'Honour Killings' in Pakistan and Compliance of ... - Aurat Foundation

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an acceptable plea to reduce sentences for murder in cases involving ‘honour 63 ’, as is also seen in the cases dealt with by the Supreme Court. The idea that killing for family honour is understandable is stated over and over again as an extenuating ground for grant of lesser punishment 64 . In fact, in one case, it is clearly stated that. “Qatl committed on account of ghairat being not equivalent to Qatl-e-Amd the appellant is entitled to some concession” 65 . In a 2006 case 66 the court simply states, “Record having established that it was a case of family honour, award of capital sentence to accused, was not justified”. In a 2008 case, it was noted that, “Killing over question of family honour on provocation has been accepted as an extenuating ground for grant of lesser punishment” 67 . While the Supreme Court attempted to place some requirements on the plea of provocation, a 2008 LHC displays how the loose ‘requirements’ allow conservative and discriminatory translations, and therefore implementation of the law results in a lax attitude towards honour killings. In this case, the court states that while “we would detest killing on this ground. But we are conscious of the fact that a situation as is apparent in this case and which had led to the occurrence was the cause of a grave provocation. If someone is provoked then his act is not one of pre- 63 Muhammad Waryam v. The State, 2005 YLR 1017; Mst. Matloob Hussain v. The State, 2008 P Cr. L J 366 64 Muhammad Imran v. The State , 2008 Y L R 1290 65 Muhammad Imran v. The State , 2008 Y L R 1290 66 Nasir Abbas v. The State, 2006 PCRLJ 497 Lahore 67 Muhammad Imran v. The State, 2008 Y L R 1290 57
meditation falling under the definition of cold-blooded murder. It is a case where human frailty governs consciousness and impulse dominates. We, therefore, agree with the learned counsel that although this was a double murder case...” 68 . This case in essence, removes the concept of ‘pre-meditation’, stating if there as is provocation, there is no pre-meditation. In a 2007 case, the term masoom-ud-dam is shown to be still in existence and the social set-up and customs are given prevalence. The court stated that while “human life was very sacred, but at the same time prevalent social set up, traditions and customs prevailing in the society could not be ignored where men would sacrifice their lives to safeguard the honour of their womenfolk, which was not considered a big sacrifice in any manner” and that “No religion allowed widespread immorality to destroy the fabric of a family life” 69 . The safeguards attempted to put in place by the Supreme Court, which stated that mere suspicion is not an acceptable reason for a plea of provocation and mitigation of sentence are clearly not followed by the LHC. In a 2006 case, where a man was killed on the suspicion of being the paramour of the murderer’s wife, the court stated that, “Family honour killings were to be discouraged, but it did not mean that the benefits of mitigation were not to be given at all to the accused in whose house someone had trespassed and invaded privacy to fulfil his lust 70 ”. 68 Sarfraz v. The State, 2008 YLR 969, Lahore 69 Sabir Hussain alias Pehlwan v. The State, 2007 PCRLJ 1159 70 Zulfiqar Ali v. The State, 2006 MLD 1676 58
Page 2 and 3:
A Pilot Study on: ‘Honour Killing
Page 4:
Table of Contents Preface 1 Introdu
Page 8 and 9:
Preface Elimination of all negative
Page 10 and 11:
the nature and extent of its compli
Page 12 and 13:
Introduction The Criminal Law (Amen
Page 14: formalised by the State and ‘lega
Page 17 and 18: Gender is one of the organisational
Page 19 and 20: their rights were achieved on paper
Page 21 and 22: elatives), in effect excluding all
Page 24 and 25: 3. “Honour Killings”: their Pre
Page 26 and 27: patrilineage 17 . From this follows
Page 28 and 29: compensation negotiated to end a di
Page 30: divorced or excommunicated, an act
Page 33 and 34: Article 340 of the Jordanian Penal
Page 35 and 36: monitor women’s movements and kil
Page 37 and 38: mitigation, compensation for the he
Page 39 and 40: The discretion of the court to deci
Page 41 and 42: down for such cases. This applies t
Page 43 and 44: to properly determine the issue bef
Page 45 and 46: Table 1: Number & Percentages of Ca
Page 47 and 48: the police stations are not even eq
Page 49 and 50: Findings of the Research The findin
Page 51 and 52: When asked about the lack of filing
Page 53 and 54: Gujrat Gujrat also shows a similar
Page 55 and 56: community. Perhaps this has been on
Page 57 and 58: eporting it will do when registerin
Page 59 and 60: Jillani reiterated Justice Abbasi
Page 61 and 62: death and it was subsequently disco
Page 63: Lahore High Court The Lahore High C
Page 67 and 68: for conservative and biased interpr
Page 70 and 71: 6. Perspective of the Community Whi
Page 72 and 73: mindset and existing confining soci
Page 74 and 75: even if cases are brought to them,
Page 76 and 77: Role of the Community It is general
Page 78 and 79: court settlement is preferred. Such
Page 80 and 81: 7. Conclusion and Main Findings It
Page 82 and 83: 6. There are also problems with the
Page 84 and 85: 12. These precedents are not necess
Page 86 and 87: hold through these illegal forms of
Page 88: 24. The police can play a very nega
Page 91: The police system is in dire need o
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