Hounor killing syndrome: implications of anti honor killing laws in Pakistan.

Abstract

In patriarchal society like Pakistan “Honour” is an undefined notion, it is always used for the justification of the crime by the offenders in the honour killing crimes. In Pakistan, violence against women in the pretext of honour is not a new phenomenon or new concept; it has been justified by the different societies in the name of culture, tradition, and the norm codes set by their ancestors. Unfortunately, killing in the pretext of honour has been increased from the last two decades, besides having laws for honour killing. Actually the purpose behind such killings is to control the behavior of the women in the society and to form the writ of the men dominancy. Interestingly, honour is not legally sanctioned, however the judiciary, the executives and the society condones it in one way or other. In tribal areas of Pakistan it is not considered a crime to kill the culprits who bring a bad name to society or contravene in the traditional norm codes. The honour killing is now accepted notion, which has made women to suffer and deprive them from their basic rights guaranteed by International Law, Constitution of Pakistan and Islam. This research project highlights the lacunas in the anti honour killing laws, in the precedent set by the Apex court while awarding sentence to the offenders. To control the crime of the honour killing, judiciary is required while interpretation of the statutes follow literary rule rather precedents set by the apex Court in pre- 2004 laws of honour killing. Administration is required to form the Darul-Amans in every district for the protection of the women from the hand of the offenders. State is responsible to ensure the fundamental rights to their citizens enshrined in the Constitution of Pakistan. The most important role judiciary can play in curbing this crime while awarding sentences to the offenders by strict adherence of law.