The peculiar case of Sindh
By: Farahnaz Zahidi Moazzam
A Dec 21, 2011 news report said, “The members of the Sindh Assembly… unanimously passed a resolution, urging the government to make honour killing (karo-kari) a non-compoundable offence and to prosecute the killers under Section 302 (premeditated murder) of the Pakistan Penal Code.”
The tribal norms do not treat a karo (“black”, in Sindhi language) woman as the victim, but deem her the perpetrator. Thus, the community always sides with the man, who is allowed to go to any length, guilt-free, to redeem his lost family “honour”. The Criminal Law (Amendment) Act 2004, also known as the ‘Honour Killings Act’ and promulgated after a lot of hard work and effort on behalf of the civil society, was seen as a step in the right direction. But it has shown some major lacunas which, in practicality, render the law ineffectual.
Maliha Zia Lari, a practising lawyer, a researcher on human rights and the author of the report, ‘Honour Killings in Pakistan and Compliance of Law’, is of the opinion that the compromise and waiver (Qisas and Diyat) provisions cause practical problems.
“Mostly, honour killing is an inter-family crime. If, say, a father kills a daughter on the pretext of honour, the mother will claim to be the girl’s ‘wali’ and under the Diyat provision forgive the father. The murderer, therefore, remains unpunished and free,” says Lari.
While the resolution may have been passed, not much has changed, and ground realities remain the same due to a general lack of awareness and this heinous crime still entrenched as a norm in the cultural sensibilities of parts of rural Pakistan. Advocate Rubina Brohi who is Aurat Foundation’s Provincial Coordinator for Sindh, feels that “previously honour killings were done more openly, with pride and celebrations took place which included aerial firings that announced it. Now, it is done in a more hidden manner because of the laws. But the change is simply not enough.”
According to Brohi, her recent trips to rural Sindh in this regard confirmed that honour-killing cases are often “crop-dependent.” In a lot of cases, the “accused” man and woman are not even actually involved in an affair. Tribal enmity sometimes leads to accusing an enemy of being involved with none other than one’s own mother or sister. If the honour killing is carried out, the enemy is killed in this premeditated murder and the mother or sister are simply a price the “honourable” men are willing to pay.
However, if the accused is willing to buy out his life, he offers to pay in cash or by giving away a plot of land, which is why we see that accusations against honour killing victims increase in harvest season when everyone knows that the accused will have the money to buy off his freedom from the clutches of death.
A big percentage of cases go unreported due to pseudo-religious, patriarchal and cultural practices. Stigma and social pressures force most female victims to remain silent. On top of it, the law enforcement agencies are often found to side with the community, not the victim. If the First Information Report (FIR) is not made correctly, the whole case falls flat on its face. “We need a resolution that clearly defines and rules the investigation techniques used by the police,” says Lari.
The upcoming budget to be presented in the middle of 2012 would be the first after the 18th amendment. One hopes that a sustainable emphasis is seen in the budget on the promulgation and enforcement of correct laws that uproot honour killings. In addition, the government needs to take ownership of this cause.
Lawyers confirm that the courts in Sindh have been most forward with regards to implementation of the Honour Killings Act, and many commendable judgments have been given, strongly condemning this crime. But that is not enough.
Source: The News
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