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

elationships; revenge; and meeting/friendship/conversation with
a man not from the family, etc.
10. The language of the FIRs also reveals a number of problems, e.g.
the language is extremely gender insensitive and displays a
dismissive attitude towards violence against women. Moreover,
there is also lack of relevant information. For example, there is
often little or no background information or observations of the
reporting officer on details of the incident for effective follow up
investigation. The FIR is extremely minimal. The language and
reporting of the incidents is surprisingly similar across the nation
without anything extra. The police do not seem to ask any further
questions, or ask for more information to give a complete holistic
report.
11. An examination of the reported case law from across the country
reveals an interesting contradiction. The Supreme Court has given
clear judgments stating that if a crime is committed with
premeditation, the plea of grave and sudden provocation may not
be available to the accused and, in fact, that mere suspicion of
illicit liaisons cannot be an excuse to commit murder and claim
mitigating circumstance for lesser punishment. Strong statements
were also made that if pleas such as grave and sudden provocation
were accepted without any evidence, it would give a licence to kill
innocent people. However, ironically, the Supreme Court did set a
contrary standard that if the accused is able to prove that he was
“deprived of the capability of self-control, or was swayed away by
circumstances immediately preceding the act of murder, or there
was an immediate cause leading to grave provocation” he may be
allowed a mitigation in his sentence. Therefore, the judgments do
leave some room for mitigation of sentence, but with a strict
standard.
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