreed by councils of tribal elders – in which women have no
place. In Pakistan, the statistics vary from around 900 to just over 1,000 each year. But these
figures represent only instances documented by human rights groups based on reports from
the media or law enforcement authorities.

It is important to recognise that an honour culture exists that justifies killing women
for behaviours seen as damaging to (men’s) honour. It is also important to recognise that in
Asian countries, culture clashes causes more behaviours to be classified as ‘dishonourable’, at
the same time as these cultures of honour are at times more harshly enforced. The problems
with migration are evident here: it is dangerous and inhuman in many ways to exclude and
marginalise people from the majority society. At the same time, because you migrate to a
different country, it does not mean you have to abandon your old culture and tradition. Here it
is important to concentrate on human rights and ignore non-oppressive cultural or religious
differences. When it comes to honour killings, women’s emancipation can be possible only if
the honour culture is extinguished.

Hundreds of women and girls are subject to “honour” killings in Pakistan every year
and that number runs into the thousands worldwide Seeking justice is extremely problematic
in Pakistan, as a wide legal loophole currently exists that allows perpetrators of “honour”
killings to escape any punishment. Under Pakistani law in cases of murder, the victim’s
family is allowed to pardon the perpetrators. The culprits are then free from prosecution and
sentencing.
So-called honour killings are ubiquitous in several parts of South Asia and other
corners of the world. It is difficult to determine exactly how many women fall victim to
killings justified as the defense of family “honour,” but the number runs into the thousands
worldwide.

Besides many other daunting challenges, Pakistan is also grappling with honour
killings. Although there are different laws for the protection of women’s rights like the Anti-
Honour Killing Laws Amendment) Bill 2014 and Anti-Rape Laws (Criminal Laws
Amendment) Bill 2014 passed by the Senate of Pakistan, in force in the country, yet they
cannot do much until there is a positive change in society’s attitude toward women. The
complex nature and causes of honour killing make it harder to be addressed; however steps
have to be taken from where it is socially acceptable. Reshaping what the society perceives as
‘honour’ is something critically required in this battle against honour killing.

There is an urgent need to strengthen the existing laws against honour killings, and to make
them really strong so that the perpetrators of such a heinous crime are awarded punishments
befitting to the gravity of the crime they had committed.

6.2. Recommendations

 Female education must be encouraged throughout the districts in rural areas.

 Female training institutions should be established in each town of district that avail
free training to young women.
 Loan should be provided to women as they can be sound economically.
 Awareness campaign must be held throughout district about rights and respect of
women in the society.
 There should be an organization in the district that supports, help and address women
during violence against them.
 There must be strong legal system that holds accountable to people who are involved
in honour killing.
 Law and order forces must effectively work for protecting women in the area.
 Further research must be encouraged in the study area at government level.

6.3. Suggestions

 Criminal Law should be amended on particular sections which relates to the above
mentioned customs of honour killing, Karo Kari, Vani and Swara.
 Jirgas and Punchayats verdicts should be freeze and declared as void, against the law
and against the fundamental rights. And the practice of settling disputes by gifting
girls as compensation and penance should be stopped with iron hands.
 Marriages which conducted on the complement of Jirgas/Punchayats without free
consent and free will, without proper (offer and acceptance), or by parents for
settlings the disputes by gifting girls as compensations or penance should be declared
as void marriages.
  Government ensured to execute the criminal and all relevant laws on such customs
equally in the whole country without any differentiations.
 Training should be given to the police officials and investigation officers on all
criminal and relevant laws for better result and investigation.
 Honour killing should be considered a crime against the State. It is not a case/matter
between two parties, also not a private/ personal affair of the family. The system of
tribal and ruler areas justice for taking the law into their own hands needs to be
addressed.
 Mindset of the civil society should be changed that women are commodities and can
be trade as currency to pay for the sins of men in exchange of money, in
compensation or penance for crimes and settling of disputes. And use the women as a
method of resolving disputes and settling debts, or penance between families and
tribes. And also need to change the mindset of the civil society that after the killing of
women or men, their honour has restored.

As honour killing is the extreme form of domestic violence mostly in the tribal and rural
areas of Pakistan. According to a recent study, 90% of married women in Pakistan are
physically, emotionally or verbally abused by their husbands. Women are considered
commodities and the right to decide the fate of a commodity lies with the owner, the male
member of the family. Decision regarding a woman’s education, marriage, property, and
career or even stepping out of her home and choice of dress are taken by her father, brother or
husband. In a society where the honour of a man is defined through the chastity and proper
behaviour of his women, incidents of honour killings are increasing at an alarming rate.
Interestingly, women are considered honourless. Attack on a woman’s self-respect, dignity
and self-worth is never given importance as she is just there to protect the honour of the male
members of her family. The general perception in society is that if a man does not teach the
alleged woman a lesson, he is not man enough and usually becomes the laughingstock of his
family and clan. Moreover, the morbid fascination of having the power to kill someone
weaker than one’s own self and being raised to the status of honourable again in the society,
is a major contributing factor in the escalating cases of honour killings in Pakistan. The most
horrifying aspect of honour killings in Pakistan is not the act itself, but the attitude and
support of the society for it. It is perceived as a battle of good and the bad. The hero being the
man, who kills his wife in the name of honour. Not only society blames a woman in such
cases, there is a general belief that she deserved it as she was attempting to challenge the
norms. It is perceived as justice and a lesson for other women in the family and society
nurturing such objectionable thoughts. There is a soft corner for the man, the killer.
On the reports of honour killings in media, people merely shake their heads and blame the
westernization of our women that leads to such horror. No one blames the killer. “He did
what he had to do”.

6.4. Framing of issues

 What is the meaning of honour?

 Is there any relationship between honour and killing?

 What is the root cause of honour killings?

 Is our religion responsible for this issue? If yes, than for which extent?

 Is our society understand the Islamic teachings accurately?

 Whether the laws made on Honour killings are enough or not?

 Is there proper implementation of these laws?

 Can the Law be ignored in the name of honour?

 Why People are reluctant to report the cases on this issue?

 How our political system or power holders influenced or effect the implementation of

laws?
 IMPLICATION OF STUDY RELATE TO HONOR KILLING

Redefinition of ‘honour killings’ as criminal murders is necessary to start to change the mind-
set. Enforcement of a legal code is required. Education for women should be promoted;
education promotes the ability of women to form social relationships on the basis of equality
with both other women and menand to achieve the important social good of self-respect.
Proper documentation of HMs is required and this is the responsibility of the state
government. However, at present the state is failing this responsibility. As mentioned earlier
that there are approximately 7,500 boys and girls schools closed in the province, therefore it
is important to open these schools. Honour murders may be prevented by reducing the
influence and interference of feudal lords on state institutions, in particular law enforcement
agencies. Further research is required to investigate the nature and extent of feudal power, the
hegemony of feudal culture and the complicit relationship of state institutions and feudal
lords in relation to honour related crimes in Pakistan. In particular, there is a need to give
voice to women who are oppressed and to create a more informed and supportive
environment for advocacy and policy to eliminate violence against women.
 REFERENCES & ARTICLES VIOLENCE AGAINST WOMEN

PAKISTAN has good reason to ponder the consequences of the high level of violence
against women during the campaign called 16 Days of Activism Against Gender-based
Violence that ends on Human Rights Day, five days from now.
When this campaign started on Nov 25, observed every year since 2000 as the International
Day for the Elimination of Violence Against Women, many civil society organisations,
collectively and severally, expressed concern at the high figures of violence against women.
These efforts were commendable but they did not go far enough. There has not been much
worthwhile activity during the rest of the days of activism. Worse, one has waited in vain for
any fresh initiative by the government to deal with the root causes of violence against
women, or even to reduce its scale.

The relevant statistics are truly alarming. According to a non-official count 5,151
women have been subjected to violence this year in Punjab alone among them 774 murdered,
217 killed for ‘honour’, 1,569 abducted, 706 raped/gang-raped and 427 driven to suicide.
The number of women killed for giving birth to girls has gone up. A few days ago, when
these lines were being written, a man was reported to have thrown acid on his wife’s face for
delivering a girl and another report disclosed a racket that forced women into prostitution by
offering them jobs at home and abroad.
These figures released by civil society organisations do not offer a complete picture of
women’s tribulations as a large number of cases are still not reported. These figures apart, the
gravity of the situation can be gauged from the statistics of violence against women contained
in a recent report to parliament by the Ministry of Law, Justice and Human Rights.

According to this report (for January 1,2012 to September 15, 2013) there were 860
‘honour’ killings (mostly women), 481 incidents of domestic violence, 90 cases of acid
burning, 344 cases of rape/gang rape, and 268 incidents of sexual assault/harassment.
These incidents tell us only about visible violence. Instances of invisible violence are much
more numerous and cause much greater havoc. Some of the more common forms of non-
cognisable violence are: preventing girls from acquiring education, especially of their choice;
destruction of girls’ schools; restrictions on women’s mobility; denial of jobs on merit and
equal wage for equal work; child marriages, forced marriages, and tendering of girls to
resolve feuds. Unfortunately, the issue of violence against women is still treated in Pakistan
largely in terms of the losses and suffering caused to the victims and their families whereas
the loss to the community should be given equal, if not more, importance.

Gender-based violence in the home affects the physical and mental growth of
children; violence at workplace reduces women’s efficiency and output; and all other forms
of violence against women prevent them from contributing their share to the economy and
services. Violence against women is a major factor in this country’s lowly rating on the
gender empowerment scale. Pakistan ranks 82 out of 93 countries in the Gender
Empowerment Measure and stands 115 out of 140 countries in the Gender Inequality Index
of 2011. Thus, the issue that needs to be focused upon during the current campaign is the
slow pace of women’s empowerment. Violence against women is both a cause and a result of
their disempowerment. Seen from this perspective the government and civil society both
should not be content with lamenting the extent of violence against women or with making
plans to catch and punish the culprits; they should be working on realistic initiatives for
women’s empowerment.

The first task obviously is to ensure that all girls are able to receive proper and
meaningful education because knowledge is power. Now that Article 25-A of the
Constitution obliges the government to provide education facilities to all children aged five to
16 special efforts will be needed to fill the gender gap at least at the primary and secondary
levels. At the same time, health cover will have to be extended to the female population and
its quality raised. It will also be necessary to look at the infant mortality and maternal
mortality rates and the incidence of children’s death and retardation due to malnutrition.
Pakistan is going to pay a heavy price for its failure to realise the Millennium Development
Goals by 2015. Now is the time for the government to decide what it wishes to do in the post-
2015 phase.

There is also a pressing need to guarantee women their economic rights. One should
like to know how the law against evil customs is being implemented. Has the practice of
denying women their share of inheritance ceased or declined?
Economic independence, freedom to choose one’s career, and the right to manage one’s
earnings are key factors in women’s empowerment. In all these areas, the government is yet
to meet the call of affirmative action. Even watchdog bodies, such as the National
Commission on the Status of Women, are denied the requisite freedom and resources.
That violence against women and obstacles to their empowerment are both rooted in the
feudal culture, of which patriarchy is a core element, is widely known.

So long as state and society do not realise the need for a social revolution, including
demolition of patriarchal and feudal tyranny, it will be possible neither to end violence
against women, nor to empower them, nor even to break the vicious cycle of poverty and
exploitation, as a result of which women suffer more than men, and non-Muslim women
more than Muslim ones. What the people wish to know on Dec 10 this year and in the years
to come is what concrete steps are going to be taken to meet the challenge of Pakistan’s uplift
through women’s emancipation and empowerment.15
a. Ghairat: Loosely translated as honour but also refers to a chivalrous adherence to
tradition.
b. Jirga: An assembly of male elders, usually tribal, who make decisions regarding
social issues; an informal body for resolving disputes. The term is Pushto but the
practice exists across Pakistan. Decisions taken by them are known to be anti-women.
c. Panchayat: An assembly of elders of the community, always males, who are called
upon to resolve disputes.
d. Qisas and Diyat Ordinance: Law promulgated by the Ziaul Haq regime as Sharia
law that allows compound ability of crimes including murder.
e. Purdah: Veiling
f. Na-mehram: All men excepting blood relatives.
g. Izzat: Respect
h. Zan, Zar, Zamin: Women, gold, land – commonly considered motives for
committing crimes.
i. Tazir: Sentence of imprisonment or death under normal law.
j. Masoom ud dam: One whose life is sacred or protected.
k. Quwwam: Superior; men are quwwam over women as interpreted in the Quran.
l. Qatl-e-amd: Intentional murder
m. Wali: ‘Protector’ or ‘guardian’ of women in the family, the head of the family,
patriarch.
n. Zina: Sexual relationship outside marriage
o. Fasad-fil-ard: Chaos/disorder on earth or society
p. Badl-e-sulah: Giving something (often women and girls) as compensation for a
crime.
q. Arsh: Compensation for hurt

15
I.A. RehmanPublished Dec 05, 2013 07:42am
 RESEARCH METHODOLOGY

I have relied upon the aforementioned data available on honour-killing provided by different
authors regarding various societies. Moreover, to understand the cultural dynamics of
traditional society of South Punjab and underlying factors of Baloch‟s honour killing I also
did a small-scale fieldwork. I met off and on and interviewed two groups of people A case
study can be defined as a research strategy, an inquiry based on empirical evidence that
investigates a problem within its real-life context. Case study research can be categorized by
single and multiple case studies, comparative. It can also be helped by quantitative evidence,
thus, they can be based on any mix of quantitative and qualitative evidence.
The data were collected from both rural and urban areas. A total 15 villages selected
from rural area of each taluka of district and 50 households of urban area respectively.
Moreover, within each village 10 women aged between 20 and 30 years were interviewed.
The types of questions were previously selected after studying the available literature in
newspaper and directly participating in social activities in rural and urban areas. Then,
questions were developed for obtaining final and effective data. Moreover, data were
collected in local language, then, it was finalized, translated and interpreted in English
language. This research is the qualitative research method with the supplementary of
quantitative style. This research mainly intends to go for qualitative methods, because
female’s voices are heard and reduced by qualitative research. Statistics are used here to
express the actual situation regarding many elements of “honour killings”. The systematic
stratified sample technique was used to collect data from entire district.
 ARTICLES

 Maliha Zia Lari, “Honour Killings in Pakistan and Compliance of Law”, ( Aurat
Publication and Information Service Foundation, 2011), 17-31.
 Shahnaz Begum Laghari, “Honour Killing in Sindh Men's and Women's Divergent
Accounts”,(2016), 21-53.
 SUJAY PATEL & AMIN MUHAMMAD GADIT, “Karo-Kari:A Form of Honour
Killing in Pakistan”, Vol 45(4),: (2008),683–694.
 Huda Fatima, “Pakistan steps up to remove “honour” from honour killing”, (Elsevier
Ltd, 2017)
 Naveeda Noreen and Prof. Dr. Razia Musarrat, “Protection of women rights through
legal reforms in Pakistan”, 3:4 (2013), 119-138.
 Kenneth Lasson, “BLOOD STAINS ON A "CODE OF HONOUR": THE
NIURDEROUS MARGINALIZATION OF WOMEN IN THE ISLAMIC
WORLD”, Rutgers School of Law Newark 30 (2009), 407-416.

REFERENCES

 Amendment Act of Pakistan Penal Code 1860, amendment held in the year 2004.
 Human Rights Commission of Pakistan (HRCP). March 2012. State of Human Rights
in 2011.
 The Constitution of Islamic Republic of Pakistan, As Amended by the Constitution
(Nineteenth Amendment.) Act, 2010 (Act No. 1 of 2011) Edition 2012.
 The Constitution of Islamic Republic of Pakistan 29th March 1987 by Government of
Pakistan Ministry of Justice and Parliamentary Affairs (Justice Division).
 The Major Acts (Law of Crimes) 45th Edition 2012, by Mr. M. Mahmood, Al-Qanoon
Publishers 2- Mozang Road, Lahore, Pakistan.
 I.A. Rehman Published Dec 05, 2013 07:42am
 BIBLIOGRAPHY

 http://pakistaniwomen.org/index.php/2016/08/20/violence-against-women-in-
pakistan/ (Last Accessed: 11/9/2018)
 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1835382 (Last Assessed:
07/10/2018)
 https://www.af.org.pk/pub_files/1366345831.pdf (Last Assessed: 20/10/2018
 (https://www.youtube.com/watch?v=AcI3h0stYUA) Last Assessed 11/11/2018
 (https://www.youtube.com/watch?v=Co6RamOxDa4) Last Assessed 25/12/2018
 https://www.pakistanlawsite.com/Login/MainPage Last Assessed 02/01/2019
 https://www.punjabpolice.gov.pk/honour-killings Last Assessed: 05/01/2019

BOOKS

 RABIA ALI, The Dark side of honour: Women victims in Pakistan (Shirkat Gah:
2001), 8-46.
 Futures Group, RESTORING DIGNITY: A Toolkit for Religious Communities to
End Violence Aagainst Women (January 2009), 7-9.