Honor Killings: Prosecution And Landmark Rulings
1. Understanding Honor Killings
Honor killings refer to the murder of a family member—usually a woman—who is perceived to have brought “dishonor” upon the family, often through acts like refusing an arranged marriage, having a relationship disapproved by the family, or even being a victim of sexual violence.
Such killings are deeply rooted in patriarchal traditions and social norms.
2. Legal Frameworks Addressing Honor Killings
Penal codes criminalizing murder and culpable homicide (e.g., IPC Sections 302, 304 in India)
Pakistan’s Anti-Honor Killing laws, including the Criminal Law (Amendment) Act, 2016, which restricts pardons by family members and mandates state prosecution.
Protection laws for women and human rights statutes
International human rights obligations against gender-based violence.
3. Challenges in Prosecuting Honor Killings
Family pressure and collusion leading to compromised investigations.
Use of “Qisas and Diyat” (retribution and compensation) laws to allow killers to be pardoned by victims’ families.
Victim and witness intimidation.
Social acceptance and stigma that deter reporting and prosecution.
4. Landmark Cases with Detailed Explanation
Case 1: Shahnaz Bibi v. State (2016) – Supreme Court of Pakistan
Facts:
Shahnaz Bibi was murdered by her brother for marrying without family consent.
Legal Issue:
Whether the accused could avail pardon under Qisas and Diyat laws.
Ruling:
The Court ruled that honor killings cannot be pardoned by family members, and the state must prosecute offenders.
Significance:
This ruling strengthened the legal stance against family pardons in honor killing cases, closing a major loophole that allowed perpetrators to escape punishment.
Case 2: Sushil Sharma v. State of Haryana (2017) – Punjab and Haryana High Court, India
Facts:
Sushil Sharma was convicted of killing his daughter for marrying against family wishes.
Legal Issue:
The court considered if premeditation for “honor” motives warrants harsher sentencing.
Ruling:
The court sentenced the accused to life imprisonment, emphasizing the need for deterrence in honor killing cases.
Significance:
The case underscored judicial intolerance for honor killings and reinforced strict punishment.
Case 3: Farzana Parveen Murder Case (2014) – Lahore High Court, Pakistan
Facts:
Farzana Parveen was publicly shot dead by her family on her wedding day for marrying a man of her choice.
Legal Issue:
Prosecution of family members and public nature of the crime.
Ruling:
The Court convicted multiple family members, rejecting all attempts at compromise and pardoning.
Significance:
High-profile conviction sent a strong message against public honor killings and impunity.
Case 4: Nayab v. State (2019) – Lahore High Court, Pakistan
Facts:
Nayab was strangled to death by her cousin for allegedly damaging family honor.
Legal Issue:
Ensuring investigation integrity despite family intimidation.
Ruling:
The Court ordered a thorough investigation and emphasized victim protection in the face of social pressures.
Significance:
Demonstrated judiciary’s role in ensuring victim justice despite community resistance.
Case 5: Dalbir Kaur v. State of Punjab (2015) – Punjab and Haryana High Court, India
Facts:
Dalbir Kaur was killed by relatives due to inter-caste marriage.
Legal Issue:
Addressing social customs as a defense for murder.
Ruling:
The Court rejected cultural justifications and upheld conviction and severe sentencing.
Significance:
Affirmed that social customs cannot excuse honor killings.
Case 6: Shahnaz v. State (2021) – Supreme Court of Bangladesh
Facts:
Shahnaz was killed by her family for choosing her own spouse.
Legal Issue:
State responsibility to protect women against honor-based violence.
Ruling:
The Court mandated strict enforcement of laws and victim protection programs.
Significance:
Marked progress in judicial activism against honor killings in Bangladesh.
5. Judicial Principles Evolving from These Cases
| Principle | Explanation | Example Case |
|---|---|---|
| State Prosecution Over Family Pardons | Courts emphasize state-led prosecution, especially to bypass family pardons | Shahnaz Bibi |
| No Cultural Justification | Honor killings cannot be justified by tradition or social norms | Dalbir Kaur |
| Harsher Sentences for Deterrence | Life imprisonment or stricter penalties recommended | Sushil Sharma |
| Protection of Victims and Witnesses | Courts ensure protection despite social pressures | Nayab |
| Public Accountability | Courts punish even public honor killings without leniency | Farzana Parveen |
6. Conclusion
Honor killings represent a severe violation of human rights and the rule of law. Judicial oversight and progressive rulings are crucial in dismantling social acceptance and impunity. While laws have strengthened, effective enforcement, victim protection, and public awareness remain key to eradication.
RELATED Blog
0 comments