Iqbal Detho

Introduction "Honour killing" has been an old custom in this part of the world. Everyday incidents of "honour killings" are reported, particularly in upper Sindh Province. A consensus has evolved in civil society that there is a dire need to devise a comprehensive strategy aimed at tackling this pernicious problem. Moreover, realisation has been increasing in state institutions to take corrective measures and effectively counter this deplorable custom. This brief report highlights the most common causes of "honour killings" and looks at the prevailing legal system and the role of state institutions in their failure to deter perpetrators of unabated "honour killings." It further makes appropriate recommendations for safeguarding hapless women against brutal murders committed in the name of "honour."

The lack of action by the police and the government create an aura of impunity that permits family members to kill and injure their relatives in the name of "honour" in Pakistan. (Photo: mrs.umn.edu)

It is a pity that so-called "honour killings" continue to be reported daily, taking place at an alarming rate in Pakistan and with virtual impunity in the garb of tradition. The killing of girls and women is simply brutal murder, leaving no room for an alternative explanation of the culture or traditions. Even if the tradition had certain norms in the past, this rationale does not preclude tradition from being shaped by new realties. Furthermore, this "honour" system derives from tribal traditions in Pakistan, which are in conflict with other traditions in national life, such as Islam and liberal democracy.

There is no denying that it is the foremost duty of the State to ensure the protection of the universally recognised fundamental rights of its citizens, including the right to life. The government of Pakistan has positive duties in this connection. The government of Pakistan in the past few years under President Pervez Musharraf has taken some positive steps. Some courts have made progressive rulings benefiting women and have officially condemned these gruesome acts of "honour killings." However, there is an immediate need to focus on this issue with even more sincerity.

The steps required to eradicate the menace of karo-kari, or "honour killings," are well within the powers of the government to implement and do not require a large investment of resources but do require political will and the determination that all of these abuses are no longer tolerated. For this, apart from the government, everyone has a part to play - political parties, religious groups, all elements of civil society and individuals. Everyone has a responsibility to commit themselves to the equality of all human beings, irrespective of gender, age and social status.

Political, economic and social processes that have evolved for centuries have kept men in a position of power and have effectively made women second-class citizens. This social hierarchy has resulted in laws and practices that politically and economically put women at a disadvantage.

Traditionally, women have been subjected to intimidation and grave violations of their physical and mental integrity by members of their families as well as groups and institutions in the community in order to control their sexuality.

Culture defines gender roles. While some cultural ideologies promote women's rights, conversely, there are customs, traditions and religious values in many societies that are used to justify violence against women.

The persistent belief that violence against women within the family or intimate relationships is a private matter has permitted the practice to continue without hindrance. It is alleged that the State itself enforces the control of women through a legal system that discriminates against women, such as family laws, like those related to marriage, inheritance and custody, and criminal laws.

A lack of action on the part of governmental institutions to prevent and end violence

against women makes them complicit in the violence and creates an environment where perpetrators act with impunity. Government negligence establishes a tolerance of violence against women that creates a culture of silence, discouraging women from

seeking support and protection from the State and its agents.

Tribal Justice System or the Jirga System

In most parts of the country, disputes related to zar (money), zin (women) and zameen (land) are settled by conflicting parties in a traditional tribal justice system, or jirga, which has become a parallel justice system affecting the rights of women. Usually the jirgas are male-dominated, and there is no representation of women permitted. Even when women are the victims, they are not heard, and hence, it is discriminatory in nature.

Although Articles 7 and 25 of the 1973 Constitution explicitly define the equality of women with men and their entitlement to equal protection of the law and with equal opportunities disregarding sexual orientation, the law of qisas (retaliation of a similar nature) and diyat (compensation) covering offences relating to physical injury and murder does not conform to these standards. Section 302, a penal section for the offence of murder, is a compoundable offence. Usually the accused and the heir of the victim are close relatives. Hence, they are bound to compromise. As a result, the compoundability clause is widely abused to the disadvantage of women who are victims.

It is generally believed by human rights activists that no steps have been taken to correct the widespread gender bias of law enforcement personnel, particularly the police, which in some cases may resent and resist filing the victims' complaints and misrecord their statements, which is the primary basis of criminal proceedings.

It is also alleged that the police sometimes act as guardians of traditions and customary morality instead of performing their task when, for instance, husbands appear in the police station with their bloodstained weapons declaring proudly that they have killed their wives.

The government should recognise women's rights as universal, indivisible, inalienable and integral. The government should guarantee the equality of women in the Constitution and statutory law of Pakistan and should meet its international obligations, like those contained in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC), which the government of Pakistan has ratified, that oblige the government to take due diligence to prevent, investigate and punish violence against women and girl children.

The government needs to take measures in the following three areas to eliminate the menace of "honour killings" and to effectively deter perpetrators of this gory crime against humanity:

• Legal measures, including penal sanctions and compensatory provisions, to protect women against honour-related violence

• Preventive measures, including educational and media strategies, that will contribute to overcoming discrimination against women

• Protective measures, including victim counselling, rehabilitation and support services, like shelter for women at risk of honour-related violence

As a first step, the government should firmly, publicly and unequivocally condemn violence in the name of "honour" and should send an unambiguous signal that such violence will not be tolerated. Moreover, the government should also make it clear that anyone taking the law into their own hands to injure or kill another person in the name of "honour" will be brought to justice.

• Undertake a review of the criminal laws, and enact any amendment to ensure equality before the law and extend equal protection of the law to women, including the law of qisas and diyat, the Evidence Act and the Zina Ordinance

• Exempt murder from compensability when it is committed for the motive of "honour killing" to avoid its misuse, for, as mentioned above, murder is a compoundable offence in accordance with the Qisas and Diyat Ordinance

• Amend the law to define a new offence of murder in which the motive is "honour killing," which will deny the culprits the benefit of compensability

• Adopt legislation which makes domestic violence in all its manifestations a criminal offence, and ensure that all law enforcement officers, police personnel and judicial workers are made fully aware of the obligation to enforce it

• Provide women who are subjected to violence with access to the mechanisms of justice, to just and effective remedies for the harm they have suffered, and inform women of their rights to seek redress through such mechanisms

• Consider the adoption of legal reforms in the areas of criminal and family law that were recommended by the Commission of Inquiry for Women in l997 (Justice Nasir Aslam report)

• Undertake wide-ranging public awareness programmes through the media, the education system and public announcements to inform both men and women of women's equal rights

• Provide gender sensitisation training to law enforcement and judicial personnel in particular to enable them to impartially address complaints of violence in the name of "honour"

• Ensure that data and statistics are collected in a manner that ensures that the problem of "honour killings" is made visible

• Ensure that human rights activists, lawyers and women's rights groups can pursue their legitimate activities without harassment or fear for the physical safety of themselves and their families by providing adequate police protection to those exposed to threats and harassment as well as to public and privately run shelters (Panah Gahs) for women

• Expand victim support services provided by the State and non-governmental organisations (NGOs), which should be operated as places of voluntary recourse for women

While "honour killings" occur throughout the country, they are particularly prevalent in upper Sindh Province.