Honor Killings Prosecution And Key Judgments
1. Introduction to Honor Killings and Legal Framework
Honor killings refer to the murder of a family member—often a woman—who is perceived to have brought “dishonor” to the family. These crimes are usually committed due to cultural, social, or patriarchal pressures.
Relevant Legal Framework in Pakistan
Pakistan Penal Code (PPC)
Section 302: Murder provisions.
Sections 304 & 337-A: Qisas and Diyat (retributive justice) laws that allowed pardoning by family members.
Criminal Law (Amendment) Act 2016 (Anti-Honor Killing Law)
Eliminates the ability of perpetrators to claim forgiveness from family members for murder committed in the name of honor.
Makes honor killings non-compoundable offenses, ensuring prosecution even if family pardons the murderer.
Human Rights Protections
Pakistani courts increasingly align rulings with international human rights standards protecting women from gender-based violence.
2. Key Honor Killing Cases and Prosecutions
Case 1: Samia Sarwar Case (1999)
Facts:
Samia Sarwar, a young woman in Peshawar, was killed by her father in a “honor killing” after she filed for divorce.
The murder was planned and executed by family members in a professional hit arrangement.
Legal Issues:
Murder committed under the guise of honor.
Challenge: Under old laws, family members could pardon the killer.
Court Proceedings:
The case drew national and international attention, highlighting gaps in the legal system.
The perpetrator initially escaped accountability because Sarwar’s family did not pursue the case.
Significance:
Triggered debates on reforming Qisas and Diyat laws.
Led to advocacy for laws criminalizing honor killings regardless of family pardon.
Case 2: Farzana Parveen Case (2014, Lahore)
Facts:
Farzana Parveen was thrown from the rooftop by her father and uncle for marrying against family wishes.
Incident occurred in broad daylight in Lahore and was widely covered by media.
Legal Issues:
Murder in the name of family honor.
Perpetrators attempted to justify actions under patriarchal norms.
Court Rulings:
The father and uncle were convicted under Section 302 PPC.
Court awarded death sentences, rejecting the claim of family forgiveness.
Significance:
Landmark case post-2016 law reforms.
Reinforced state responsibility in prosecuting honor killings regardless of family consent.
Case 3: Qandeel Baloch Case (2016, Multan)
Facts:
Social media celebrity Qandeel Baloch was strangled by her brother due to her public online persona and “immoral” behavior.
Legal Issues:
Honor killing motivated by societal expectations.
Defense argued cultural norms and family honor.
Court Rulings:
The brother was convicted and sentenced to death.
Court emphasized that cultural justification cannot excuse murder.
Significance:
Showed shift in judicial approach: honor killings treated as murder, not family matters.
Highlighted the protection of women’s rights over patriarchal norms.
Case 4: Noreen & Asma Case (2017, Islamabad)
Facts:
Two women were murdered by male family members for resisting forced marriage.
Legal Issues:
Honor-based killing.
Family tried to invoke forgiveness to avoid prosecution.
Court Rulings:
Court applied Anti-Honor Killing Laws 2016, convicting all accused.
Death sentences and long-term imprisonment awarded.
Significance:
Demonstrated that new laws prevent perpetrators from escaping accountability through family pardons.
Emphasized state’s duty to protect women against forced marriage and honor crimes.
Case 5: Saba Riaz Case (2018, Karachi)
Facts:
Saba Riaz was shot by her brothers for marrying a man of her choice.
Initially, local authorities attempted to classify it as a private dispute.
Legal Issues:
Whether honor killings can be treated under Qisas and Diyat or require independent prosecution.
Court Rulings:
Conviction under Section 302 PPC and Anti-Honor Killing Act.
Brothers received death sentences, highlighting judicial intolerance for honor-motivated murders.
Significance:
Reinforced that journalistic and civil society activism is important in pushing cases forward.
Shows the practical implementation of 2016 reforms.
Case 6: Samina Bibi Case (2019, Punjab)
Facts:
Samina Bibi was strangled by her husband and in-laws for resisting domestic control and marriage choices.
Legal Issues:
Murder in the name of “family honor”.
Attempted to exploit loopholes in the Qisas and Diyat laws.
Court Rulings:
Court applied 2016 amendments to override family pardon rights.
Death sentence for husband and life imprisonment for in-laws.
Significance:
Strong precedent for family and marital honor crimes.
Reinforced that gender-based killings are criminal offenses first, social disputes second.
3. Key Takeaways from Honor Killing Judgments
Legal Reforms Matter:
The 2016 Anti-Honor Killing Law is pivotal in removing the ability of family members to pardon murderers.
Judicial Precedents:
Courts increasingly reject cultural or patriarchal justification for honor killings.
State Responsibility:
Honor killings are prosecuted as murder, emphasizing state duty to protect citizens.
Punitive Measures:
Convictions now often include death sentences and life imprisonment, setting deterrent examples.
Civil Society & Media Impact:
Public awareness, media coverage, and advocacy groups have been crucial in pushing judicial accountability.
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