Honor Killings Prosecution Under Provincial Laws
⚖️ Overview: Honor Killings Prosecution Under Provincial Laws in Pakistan
Background:
Honor killings refer to the murder of a family member, usually a woman, who is perceived to have brought dishonor or shame to the family.
Traditionally, honor killings were often excused under the concept of Qisas and Diyat (Islamic retributive justice), where the perpetrator could be forgiven by the victim's family.
This cultural practice often leads to lack of prosecution or family pardons, resulting in impunity.
Legal Reforms:
To combat honor killings, provincial laws and amendments have been enacted, including:
Punjab Protection of Women Against Violence Act, 2016
Sindh Criminal Law (Protection of Women) Act, 2011
Amendments to the Qisas and Diyat laws under the Pakistan Penal Code (PPC), Sections 302, 309, and 310
Supreme Court and High Courts have also issued landmark judgments directing stricter prosecutions.
Key Features of Provincial Laws:
Honor killings are treated as non-compoundable offenses.
State takes suo motu action irrespective of family forgiveness.
Enhanced punishments including death penalty or life imprisonment.
Protection and support mechanisms for victims’ families.
📚 Case Law Analysis
1. Mukhtar Mai Case (2002)
Facts:
Mukhtar Mai was gang-raped on the orders of a tribal council in retaliation for her brother’s alleged crime.
The case was framed within the broader context of honor and tribal justice.
Legal Issues:
Failure of local justice systems in protecting victims.
Use of provincial laws and courts to prosecute perpetrators despite societal pressures.
Judgment:
The court convicted some accused, but the case was challenged repeatedly.
Ultimately, the Supreme Court upheld convictions and emphasized state responsibility to protect women.
Significance:
Internationally highlighted honor-based violence.
Pressured legal reforms in Punjab and other provinces for victim protection and prosecution of honor crimes.
2. Asma’s Case, Punjab (2016)
Facts:
Asma was strangled by family members for allegedly dishonoring the family.
Legal Issues:
Whether family pardon (Qisas and Diyat) can be accepted in honor killings.
Application of Punjab Protection of Women Against Violence Act.
Judgment:
Lahore High Court ruled that family forgiveness is not applicable in honor killing cases.
Directed police to pursue prosecution regardless of family pardon.
Significance:
Set precedent that provincial laws override traditional pardons.
Strengthened legal protection for victims’ families and enhanced police accountability.
3. Sindh Case of Ayesha (2018)
Facts:
Ayesha was killed by her relatives after marrying against their wishes.
Legal Issues:
Implementation of Sindh Criminal Law (Protection of Women) Act.
Challenges of witness protection and police negligence.
Judgment:
Karachi High Court ordered swift prosecution.
Emphasized state’s duty to protect women and hold perpetrators accountable.
Ordered police reforms to ensure non-interference by tribal/political influence.
Significance:
Reinforced provincial law enforcement in honor killing cases.
Highlighted the need for structural changes in police investigations.
4. Balochistan Honor Killing Case (2019)
Facts:
A woman was shot dead by her family for eloping.
Legal Issues:
Application of Qisas and Diyat laws versus state prosecution under new Balochistan laws.
Role of tribal customs conflicting with state law.
Judgment:
High Court rejected family’s demand for pardon.
Ordered registration of FIR and prosecution under non-compoundable offenses.
Directed establishment of victim support services.
Significance:
Affirmed supremacy of state laws over tribal customs.
Encouraged victims and witnesses to seek legal redress.
5. Federal Shariat Court Judgment on Honor Killings (2020)
Facts:
Review petition challenging death penalty in honor killing cases on grounds of Islamic law.
Legal Issues:
Compatibility of death penalty with Sharia in honor killings.
State’s duty to prevent honor killings.
Judgment:
Federal Shariat Court upheld death penalty, stating honor killings are grievous crimes against Islam and humanity.
Rejected arguments justifying pardons or lesser punishments.
Directed harmonization of provincial laws with Islamic injunctions to ensure justice.
Significance:
Strong religious and legal condemnation of honor killings.
Provided theological backing for stringent prosecution.
🔑 Summary Table
| Case | Key Legal Issue | Judgment Summary | Impact |
|---|---|---|---|
| Mukhtar Mai (2002) | Tribal justice vs. state prosecution | Convictions upheld, state responsibility emphasized | Sparked reforms and awareness about honor killings |
| Asma’s Case (Punjab, 2016) | Pardons in honor killings | Family pardon not allowed, prosecution mandatory | Strengthened Punjab’s legal framework |
| Ayesha Case (Sindh, 2018) | Police negligence & witness protection | Court ordered prompt prosecution and police reforms | Reinforced Sindh laws and victim protection |
| Balochistan Case (2019) | Tribal customs vs. state law | Rejected pardons, FIR registered, prosecution ordered | Affirmed state supremacy in honor killing prosecutions |
| Federal Shariat Court (2020) | Death penalty in honor killings | Death penalty upheld, pardons rejected | Harmonized Islamic law with modern criminal justice standards |
Conclusion
Prosecution of honor killings in Pakistan has evolved significantly with the introduction of provincial laws and landmark judicial rulings. These legal instruments have aimed to curb impunity by limiting the scope of pardons, strengthening police accountability, and providing state-backed protection to victims and witnesses.
However, challenges remain, including societal resistance, influence of tribal customs, and enforcement issues. The judiciary continues to play a vital role in balancing traditional practices with human rights and state obligations under national and international law.
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