‘Honour’ killings, a deeply entrenched social wrong, have persisted in many parts of the world, including Pakistan. Individuals, predominantly women, are murdered under this label, for allegedly bringing shame or dishonour to their families or communities.

Like many other regions, the society has a patriarchal social structure that places men in positions of power and authority. Consequently, any perceived transgressions against cultural or religious norms, such as women choosing their own partners, engaging in premarital relationships or seeking divorce, are often seen as threats to the established male-dominated order. ‘Honour’ killings are viewed as a means of preserving male ‘honour’ and control over women.

The motive in ‘honour’ killings, is often the ‘protection’ of a family’s reputation in the community. Many families fear being stigmatised if a member is perceived to have violated some cultural norm. The concept can lead to extreme measures being taken to restore a reputation.

‘Honour’ killings can also arise from conflicts within marriage. In cases where women complain of domestic violence, seek divorce or express a desire for autonomy, they may be subjected to violence by their birth families or in-laws in an effort to maintain the social order and uphold notion of ‘honour’. Such killings are often defended using cultural values that prioritise male authority.

‘Honour’ killings also occur when individuals, particularly women, choose their own partners or engage in relationships beyond the boundaries of traditional marriages. These killings are often seen as means of punishment for defying cultural norms and expectations.

According to a police study, as many as 769 people, including 510 females, fell victim to killings in the name of so-called honour in Sindh between 2014 and 2019. Police presented charge sheets in 649 cases and the courts awarded sentences to the convicts in 19 of those cases. The accused in 136 cases were acquitted.

The conviction rate thus stood at a mere two percent and the acquittal rate at 20.9 percent. According to data compiled by Sindh Suhai Organisation (SSO), at least 217 people, including 152 women, have been killed in the so-called honour-related crimes across Sindh in 2022.

As many as 36 people were targeted in Jacobabad district alone and 27 in Kashmore district. 23 people were killed in Ghotki, 16 in Shikarpur, 14 in Larkana, 10 in Khairpur, five in Sukkur and 86 in the remaining districts between January and December 2022.

In some rural areas, big landlords have their own laws. Once a woman is declared as a kari, family members consider themselves authorised to kill her and the co-accused, karo, in order to restore family honour.

Certain amendments were introduced in relevant laws through the Criminal Law (Amendment) Act, such as increasing the punishments, allowing courts to award punishment on account of causing fasad fil ard when the right of qisas was waived or compounded. A minimum imprisonment for 10 years in case of honour crimes was legislated.

Other amendments in the laws related to removing the possibility of the murderer being the wali and allowing the state to take the responsibility, if necessary. Others involved in or validating such killings like jirgas, panchayats, etc, were also made liable to penalty under the law.

Desirable results may not be achieved in terms of eliminating the ‘honour’ killing practice unless a comprehensive strategy comprising sustained educational and awareness campaigns is formulated and implemented.

There are several factors behind the failure to eliminate the heinous crime. These include deeply-rooted socio-cultural factors, non-reporting of such cases and presenting the crime as suicide or accidental death and silent social acceptance of such killings.

Other contributory factors are loopholes in the laws, faulty investigation, ineffective deterrence, collusion between offenders and witnesses and unwillingness to implement the law due to the overwhelming social acceptance of the crime and the influence of power holders. A large number of the cases are settled out of the court. In the matter of ‘honour’ killing, the Supreme Court of Pakistan has ordered (2019 PLD 218 Supreme Court (National Commission on Status of Women vs Govt of Pakistan through Secretary Law and Justice), that jirgas, panchayats and councils of elders, have no power in settlement of disputes involving ‘honour’ killings for retribution and compelling women to be wed without their consent. Such acts violate Articles 4, 10-A and 25 read with Article 8 of the constitution.

Desirable results may not be achieved in terms of eliminate the ‘honour’ killings unless a comprehensive strategy comprising sustained educational and awareness campaigns, filling the loopholes of existing laws and then implementation of law in letter and spirit by all stakeholders in government and civil society, is formulated and implemented.

On January 23, 2023 a young woman, who had recently left her home in Pirabad to marry a man of her choice, was shot dead allegedly by her father, Ameer Jan Mehsud, in the name of so-called ‘honour’ at the entrance of the City Courts, Karachi, where she was brought by the police to record her statement before a judicial magistrate.

Trial for this murder was proceeded by the additional district and sessions judge-I after hearing an application under Section 345(2) CrPC and 345(6 filed by the legal heirs of the deceased and in the presence of the two injured, who stated on oath that they had pardoned the accused and did not want to pursue the matter further. The accused was then acquitted. Such rulings strengthen the view that family members can kill in the name of ‘honour’ and get away with it.

Courts have a crucial role in addressing the issue of ‘honour’ killings. The legal system has made strides in recent years to combat ‘honour’ killings. The enactment of the anti-honour killing laws in 2016 and subsequent amendments have increased penalties for perpetrators and created specialised tribunals for expedited trials. The courts’ role in upholding and interpreting these laws is important for effective implementation.

The judiciary is responsible for ensuring that victims and their families have access to justice in ‘honour’ killing cases. This includes providing legal aid, protection and support to the victims, particularly women, who often face societal pressures and threats that discourage them from seeking justice. The judiciary can establish mechanisms, such as women-friendly courts or safe houses to facilitate the reporting and prosecution of ‘honour’ killings.

The judiciary can challenge regressive cultural norms that perpetuate honour killings by delivering verdicts that condemn such acts and strictly enforce the law. Additionally, judges can use their positions to educate the public, dispel misconceptions and promote gender equality through judicial decisions and public statements.

The writer, an advocate of the Sindh High Court, is associated with the Jang Group as a legal advisor. He occasionally writes on legal and human rights issues. He can be reached at advocate.ahmed @ymail.com