In view of all details as mentioned in previous parts, law makers unanimously adopted the Anti- honor killing bill in a joint session of parliament. The bill mandates life terms for those who kill for “honor”. If a person kills someone in the name of honor, he or she will get the mandatory 25 years prison term. Making it more severe, it has been proposed that the accused will get life imprisonment even if he or she gets waiver under Qisas and Diyat. The new Law only allows family members to pardon the killer and save him or her from the death penalty. However, the murderer would still face a mandatory sentence of life imprisonment if convicted of the killing.
Pakistan plugged a legal lacuna that allowed perpetrators of so-called ‘honor killings’ to go unpunished as it allows the judge to prevent the accused from seeking forgiveness by raising the principle of ‘Fasad-fil-Arz’. When attracted, this will also guarantee that the offender serves a life sentence at the very least. Nevertheless, with such great discretionary powers being afforded to judges, judicial training and counseling from higher courts on dealing with such cases will prove crucial.
Rightly, the penal court definition includes crimes in the name or pretext of honor. What has been added to the judge’s power is that he will have no choice but to sentence the accused to life imprisonment if the principle of Fisad-Fil-Arz is attracted. The main irritant is still there that is linking honor to compromise between the party and forgiveness of the accused. The new law has provided the Judge with powers to dispense with forgiveness and compromise by declaring this crime as Fisad-Fil-Arz on invoking it if found guilty the offender would be served the term of minimum sentence of life.
Supreme Court of Pakistan has provided clear cut unambiguous guideline which clearly interprets the law and its application to ensure justice in case of honor killing. Furthermore, the government should become complainant of the victim in honor killing cases as this will show government’s commitment. Unless the legal framework accepts a heinous crime as heinous without moral, societal connotations associated with it there will be no justice neither seen nor done. All arms of criminal justice should not miss this catalyst change which our collective conscience needs.
While analyzing honor killing cases particularly in Sindh it transpired that from 2011 to 2016 a total of 1040 cases were registered out of which only 147 have been convicted while 47 acquitted. During analysis it transpires that the incident of honor killing are constantly falling down and the conviction rate is better in Sindh than Punjab. This is due to two main reasons that the Government in Sindh has tackled this issue very positively and made a special cell in IGP office and Home department Sindh which is following the cases very vigorously. Police prosecution and Judges have been made cognizant of the importance of this heinous crime and its connotation in international area. These training were possible with the help of different NGOs which are working more progressively in Sindh because of the issue of karo-kari.
Sindh Police management has been conscious of the problem of honor killings and various disjointed solutions have been attempted to address the issue and develop police response in management of such cases. Sindh police have systematized conferences, workspaces and short duration training courses either on their own or in collaboration with reputable NGOs and other international organizations. Women police stations were established to expedite protection of the potential victims of violence against women and promptly respond to the desecration. Women police desks and human rights cells have been established in selected districts to address the women-specific issues requiring police intercession. Efforts have been made to increase ratio of female police officers in the province. Standing Orders for dealing with violence against women has been issued for strict compliance. Occasionally police have been assisting the NGOs dealing with cases of violence against women including those involving killings in the name of honor. One such project is the Madadgar Helpline in Karachi funded by the UNDP.
Increase in women judges, women police and women prosecutors are essential for provision of justice to female community
By virtue of strong connection between financial realities and honor killing, precise legislation should focus to irritate the chances for conducting hereditary transactions in relations to honor killing. In some cases the individual are murdered in implying honor killing by progenitor who would receive an inheritance from the deceased. The law should disinherit any person who is the one who acquire the property on the death of accused. This would certainly end the motivation for unjust provocation.
Education institution should include in their curriculums a mandatory segment on religion, prescribing that honor killing is not disregarded but in fact goes against religious values. Other helpful facilities that government can provide include detentions educational centers where under age perpetrators can be educated on the implications of legal and human rights.
In addition, state should provide security to the dependents of honor killings. Examinations of the legal system and its progression, growth in Pakistan cannot be complete without taking into account the issue of access to justice. Critics have proclaimed that there is a general dearth of credibility in judiciary and there is an extreme low level of connection with the courts singularly on part of female respondents.
Adjournments in disposal of cases especially lower courts is a traditional problem which amounts to denial of justice which cause litigants consideration of approaching courts as a bad idea. Complication of case management in courts to provide hindrance and blockage to justice institutions, forces the litigants towards a Jirgas and Punchayts which take pride in speedy justice.
Dearth of female judges in the country possibly effects women’s consent to file complaints. Presence of female judges on a bench may significantly affect the outcome of cases involving women, as they are likely to be in a position to empathize with women and brings a different voice to the process of judging. The same problem besets a police station that is first point of contact for a victim. According to a survey by Common Wealth Human Rights Initiative (CHRI).Women police officer makeup less than 2% of the total police force in Pakistan. Hence increase in women judges, women police and women prosecutors are essential for provision of justice to female community.
Role of SHO from the time he receives the facts or learns about the incident of honor killing, he should promptly and forthwith start proceeding towards the scene of crime and immediately accomplished the duty to arrest the accused by using strenuous physical and mental efforts.
Government must promote and support a strategic and holistic approach to addressing honor killings in societies and communities where it is tolerated. A strategic approach involving coordinated educational, political, legal, economic and cultural effort to promote gender equality to address society’s attitude and values with respect to masculinity. Identify, mobilize and support internal forces for social change.
Ghania Usman was formerly associated with Army Public School (APS) Bahawalpur / Saud Bin Ahsen is a freelancer