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'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

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