MUBASHIR   BHUTTA    HUMAN   RIGHTS   (TRUST)

Honour Killing;

The root of honour killings is centuries old and dates back to the Pre-Islamic era called Jahiliyah (Time of Ignorance before Mohammed). During that time men were encouraged to bury their infant daughters alive to avoid the possibility that they would dishonour the family.

The practice of honour killings has nothing to do with Islam or the Koran. The prophet Mohammed called for an end to it. Instead the practice has grown and spread throughout the world. There have been hundreds of reports in the Arabic countries of Pakistan, Afghanistan, Iran, India and Bangladesh, West Bank of Israel and Jordan. Although not as common, honour killing has been also reported in many non Arabic countries like Brazil, Ecuador, Uganda and Britain.

An investigative report by Amnesty International states that honour killings are the most widespread in Pakistan where the concept of women as an object or commodity is deeply rooted in the tribal culture. The ancient custom of honour killing is well defined and condoned throughout society. (note: the following description relates specifically to Pakistan and may not apply to other Arabic countries)

In Pakistan women are considered property of the males in their family and, like livestock or property, they have monetary value. Women are almost always

 married by arrangement between families. The tribal customs dictate the property is to be kept within the family so women are often married to cousins or uncles, usually on the paternal side.

Upon marriage the woman is exchanged for a 'vulver' or bride price which is paid by the groom to the father of the bride. It varies according to the status, health, beauty and age of the woman. Sometimes the bride price involves another woman. Men can exchange daughters, even unborn granddaughters, to obtain new wives for themselves.                             

Women are seen to embody the honour of the men to whom they belong. The culture casts the males as the sole protector of the female so he must have total control over her. While this specifically relates to sexual relations many men have interpreted this to include control over a women's earnings, attire and her social relationships with others. If his protection is violated he loses 'ghairat' or honour because he failed to protect her. His 'izzat' or standing in society is diminished.

A woman who engages in 'zina' or unlawful sexual relations is branded 'kari' or black. In order to cleanse the honour of the man who owns her she must be killed. A man who kills for reason of honour is 'ghairatmand' , both morally and legally supported by his tribesmen. The killings are often performed openly. A man who is unable to cleanse his family's honour is 'beghairat' or without honour and considered socially impotent. After the women are killed their bodies are often thrown into rivers or buried in hidden graveyards. No one is permitted to grieve for them or honour their memory.

The man who engaged in sexual relations with the woman is branded 'karo' which also means black. His family is not dishonoured instead they have gained social standing by captivating another man's wife or daughter.         

Tribal law dictates that he should also be killed but usually the 'karo' has the opportunity to flee while his family negotiates with the dishonoured family to save his life. A 'faislo' or agreement is set up by the 'sardars' or tribal council leaders. The compensation includes 'khoon baha' or blood money but can also involve the trade of another woman to the dishonoured family.

"Honour" killings of women can be defined as acts of murder in which "a woman is killed for her actual or perceived immoral behavior." (Yasmeen Hassan, "The Fate of Pakistani Women," International Herald Tribune, May 25, 1999.) Such "immoral behavior" may take the form of marital infidelity, refusing to submit to an arranged marriage, demanding a divorce, flirting with or receiving phone calls from men, failing to serve a meal on time, or -- grotesquely -- "allowing herself" to be raped. In the Turkish province of Sanliurfa, one young woman's "throat was slit in the town square because a love ballad was dedicated to her over the radio." (Pelin Turgut, "'Honour' Killings Still Plague Turkish Province," The Toronto Star, May 14, 1998.)

Most "honour" killings of women occur in Muslim countries, the focus of this case study; but it is worth noting that no sanction for such murders is granted in Islamic religion or law. And the phenomenon is in any case a global one. According to Stephanie Nebehay, such killings "have been reported in Bangladesh, Britain, Brazil, Ecuador, Egypt, India, Israel, Italy, Jordan, Pakistan, Morocco, Sweden, Turkey and Uganda." Afghanistan, where the practice is condoned under the rule of the fundamentalist Taliban movement, can be added to the list, along with Iraq and Iran. (Nebehay, "'Honor Killings' of Women Said on Rise Worldwide," Reuters dispatch, April 7, 2000.)

Pakistan: No compromise on murder

18/10/2004: Murder by any other name still smells foul. It is still murder. (South Asia Citizen's Wire)

Unfortunately, the Criminal Law (Amendment) Bill 2004 against 'honour killings' introduced by the treasury bench in the National Assembly deems this crime compoundable, allowing for a 'compromise' (razinama) between the parties.

Thus the accused in 'honour killing' or karo kari cases will continue to be able to escape punishment.

Most karo kari cases are committed by a close relative - father, brother, son, or husband of the woman. Often, the victims are the most vulnerable members of the family or community. In either case, if and when the case reaches a court of law, the victim's family may 'pardon' the murderer (who may well be one of them), or be pressurised to accept diyat ('blood-money') as compensation. The murderer then goes free.

The motive is often other than the stated ghairat or honour, often related to land disputes or old enmities. Such cases continue to take place because, very simply, the murderer knows he will get away with it. The statistics speak for themselves: according to one estimate, around 1,261 cases of honour killings were reported in 2003 alone - 938 women and 323 men. That is, over a hundred such cases a month.

The present bill does nothing to change this state of affairs, which appears to have worsened since the promulgation of the Qisas and Diyat Ordinance of 1990. Like other laws enacted in the name of religion, this one too has its flaws and critics, as well as supporters who appear more interested in preserving the status quo than in the ground reality of its negative effects.

On the positive side, this law did away with the concept of 'grave and sudden provocation' introduced by the British and incorporated in Section 300 of the Pakistan Penal Code (PPC). The 'provocation' clause allowed someone who had been 'provoked' into spontaneous murder, to receive a lighter sentence if he could justify his act. Then, as now, a woman's perceived infidelity was justification enough.