'Honour Killings' in Pakistan and Compliance of ... - Aurat Foundation
'Honour Killings' in Pakistan and Compliance of ... - Aurat Foundation
'Honour Killings' in Pakistan and Compliance of ... - Aurat Foundation
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There is no m<strong>and</strong>atory m<strong>in</strong>imum sentence for ‘honour kill<strong>in</strong>gs’<br />
irrespective <strong>of</strong> the relation <strong>of</strong> the perpetrator to the victim 39 .<br />
There are also concerns as to the difference <strong>in</strong> the penalties for the<br />
same crime: death or life imprisonment (if there is no<br />
compromise) as m<strong>and</strong>atory punishments; no penalty or 10-14<br />
years (if qisas is waived or compounded) at the discretion <strong>of</strong> the<br />
court; acquittal or any amount <strong>of</strong> tazir (if the tazir is waived or<br />
compounded) at the discretion <strong>of</strong> the court. [Amendments to<br />
Sections 302, 311, 338E PPC].<br />
There is no liability to ensure that others who are usually <strong>in</strong>volved<br />
<strong>in</strong>, encourage or validate such kill<strong>in</strong>gs, e.g. jirgas, panchayats,<br />
family members/elders etc.), <strong>and</strong> are thus primarily responsible<br />
for perpetuat<strong>in</strong>g these practices, become equally liable to penalty<br />
under the law.<br />
While it is positive that the issue <strong>of</strong> giv<strong>in</strong>g a woman <strong>in</strong> marriage<br />
<strong>of</strong> otherwise as badl-i-sulah has been specifically forbidden, this<br />
also needs to be accompanied with a penalty for all <strong>of</strong>fenders.<br />
[Amendment to Section 310 PPC].<br />
There is no provision <strong>in</strong> the Act to ensure that when courts allow<br />
compound<strong>in</strong>g <strong>of</strong> <strong>of</strong>fences, they must first satisfy themselves that<br />
the <strong>of</strong>fence is not an ‘honour’ crime. It must be remembered that<br />
if stronger penalties for such crimes are <strong>in</strong>corporated <strong>in</strong> the law,<br />
the <strong>of</strong>fenders might well choose not to mention honour as a<br />
motive for the crime. Therefore, it becomes important for courts<br />
35