Honor Killings/by T H Shah

Honor Killings By T H Shah Problems: 1.

Definition, Legislation, Cultural hurdles, Religious Trends

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Definition: Honor killings are a cultural manifestation that underpins most societies. “What honor killings does is to make woman lives’ conditional-on wearing the right cloths, on not speaking too loudly, on not being seen with wrong person, not even being the subject of rumor, for rumor enough to stain the family’s honor”

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Karo/Kari:

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Hadd: Terminologically it implies to stop someone from doing something, but in Islamic theology, it means the maximum and extreme punishment given to the culprit.

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Qisas: In Islamic theology, it means ‘Retribution’ i.e. the heir of victim can forgive the murderer in the name of God without receiving any compensation.

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Diyat: In Islamic theology, it implies Khun Behha (Blood Money) or compromise after receiving blood money from the murderer.

Both these terms are used to indicate the adulterer & adulteress.

Legislation General Assembly Resolution (34/180) CEDAW (Declaration on Elimination of all form of Discrimination against Women) American Declaration On Human Rights (Article 5) European Convention of Human Rights (Article 2) African Charter on Human & People Rights. The Constitution of Pakistan 1973 (Articles 8, 9, 20, 24(a) 25 The verses of Holy Quran on killings. Sura Al-Ahzab

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Selected Articles Universal Declaration on Human Rights On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories." Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3. Everyone has the right to life, liberty and security of person Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Selected Articles of UNO Charter Its preambles states that “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and Article 76 to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards selfgovernment or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement” to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world. Declaration on the Elimination of Violence Against Women Article 1 For the purpose of Declaration, the term “violence against women” means any act of gender-based violence that results in, or is likely to result in, physical, sexual or

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psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” Article 3 Women are entitled to equal enjoyment and protection of all human rights and fundamental freedom in the political, economic, social, cultural, and civil or any other field. These rights include inter alia: Right to life, Right to equality, Right to liberty and security of person, The right to be free from all form of discrimination, The right to equal protection under the law. The relevant Articles of the Constitution of Islamic Republic Of Pakistan Article 8 “Any law or custom or usage having force of law inconsistent with Fundamental Rights shall be void” Right to life & liberty Articles 9 “No person can be deprived of life or liberty, save in accordance with law” Religious freedom Article 20 “Every citizen has the right to believe, practice and propagate their religion” Article 24 “No person can be deprived of her/his property compulsorily. If property, land is needed in public interest, then the government has to give reasonable compensation to the owner.”

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Honor Killing Once during the reign of King George IV in Great Britain, people requested to the King for the elimination of mugging in the country. The King immediately wiped out the mugging by legalizing the act. Ironically, the issue of ‘honor killing’ has been dealt with the same fate in our country where, until recently, the democratic and military regimes have been making efforts to eradicate this malice by legalizing the crime. However, it is under the current government’s policy initiatives to repeal all the existing discriminatory laws and policies against the women, President Musharaf has been promulgated the bill against honor killing after getting approval from Senate and National Assembly of Pakistan. The issue of ‘comprehensiveness’ of this piece of legislation will remain debatable; however, at least it’s a fair stride towards creating a better living environment for country’s 52% population. The Amnesty International Report states, “Women & girls in Pakistan continue to be subjected to abuses in home, the community and in the custody of the state. Impunity for such abuses persisted. Very poor women and women from religious minorities were particularly vulnerable to violence in the community and home. According to the local human rights organization, Lawyers for Human Rights and Legal Aid, at least 631 women and six girls died in “honor killings” in the first eight months of the year. About half of these deaths were reported in Sindh province. Many more killings went unreported in Baluchistan and NWFP. In September, Riasat Bibi was killed in Peshawar. Her father accused her former fiancé of the killing. However neighbors believe that she was killed by her own family for choosing her marriage partner. No one has been arrested for her murder by the end of the year. Honor killing is not only the problem of Pakistani social cultural milieu; it has crept into western society as well. Weekly magazine “The Review” of daily English Newspaper Dawn dated: 09-12-04, has published detail article under title “Death before dishonor” The magazine has published many stories of honor killings in UK. Nature & Definition of Honor Killing:The nature and definition of honor killings has no unanimous definition due to cultural divergence as Professor Haleh Afshar of York University defines it as:“Honor killing is a particular cultural manifestation of values that underpins most societies” According to the Activists, “Honor killing is a matter of culture, no single reason can be ascribed to its perpetration”

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A prominent writer Diana Niami says, “Honor killing is not about one woman; it is about an entire gender.” She adds, “What honor killings does is to make woman lives’ conditional-on wearing the right cloths, on not speaking too loudly, on not being seen with wrong person, not even being the subject of rumor, for rumor is enough to stain the family’s honor.” The main justification behind committing honor killings is the idea that death can expunge a stain, especially if accomplished quickly quietly. Honor killing is often the result of a collective decision by the community, and may be openly or tacitly sanctioned by the state. Human Rights Watch defines honor killings as follows”“Honor crimes are acts of violence, usually murder, committed by male family members against female family members who are perceived to have brought dishonor upon the family” A renowned Pakistani journalist and fellow of Harvard University Asia Centre, Nasim Zehra defines it as: “So called ‘honor killing’ means a cold-blooded murder pf women. These murders are carried out supposedly as punishment for extra-marital relations or refusal to abide by parent’s choice of husband” In the same context, Amnesty International remarks that, “The mere perception that a woman has contravened the code of sexual behavior damages honor. The regime of honor is unforgiving: women on whom suspicion has fallen are not given an opportunity to defend themselves, and family members have no socially acceptable alternative but to remove the stain on their honor by attacking the women” Honor Killing as cultural practice Sharif Kanaana, Professor of anthropology at Birzeit University defines it as, “Honor killing is a complicated issue that cuts deep into the history of Arab society….. What the men of family, clan, or tribe seek control of in a patrilineal society is reproductive power. Woman for the tribe were considered a factory for making men. The honor killing is not a means to control sexual power or behavior. What’s behind it is the issue of fertility, or reproductive power”

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The Muslim Council of Great Britain has issued a statement that “Honor killings are in no way, shape or form condoned by Islam” and, emphasizes that they are a pre-Islamic customs’. The Council’s Statement adds that honor killing is not in reality inspired by questions of female virtue, but by the desire for ‘domination, power and hatred of women’. The Council does acknowledges, though, that the reluctance of some Muslims to address honor killings “In a forthright and unapologetic manner, is borne out of an inherent distrust of perceived ‘Western’ attempts to taint the image of Islam.” It can be inferred from the above definitions that “Honor killing is the practice of males killing their female relatives or spouses when the female relative or spouse is considered to have damaged the family honor through unwarranted sexual activity. The males involved in the sexual activity, which might have been a rape, are not adversely affected, in general” History Honor killings have been known since ancient Roman times, when the paterfamilias retained the right to kill an unmarried but sexually-active daughter or adulterous wife. Crimes of passion which are similar to honor killings persist in Europe and Western countries. Moreover, in barbaric Arab societies, the girls were buried to protect the family honor. Honor killing is not only the phenomenon of Muslim society, but it has been found in Non-Muslim society as well. As of 2004, honor killings have taken place in numerous Muslim countries including Bangladesh, Egypt, Jordan, Morocco, Palestine, Turkey, Iran, Iraq, Pakistan and Uganda while the Non-Muslim countries include Brazil, Ecuador, India, Italy, U.K. Sweden etc. Honor Killing In Pakistani Society Commenting over the phenomenon of honor killings in Pakistan, U.S Department Of State comments in its report under heading ‘Country Reports On Human Right Practice -2003” 25th February 2004 “Domestic violence against women, rape and abuse of children remained serious problems. The Government publicly criticized practice of “Honor Killings” but such killings continued. Discrimination against women was widespread, and traditional social and legal constraints generally kept women in a subordinate position in society.” The report says that, “Honor killings were a problem. Human Rights Organizations estimated that at least 631 women and girls were killed by family members in so-called honor killings; however, many more women are believed to be affected by this crime. According to UNICEF, about half the honor killing deaths took place in Sindh, and it is believed that many more cases go unreported in Baluchistan and NWFP. For example, police exhumed the body of

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Afsheen Mussarrat in Punjab after the President ordered the investigation into her death. One doctor told a newspaper, “We have found marks of torture on the body. Half of the body was blue, suggesting electrocution.” In August, a woman and her four daughters were killed in Muridke allegedly by an uncle because he doubted their modesty. During the year, police made no arrest in connection with the 2002 killing of Mehvish Miankhel. “Domestic violence was widespread and serious problem. Human rights groups estimated that a large number of women were victims of domestic violence at the hands of their husbands, in-laws, of other relatives. According to the HRCP, one out of every two women was the victim of mental or physical violence. The National Commission On the Status Of Women reported in 2001 that violence against women ‘has been described as the most pervasive violation of human rights’ in the country, and it called for legislation clearly stating that domestic violence against women is criminal offence. Husbands were known to kill their wives even for trivial offences, and often newly married woman were abused and harassed by their in-laws. While abusers may be charged with assault, cases were rarely filed. Women were reluctant to file charges because of social mores and stigmatize divorce and make women economically and psychologically dependent on their relatives” It becomes crystal clear from above reference, that in maximum cases women are murdered in the name of honor whereas the underlying factors behind their killings stand different. For example, the report states that, “During the year, the press reported in hundred of incidents of violence against women, and drew attention to the killings of married women by relatives over dowry or other family-related disputes. Most of the victims were burned to death, allegedly in kitchenstove accidents; some women reportedly were burned with acid. For example, Mohammed Sajid was convicted of attacking and blinding his 17-years-old fiancée with acid in Punjab. During the year, in Punjab, 99 burn cases were reported” Moreover, the country socio-cultural fabric of society, unfortunately, sanctions honor killings. There were numerous reports of women killed or mutilated by male relatives who suspected them of adultery. It is reported that at least 631 women were killed as a result of honor killings known as “Karo/Kari” or (adulterer/Adulteress) in Sindh, during the year. Approximately, 102 killings took place in Punjab according to HRCP. The problems were even more extensive in rural Sindh & Baluchistan where “Karo/Kari” killings were common. Tribal customs among the Baluch and Pathans sanction such killings. Commenting over honor killings, Nasim Zehra says that “The extent and role of religion in state and political matters remains a key matter in most of South, West and Central Asia. Pakistan is no exception, especially when it comes to issues that relate to women. Often tribal customs based on brute power and control psyche are sustained in the name of religion.” BRIEF OVERVIEW

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The main target under honor killings, have been women as they are killed on violating family traditions, or religious norms. Because women who have married without family’s consent have been raped or are suspected of pre-marital sex or adultery can be victim of honor killings. The Washington Post holds the same views about honor killings. On the issue of honor killings, there is an intense pressure on the part of human right activists who demand its immediate repealing or amendment. They view that the parliamentarians can play their effective and forceful role in removing the hurdles causing legislation difficult on the subject. The Daily Dawn entertains the same opinion. The quantum of honor killings is increasing continuously in the urban society of Sindh, and it has become hotbed of honor killings. The newspapers in Sindh are usually replete with stories of kidnapping and honor killings. Legitimacy for such murders stems from a complex code of honor ingrained in the consciousness of some sectors of Sindhi & Baloch society, in particular, and entire Pakistani society, in general. The Pakistan Observer writes the same in its editorial. Legislation on honor killings in various countries Countries that allow husbands to kill only their wives include: Morocco:Where Article 418 of the Penal Code states “Murder, injury, and beating are excusable if they are committed by a husband on his wife as well as the accomplice at the moment in which he surprises them in the act of adultery” Haiti:Where Article 269 of the Penal Code states that “in the case of adultery as provided for in Article 284, the murder by a husband of his wife and /or her partner, immediately upon discovering them in flagrante delicto in the conjugal abode, is to be pardoned” Turkey:In Turkey, murders laws formerly contain a specific provision for reduction in sentence from a maximum of 24 years imprisonment to 8 years if the perpetrator was “provoked” The sentence was raised to 24 years in 2003. After European Union pressure, Turkey prohibited family members from being able to claim “provocation: and thereby receive lighter sentence. In two Latin American countries, similar laws were struck down over the last two decades. According to human rights lawyer Julie Mertus “In Brazil, until 1991 wife killings were considered to be non-criminal “honor killings”, in just one year, nearly eight hundred husbands killed their wives. Similarly in Colombia, until 1980, a husband legally could kill his wife for committing adultery. International Treaties On Honor Killings As in honor killings, the main affectee is woman; International Law explicitly states that, 1. “The women have same rights freely to choose a spouse and enter into marriage with their free and full consent” (General Assembly Resolution 34/180 Convention on the elimination of all forms of discrimination against women) Please note that in many countries including Pakistan, women are murdered for entering into marriage with their free and full consent while International Law prohibits such killings.

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2. In honor killings, women are murdered in very inhuman and ferocious manners. On this the Article 5 of The American Declaration on Human Rights 22 November, 1969, states, “No one should be subjected to torture or to cruel inhuman, or degrading punishment or treatment” 3. In many cases, women are killed for not granting share in family property especially in feudal societies like Pakistan and India. In this connection, the Article 14 of African Charter on Human & Peoples Rights adopted on 27th Jun, 1981, states, “The right to property should be guaranteed. It may only be encroached upon in the interest of public need in the general interest of the community and in accordance with the provision of appropriate law” 4. European Convention On Human Rights 21st September, 1970 is staunch opponent to the killings of human beings. Its Article 2 states that “everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of sentence of a court following his conviction of a crime for which this penalty is provided by law” Similarly its Article 3 states that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment” From above-stated legislation, it becomes crystal clear that “killings” in any form are prohibited by international law. Status of honor killings in Islam Islamic law prescribes severe punishment for Zina’ (Extramarital sex) by both men and women; premarital sex may be punished by up to 100 lashes, while adultery is punishable by stoning. The fact however be attested by at least four witness of good character, punishments are reserved to the legal authorities, and false accusations are themselves punished severely. The term “honor killing” refers specially to extra-legal punishment by the family against the woman, and as such if forbidden by sharia. Anyhow interpretations of these rules vary. According to Sheikh Atiyyah Saqr, former head of the al-Azhar University Fatwa Committee (one of the oldest and most prestigious in the Muslim world): “Like all other religions, Islam strictly prohibits murder and killings without legal justification. Allah, Most High, says, “Whoso slayeth a believer of set purpose, his reward is Hell for ever. Allah is worth against him and he hath cursed him and prepared for him an awful doom.” (An-Nisa: 93) The so-called honor killing is based on ignorance and disregard of morals and laws which can not be abolished except by disciplinary punishment.” Legal background of honor killings in Pakistan 1. Constitution of Pakistan:The currently enforced 1973 Constitution is the supreme law of the country. Article 8 to Articles 28 of the 1973 Constitution describe the Fundamental Rights which are to be available to all citizens, women as well as men wherever they may be as well as all people in Pakistan. The Article 9 of the Fundamental Rights says that, “No person shall be deprived of life or liberty save in accordance with law”

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According to this article hone killings is a crime. Sometimes the causative factors behind hone killing are property & wealth as in feudal society, the Article 24 of the Constitution states that “No person shall be deprived of his property save in accordance with law” Honor killings also occur for the female’s choice of her male partner and Islam permits both the sexes to have freedom in this sphere of their lives. The constitution of Pakistan fully provides religious liberty to both men and women. The Article 20 (a) states that’ “Every citizen shall have the right to profess, practice and propagate his religion. The Constitution of Pakistan abolishes any form of domination and guarantees full and equal status to every citizen of the state. The Article 25 states that, “All citizens are equal before law and entitled to equal protection of law and that there will be no discrimination on the basis of sex alone.” In Pakistan, honor killings are supposed to be prosecuted under ordinary murder, but in practice police and prosecutors often ignore it. Consequently, on October 26, 2004, Pakistan’s lower house of Parliament passed a bill that would make honor killings punishable by a prison term of seven years and the death penalty in the most extreme cases. The bill must be approved by the upper house before becoming a law. The bill was introduced by Pakistani President Pervez Musharraff due to the hundred of honor killings that occur each year in Pakistan, government officials reported. Nilofer Bakhtiar, advisor to Prime Minister Shaukat Aziz, stated that in 2003, as many as 1,261 women were the victims of honor killings. Analysis of Recent Legislation on Honor Killings The Pakistan Government razed the Criminal Law (Amendment) Bill 2004 against “honor killings” in the National Assembly and adopted it on 26 October 2004 without any debate amidst opposition walkout. While the bill has for the first time acknowledged the existence of this barbaric practice of honor killings, it is far from addressing the real issue of impunity which encourages the practice. Criminal Law Amendment Act, 2004 and its provisions: The statements of objects and reasons of the Bill states that “issue of honor killings and other honor crimes committed in the name of ‘karo-kari, siyah-kari and similar other customs has always been a matter of concern of human rights organizations and the public which has assumed more significance in recent years. The Criminal Law Amendment Act, 2004 which presupposes amendments of Pakistan Penal Code 1860, enhances punishment for the offence of murders carried out in the name of honor. However, the word ‘honor killing’ has been replaced with ‘honor crime’ to make it mild and acceptable to various sections of the society. Under amended Section 299, Act XLY of 1860 PPC, honor crime will mean a offence committed in the name of ‘Ghairat’ or for ‘vindication of ghairat and includes honor killing and the offence committed in the pretext of karo-kari, siyah-kari or similar other customs” In clause ‘m’ it seeks to add at the end words ‘other than the person who has murdered the victim’ Under amended section 302, Act XYL of 1860, honor crimes carry a maximum imprisonment of 25 years and not less than 10 years for the offence. Amended Section 302 and 331 of the PPC prohibit giving a girl in marriage as ‘badla-i-sullah’ and any offence under these sections carries maximum punishment of 14 years imprisonment and a minimum of not less than seven years of imprisonment.

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Amendment to section 324 seeks to include the hurting of a victim as an honor crime. Similarly; Ta’zir shall not be less than one-third of the maximum imprisonment provided for the hurt caused and shall not be less than half of such imprisonment term if the hurt caused relates to honor crime. The Bill further provides that for investigation of an offence under section 295-C pf PPC for blasphemy, no officer below the rank of superintendent of police (SP) will be eligible. An amendment to the section 56B envisaged that no police officer below the rank of SP shall investigate the case of woman accused of the offence of adultery. Qisas & Diyat Law prevails: The Criminal Law Amendment Bill 2004 against honor killing, however, did not address the real issue of waiver or compounding in which the perpetrators were given the advantage of seeking forgiveness from the heir of the victim. The major flaw in the Qisas and Diyat law, which covers all offence against human body, is that it makes such offences compoundable (open to compromise between two parties) by providing for qisas (retribution) or diyat (blood-money) The heir of victim can forgive the murderer in the name of God without receiving any compensation or diyat (Section 309), or compromise after receiving diyat (Section 310). Most honor killings are committed by blood relatives or husband of the woman. According to the Human Rights Commission of Pakistan, the person accused of honor killings between 1998 and 2002 involved 462 people who were brothers, 392 who were husbands, 217 persons were relatives, 103 persons who were fathers, 58 persons who were sons, and 44 unknown persons. In either cases, if and when the case reaches the court of law, the victim’s family may pardon the murderer (who may will be one of them), or be pressurize to accept (diyat) as compensation. Thus murderer goes scot-free. Impunity has been the single most factor encouraging honor killings. As the Criminal Law Amendment Bill does not issue of waiving and compounding, the perpetrators will continue t be able to escape punishment. The Supreme Court Of Pakistan in various judgments reiterated that “Neither the law of the land nor religion permits so-called ‘honor killing’ and amounts to intentional murder (qatl-i-amd)” Noting that such vile and iniquitous acts violate the fundamental rights enshrined in the Article 9 of the Pakistan Constitution which provides that no person shall be deprived of life or liberty except in accordance with law. Article 8 of the Constitution of Pakistan provides that “Any law, or any custom or usage having force of law, in so far as it is inconsistent with the rights conferred by this Chapter (Fundamental Rights), shall, to the extent of such inconsistency, be void” The failure to uphold the right to life guaranteed under the constitution is at the heart of the crisis, not lack of provision in the Pakistan Penal Code to combat honor killings. Unless the senate take measures to amend the Criminal Law Amendment Bill 2004 to ensure that state takes the responsibility for registering, investigating, and prosecuting the accused of honor killings without any scope for waiver or compounding under Qisas & Diyat Law, cosmetic gesture is unlikely to be able to curb cultural cruelties. It can be concluded from above discussion that the struggle against the crime of honor killing will not end with the passage of a bill, but it would be a necessary step towards ending custom that drains human behavior of all principles set by humanity and religion.

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Creating public awareness regarding the crime of honor killing, its roots and means to end it using logical and Quran-based arguments is necessary. In Pakistan, since the early nineties women’s and human rights organizations and media have consistently created public awareness and also attempted to exercise social pressure on the political and politico-religious groups to end honor killings. Muslim Family Laws (MFL) The Muslim Family Laws Ordinance 1961 introduced reforms to various aspects of the classical law. The reforms concern the registration of marriage and divorce, inheritance rights of orphaned grandchildren, restrictions on polygamy, consideration of every talaq (except the third of three) as single and revocable, formalization of reconciliation procedures in disputes relating to maintenance or dissolution of marriage, and recovery of mahr, along with specified penalties for non-compliance. The MFLO introduced marriage registration and provides for penalties of fines or imprisonment for failure to register. However, a Muslim marriage is still legal if it is contracted only according to the religious requisites. The MFLO also instituted some limited reforms in the law relating to polygamy, with the introduction of the requirement that the husband must submit an application and pay a fee to the local Union Council in order to obtain prior written permission for contracting a polygamous marriage. The application must state the reasons for the proposed marriage and indicate whether the applicant has obtained the consent of the existing wife or wives. The chairman of the Union Council forms an Arbitration Council with representatives of the existing wife or wives and the applicant in order to determine the necessity of the proposed marriage. The penalty for contracting a polygamous marriage without prior permission is that the husband must immediately pay the entire dower to the existing wife or wives as well as being subject to a fine and/or imprisonment; any polygamous marriage contracted without the Union Council’s approval cannot be registered under the MFLO. Nevertheless, if a man does not seek the permission of his existing wife or the Union Council, his subsequent marriage remains valid. Furthermore, the difficulty in enforcing resort to the application process to the Union Council, combined with the judiciary’s reluctance to apply the penalties contained in the MFLO (as indicated by the case law), tend to restrict the efficacy of the reform provisions. This has led some observers to describe the provisions requiring the permission of the Arbitration Council as a mere formality?. The Offence of Zina (Enforcement of Hudood) Ordinance 1979 introduced the concepts of fornication and adultery into criminal law. The Pakistani Penal Code had not afforded any recognition to fornication as a crime, and adultery was only defined as an offence under section 497 if a man had intercourse with the wife of another man without his permission; the woman involved bore no criminal liability. The Zina Ordinance provides for severe penalties for committing adultery or fornication, and reiterates the classical distinction between married and unmarried parties in determining punishments. Thus, the hadd punishment for a married person convicted of zina is rajm, stoning to death, a penalty that has not been carried out by the state, and the hadd for an unmarried person found guilty of zina is one hundred lashes in a public place. The Ordinance also makes a distinction between tazir and hadd punishments for zina, as hadd punishments are generally more severe and require a more rigorous standard of proof. If the accused confesses to the crime, or if there are four pious adult Muslim male eye-witnesses to the

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actual act of penetration, the hadd penalty may be applied. Often the higher standard of evidentiary requirements is not met, and if there are other complications as well (appeals, retractions of confessions, etc.), the usual course has been to apply tazir punishments, defined as imprisonment for up to ten years, thirty lashes, and a fine. Frontier Post, Dated: 5th January 2005 President signs new law F.P. Report ISLAMABAD: President Pervez Musharraf Tuesday signed the Criminal Law (Amendment) Bill 2004 making it an Act. The law proposes enhancement of punishment for honor related crimes committed in the name of Karo Kari, Siyah Kari and such other practices. The law is also aimed at stopping misuse of blasphemy law and Hudood ordinance as the level of investigation has been raised to Superintendent of Police (SP). The law also allows arrest of woman accused of adultery with the permission of court. The Criminal Law (Amendment) Bill, amending the Pakistan Penal Code and the Criminal Procedure Code and prescribes up to the death penalty for honor-killings the National Assembly on October 26, 2004 and by the Senate on December 7, 2004. Five amendments moved by Muttahidda Majlis-e-Amal Senators were rejected during the debate on the Bill.

(The writer is associated with the PFP as Director Research. He could be contacted at:[email protected])

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Short Legislative Points for Curbing Honor Killings Honor killings are not justified not only in the international conventions, but in the customary law of various countries. The international conventions like CEDAW, American Declaration on Human Rights, European Convention on Human Rights and African Charter on Human & People Rights, all condemns killing of human being in any form. Honor Killings are also prohibited and criticized in the customary law of various Muslims countries like Morocco, Jordan, and Turkey etc. The Constitution of Pakistan also prohibits killings of human beings and ensures protection for every one irrespective of any sex under Article 8, 9, 24, 20 (a) 25. The religion of Islam is quite explicit on the illegal killings of human being and terms it ‘Qatal-e-Amd’ There are many judicial decisions and legal commentaries given on the cases of Honor Killings. In this concern, the judicial decisions of higher courts deserve special importance. The case references are, (PLD 2002 SC 96) / (2000 SCMR 406) / (2001 PCRL 1766) (1998 PLDC SC 633) Amendment Bill of October 2004 recently ratified by the President of Pakistan General Pervez Mushraf on honor killings. This legislative measure proposes enhancement of punishment for honor related crimes committed in the name of Karo Kari, Siyah Kari and such other practices. The law is also aimed at stopping misuse of blasphemy law and Hudood ordinance as the level of investigation has been raised to Superintendent of Police (SP). The law also allows arrest of woman accused of adultery with the permission of court. The Criminal Law (Amendment) Bill, amending the Pakistan Penal Code and the Criminal Procedure Code and prescribes up to the death penalty for honor-killings the National Assembly on October 26, 2004 and by the Senate on December 7, 2004. Even then, there are some flaws in the amended bill concerning Qisas & Diyat The Criminal Law Amendment Bill 2004 against honor killing, however, did not address the real issue of waiver or compounding in which the perpetrators were given the advantage of seeking forgiveness from the heir of the victim. The major flaw in the Qisas and Diyat law, which covers all offence against human body, is that it makes such offences compoundable (open to compromise between two parties) by providing for qisas. If and when the case reaches the court of law, the victim’s family may pardon the murderer (who may will be one of them), or be pressurize to accept (diyat) as compensation. Thus murderer goes scot-free. Impunity has been the single most factor encouraging honor killings. As the Criminal Law Amendment Bill does not issue of waiving and compounding, the perpetrators will continue to be able to escape punishment. Main Problematic Point: It is a matter of great concern that the rights ‘Qisas & Diyat’ have been given according to the teachings of Holy Quran and the Constitution of Pakistan 1973 provides number of Islamic Provisions including adoption of laws in accordance with the teaching of Holy Quran and Sunnah of the Holy Prophet. The main contradiction develops when Qisas & Diyat laws provide laxity and motive to the criminals of honor killings, while Qisas & Diyat laws can not be amended for having Islamic nature and base. In addition, it will amount to contradicting the constitution. This

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point demands debates not only from parliamentarians, members of civil societies, but from all the scholars of religious sects. (The writer is associated with the PFP as Director Research. He could be contacted at:[email protected])

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Analysis of Recently Signed Honor Killings Bills 5th January 2005 President General Pervez Musharraf on Tuesday signed a Criminal Law (Amendment) Act 2004, which provides the death penalty or 25 years imprisonment to the perpetrators of so-called honor killing. This heinous and archaic practice has earned much infamy for Pakistan on the international front and has thrived thanks mostly to the failure of previous governments in dealing with the reasons for its proliferation. Girls and women in Pakistan have long borne the brunt of this custom, killed by relatives for offences that are considered to have dishonored the family, like illegitimate sexual liaisons, or even the suspicion of such liaisons. Marrying without the family's consent is also sometimes considered such an offence - as illustrated horrifically by the murder in Khanewal shortly before the President signed the Act. Five brothers killed their sister, her husband and their two-year old child, along with two others in the house, because the sister had married against their wishes. Such murders are also used to disguise other motives, like property, or anger at the bride's failure to bring adequate dowry. The recent amendment to the existing criminal law enhances the punishment for crimes in name of honor, and also attempts to curtail the misuse of the blasphemy law and the Hudood Ordinance. A Superintendent Police (as opposed to a lower-level policeman) will now investigate such offences, and women accused of 'zina' may no longer arrested without the court's permission. A lacuna that has been criticized is that the law still treats 'honor' killing as a compoundable crime, meaning that the victim's relatives may come to an agreement (razinama) with the murderer, or accept money as compensation. Women's rights groups as well as the opposition thus criticize the law as inadequate, holding that instead of a relative, the state should have been made the 'wali'. This point certainly needs further debate, and it would augur well for the country's polity if the government were to agree with the opposition on an issue that has nothing to do politics and power sharing, and has strong ramifications with regard to the moderate image we are trying to project. Besides flawed notions of 'honor', another issue that fuels such murders is the 'jirga' system, which often condones them - as television viewers were reminded during a talk show on a Sindhi channel recently, in which Sardar Manzoor Ali Khan Panhwar, Provincial Minister for Livestock and Fisheries, Sindh, asserted that 'eighty percent of karo-kari murders are justified in the name of honour'. If a sitting minister can openly make such statements with no expectation of being brought to book, it is no wonder that people engaging in such practices have no compunction either. The Sardar justified the jirga system by saying that ordinary people need it because the regular courts are too time-consuming. While acknowledging the truth of this point, the government should be trying to improve the legal system rather than allowing its functionaries to justify a system that is the prime protector of the tradition of honour killings and whose natural ally is the local feudal lord - who incidentally, has an interest in perpetuating this system as he gets paid large sums for his decision-making role. 'Honour' killing will only be stopped when the jirga system and the supra-legal authority that it exercises is curtailed and brought under the fold of the country's legal system. Until then all efforts to eradicate such murder will merely amount to shooting in the dark. (The writer is associated with the PFP as Director Research. He could be contacted at:[email protected])

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