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Honour Killings in Sindh

and Police

Barrister Abdul Khalique Shaikh

Sindh Police in collaboration with GJP, UNDP


Published in 2009

@ Copyright
Barrister Abdul Khalique Shaikh

Printed by:
Masmedia
2D-1/16, Siddique House,
Nazimabad # 2, Karachi.

All rights reserved. No part of this


publication may be reproduced without
prior permission of the author.

ABOUT THE AUTHOR

Mr. Abdul Khaliique Shaikh is serving as


DIG in Sindh Police. He has done his
L.L.B from the University of London,
L.L.M (Criminal Justice) from Oxford
Brookes University and was called to the
Bar at Lincoln’s Inn London. After joining
police service of Pakistan in 1992 he has
served in various capacities and has vast
experience of handling and supervising
investigations of honour killings in Sindh.
He has also been associated with training
of police officers of various ranks. Presently
he is focal person for the prevention of
Karo-Karo Project being executed by Sindh
Poice in collaboration with the Gender
Justice Project, UNDP.
Contents

Foreword ix

About the Project xi

Executive Summary 01

Chapter 1 07
Introduction 10
Methodology 10
Honour Killings in Sindh 11
Statistics on Honour Killings 11
Analysis of official figures 13
Unofficial figures on Honour Killings 15

Chapter 2 19

Forms and causes of Honour Killings 21


Forms of Honour Killings 21
Causes of Honour Killings 23

Chapter 3 27

Police and Honour Killings 29


Police Perception of Honour Killings 29
Results of survey on perceptions 29
Police Investigations of Honour Killings 31
Traditional mindset of police investigators 33
Steps taken by Sindh Police to improve police
handling of the Honour Killings 36

iii
Chapter 4 39

Guidelines for professional handling


by police officers 41
Objective of the guidelines 41
Definition of Honour killings 42
Receiving and conveying information 42
Role of the first responder to the scene of crime 43
Role of SHO, I.O, SPO, SP Investigation and DPO 43
Role in preventing Honour Killings 49

Chapter 5 51

Legislative Response 53
Bibliography 57

Annexure 59
Questionnaire for Police Officers 61
(Honour killings study)

iv
Acronyms

ASI Assistant Sub-Inspector

CPO Central Police Office

DPO District Police Officer

DSP Deputy Superintendent of Police

FIR First Information Report

IGP Inspector General of Police

I.O Investigating Officer

NGOs Non Governmental Organizations

PPO Provincial Police Officer

SDPO Sub-Divisional Police Officer

SHO Station House Officer

SP Superintendent of Police

SPO Supervisory Police Officer

UNDP United Nations Development Program

v
Acknowledgements

This study on honour killings in the province of Sindh and


police response to such incidents could not have been written
without encouragement, support and assistance of various
individuals. It would be appropriate to acknowledge all those
friends and colleagues who extended their valuable support
in conducting and publishing this study.

Mr Saud Ahmed, DIG Headquarters Sindh Police, Mr. Sharjeel


Kharal, SSP Sindh Police, Nadeem Mehboob, Kashif Noon,
Zeeshan and Aisha Durani of the Gnder Justice Unit, UNDP
Islamabad, Ms Sobhya Agha, Project Officer of the prevention
of Karo-Kari project, Iqbal Ahmed Detho, Sohail Abro and
Kazim Raza were particularly helpful in completing this study.
I am extremely grateful to them for their excellent contributions
and much needed encouragement at every stage of the project.

Barrister Abdul Khalique Shaikh

vi
Message

I am delighted to see this in-depth study on state of honour


killings in Sindh province and the way the police officers
handle or should handle such cases. The study conducted by
one of our officers Mr. Abdul Khalique Shaikh, presently
working as Deputy Inspector General of Police in Karachi is
manifestation of the commitment of the Sindh Police for
improving state of women in society. This study will not only
help various dedicated human rights activists to understand
police perspective of the menace of honour killings but it will
go a long way in enhancing capacity of the police officers
tasked with investigation of the murders committed with the
motive of karo-kari.

The Sindh Police has been cognizant of the fact that sincere
and concerted efforts are needed to end violence against
women ranging from domestic violence to killings in the
name of honour. A number of steps have been taken to
improve police response to the violence against women.
Human Rights cells have been setup at district level to deal
with cases of violations of human rights, more women police
stations are being set up to encourage women victims to come
forward and seek police assistance for redressal of their
complaints, standing operating procedures on dealing with
cases of violence against women, preventing sexual harassment
and handling honour killings have been implemented and a
helpline for women has been setup to create an environment
where women feel safe and better victim support services can
be provided. Above all the Sindh Police has initiated a project
on prevention of honour killings in collaboration with the

vii
Gender Justice Unit, UNDP. This study was also conducted
as one of the activities of the project. I am confident that this
study will form the basis on which various districts of Sindh
Police will formulate and implement well thought out strategy
to effectively prevent or significantly reduce incidents of
killings in the name of honour.

I appreciate the project team of Sindh Police and GJP Unit,


UNDP for successful execution of the project and bringing
out this excellent study on a very important subject.

S.S. Babar Khattak PSP


Provincial Police Officer/IGP, Sindh

viii
Foreword

I am pleased to introduce a well researched study on honour


killings in Sindh. The study is expected to be tremendously
useful in implementing the project on prevention of honour
killings undertaken by Sindh Police in collaboration with the
United Nations Development Program (UNDP).

The project focuses on the four districts of Sindh including


Sakhar, Ghotki, Khairpur and Naushehro Feroze. These
districts have been in hitting headlines in the print and electronic
media for ghastly murders in the name of honour. The project
is expected to sensitize the police officers, train them in
investigative methods and create general awareness about the
pernicious problem of killings in the name of ghariat. Honour
killings are deplorable and every civilized society should
respond to such incidents in a responsible way. The police
organization is the premier agency to deal with such killings.
There is increasing realization among the Sindh police
leadership about the seriousness of the issue and the need for
evolving a comprehensive strategy aimed at effectively
countering the inhuman custom of karo-kari. Sindh police
has already taken various steps including training of police
officers and awareness campaigns in collaboration with
national and international organizations.

Though this is not the first study on honour killings but most of
the studies give perspective of a human rights activist only. This
study inter alia, critically evaluates police handling of the honour
killing cases and not only identifies the problem but puts forward
good practice guidelines to be followed by the police officers.

ix
I appreciate commendable efforts made by Mr. Abdul Khalique
Shaikh and his team for undertaking the study and
implementing the project on prevention of honour killings as
focal person of the project. I hope the project will go a long
way in reducing the incidents of honour killings, creating
awareness about the issue and bringing culprits to the book
by prompt and professional police response.

Saud Ahmed PSP


Deputy Inspector General of Police
(Headquarters) Sindh

x
About the Project

PREVENTION OF KAROKARI PROJECT

The Province of Sindh has the highest incidence rate of Honour


Killings. Honour Killings are more prevalent in rural areas
of the province, though an increasing trend of incidence of
this crime is being reported in urban and semi-urban areas
too. The incidence rate of Karo Kari is higher in upper Sindh.
Karo Kari is not only a gross human rights violation, but it
also contributes to accentuate personal and tribal feuds, leading
to serious policing problems in the province. The Sindh Police
took initiative to execute this project in four districts of upper
Sindh. The project activities already undertaken are as under:

• Establishment of four Anti-Karo Kari cells in Sakhar ,


Ghotki, Khairpur and Naushehro Feroze districts of the
Sakhar region because of high rate of Karo Kari incidence.

• A victim support helpline 111-123-588 has been


established in the four districts;

• A software has been developed and authenticated data


base is being maintained on incidents of honour killings;

• A documentary has been prepared to create awareness


about the issue;

• A research report has been prepared to study the problem


of honour killing in Sindh and improve police handling
of such cases;

• A training workshop has been organized to train master


trainers among the police officers;

xi
Objectives of the training workshop at District level include
to give general awareness to the Police officers about concepts
of human rights; to make them familiar with the international
Human Rights standards for law enforcement officers;
sensitization of the trainees on violence against women, its
gravity, psychological and sociological aspects and police
responsibilities and improvement in investigation of honour
killings and overall capacity building of the officers in the
field of crime investigation.

The positive results of the project are emerging as the FIRs


are being registered by the victims or their relative. Where
the victim or their relatives are reluctant the FIRs are registered
on behalf of the state. As a result of the training the police
officers are more responsive and there has been more awareness
about preventive policing and preventive strategies pertaining
to honour killing incidents.

Sobhya Agha
Project Officer
Prevention of Karokari project
Sindh Police and UNDP

xii
Executive
Summary

Honour Killings In Sindh


Executive Summary

It is believed that the province of Sindh has the highest rate


of the incidents of honour killings in the country. Statistics
suggest that this is more prevalent in the northern districts of
the province. Police is the only agency involved in investigation
of the crimes including honour related cases. It has been
observed that the police investigations are conducted in a
perfunctory manner on many occasions. Generally the police
investigation officers’ investigations are superficial. Even in
challaned cases only the principal accused is/are arrested and
the role of those involved in aiding and abetting is not probed.
As a result the accomplices of the main accused do not face
trials in the courts. Furthermore, unprofessional handling of
the investigation and poor supervision result into acquittal of
the accused. Consequently the perpetrators of this heinous
crime are not deterred and it becomes increasingly difficult
to eliminate or prevent murders of innocent women and men
in the name of honour.

The figures of the formally reported crimes are available with


the Central Police Office (CPO) Sindh. These statistics omit
the incidents which were hushed up by the perpetrators and
their collaborators. These figures are compiled manually as
there is no centralized software to maintain records of crimes.
Due to this manual recording and compiling of figures there
is likelihood of error in the reports prepared on the basis of
the official crime figures. Once comprehensive software is
developed to record the crime data on daily basis the chances
of error will be considerably reduced and the official crime
figures including those on the honour killings or violence
against women will be much more reliable. This will greatly
3
assist in showing the magnitude of the problem and assessing
its seriousness.

Honour killings take place in various forms ranging from


suspicion of illicit relations to blame for being victims of
rape and fake honour killings done to settle a private dispute
or even as a means of extortion. The incidents of honour
killings have been taking place in various parts of the country
and this has a lot to do with general status of women in our
society. An evironemnt where commodification of women is
not discouraged the men consider women their property such
practices are ikely to be common. Likewise, the violence
against women in general and the killings in the name of
honour in particular have direct relevance with the overall
crime situation and the writ of the government in the society.
The areas where informal justice system is more in vogue
and the formal justice system is weak the perpetrators of
honour killings are more likely to be encouraged by general
weakness of the state institutions and lack of effective
deterrence. The criminal justice, as a whole, has not been able
respond effectively to the menace of hnour killings either by
protecting the potential victims of punishing the offenders.

Police officers may not be completely free ofr gender bias.


Not all of them deprecate the practice of honour killings. A
survey on police perception of honour killings and their
handling revealed that 88% of the respondents saw no
difference between honour killings and other murders and
they thought there was no reason to give special attention to
the murder cases with honour as motive. The results of the
survey reinforced the observation that the traditional mindset
of a police officer is part of the problem and a hurdle in
4
effective handling of the cases. This necessitates a
comprehensive training of the police officers aimed at
improving their role as law enforcement officers in
investigation of the cases and protection of the potential
victims.

Police leadership has, no doubt, been cognizant of the problem


of honour killings and various piecemeal solutions have been
attempted to address the issue and improve police response in
handling such cases. However, what is needed is a comprehensive
response and concerted effort to tackle the flagrant violation of
right to life by sensitizing police officers, improving their
investigation skills and putting in place a dependable victim
support programme besides addressing the prevalent gender
bias and traditional mindset through useful training.

The police officers need to be provided with good practice


guidelines to be implemented as Standing Operating Procedures
to be followed while dealing with matters pertaining to honour
killings. An avid adherence to these guidelines should ensure
that the police investigations of the honour killings are conducted
in a professional manner and common flaws are eliminated
from the investigations. The accessories to the murders
committed in the name of honour are also sent up for trial.
Furthermore it will help create effective deterrence for the
potential criminals and effectively prevent incidents of honour
killings and maximize chances of conviction of the accused (s)
involved in these cases. These procedures will also ensure
proper supervision of the investigations at various levels and
will create an environment where violence against women is
prevented reduced and vulnerable women feel safe in the society.

5
The problem of honour killings has to be addressed by a
befitting response by various institutions. One important part
of the solution involves legislative response. The legislation
should be aimed at eliminating discriminatory aspects of laws;
plugging in loopholes in the existing laws which provide the
accused opportunities to get away after playing direct or
indirect role in commission of crimes in the name of honour.
Additionally the amendments in the laws may ensure stringent
punishments for the criminals including specified minimum
mandatory sentence. The laws should be modified to ensure
the side characters involved in the murders in the name of
honour should also be held accountable. Those involved in
conducting faislas or jirgas, deciding on custody of the potential
victim of killing should also be brought to justice.

The above mentioned legislative measures will go a long way


in eliminating discriminatory provisions in the existing laws
and preventing abuse of such provisions by the perpetrators
of killings in the name of honour. However, the legislative
response alone cannot offer an ideal solution to this deep-
rooted problem. A wide range of reforms aimed at addressing
conventional gender bias among the law enforcement and
judiciary, radically improving the investigative methods of
police, a reliable victim support programme, well co-ordinated
preventive policing strategies and effective public awareness
campaign will enable the institutions of criminal justice system
in our country to successfully tackle the issue honour killings.

6
Honour Killings In Sindh
Chapter 1
Honour Killings In Sindh
Introduction

The harrowing murders in the name of honour continue to


pose a formidable challenge to the society in general and the
criminal justice system in particular. Despite lack of
authenticated and well documented statistics on honour killings
it is widely perceived that the incidents of killings of in the
name of honour are happening quite frequently in certain
districts of Sindh. This perception is supported by evidence
in the shape of official figures and media reports. The unabated
incidents necessitate a comprehensive strategy to combat such
a crime. The situation calls for an in-depth study to assess the
reasons behind failure in prevention of the incidents and
formulating an effective response to the problem.

This brief baseline study, undertaken for the UNDP’s project,


looks at the current state of affairs in respect of the menace
of honour killings. The study focuses on the northern districts
of Sindh which are infamous for so called custom of karo-
kari. It attempts to critically assess the police handling of
honour killings. The police role, in prevention of the killings,
providing protection to the potential victims and more
importantly the investigation of the murders committed with
the honour as motive, is evaluated. Legal framework relevant
to the honour killings is also reviewed and an effort is made
to pinpoint lacunas in the domestic laws which are frequently
abused by the perpetrators of honour killings. The good
practice guidelines for professional handling of the honour
killings are also included in the study.

9
Methodology:
Literature on various aspects of honour killings in general
and dynamics of killings in the name of honour in the province
of Sindh in particular were reviewed. Various secondary
sources including books, journals, research studies and human
rights organization’s bulletins were referred to ascertain the
causes and forms of honour killings. Questionnaires were
filled by police officers of various ranks involved in
investigation of crimes to get their perception about these
killings and the way they conduct the investigations. These
questionnaires were given to the police officers serving in the
three districts, Sakhar, Khairpur and Shaikarpur, know for
higher incidents of honour killings.
Data was collected from police stations of the province to
find out the number of incidents every year. The figures were
collected for five years from 2004 to 2008. The Proforma for
data collection was designed with a view to get separate
figures for the male and female victims and relationship of
the victim and the accused. The data so collected was
quantitatively analyzed. These figures were compared to study
the year-wise trends in honour killings and compare the
number of male victims and female victims. Databases
maintained by the NGOs were also referred to for collection
and compilation of data. In this connection data compiled by
the Madadgar project and Aurat Foundation were specifically
studied. These figures were compared with the officially
tabulated data on honour killings.
The police case files and papers pertaining to the high profile
cases were qualitatively analyzed to evaluate the quality of
investigation and point out common flaws in the police
investigations of killings in the name of honour.
10
Honour Killings In Sindh

The killings in the name of honour have been reported in


various parts of the province of Sindh. The practice is believed
to be more common in northern districts of Sindh as compared
to southern Sindh. Although apparently the awareness about
the menace of honour killings have been increasing with
growing interest of media and human rights activists no
corresponding decline in the incidents have been witnessed.

The practice has always been more commonly prevalent


among Baloch tribes of Sindh and the districts closer to
Sindh’s border with Balochistan have been known for relatively
greater number of incidents. However, it has been observed
that the practice has also been adopted by many non-Baloch
communities of Sindh. The so called custom of honour killings
is no more confined to specific Boloch communities.

The Amnesty Report (2004)1 mentions Sindh as the province


with the highest number of honour killing incidents in the
country. Out of 21 districts falling in interior of Sindh some
districts are known for relatively frequent incidents of honour
killings. Among those districts Jacobabad, Kandhkot,
Shikarpur, Larkana, Kambar, Sakhar, Ghotki, Khairpur and
Ghotki have the highest reported incidents2. In order to get
an insight into extent of the problem and its dynamics the
statistics collected from more than one sources will be analyzed
in the forthcoming paragraphs.

1
Amnesty International Report 2004 p/181
2
Source: crime figures compiled by the Sindh Police Department.

11
Statistics on honour killings:

The incidents of honour killings are widely covered by both


the print and electronic media. The media coverage does
highlight the issue but there are serious difficulties in getting
the authenticated figures. The basic official document to
record a murder is the First Information Report (FIR) registered
at the local police station where the killing took place. Though
most of the incidents are duly recorded at the police stations
yet non-registration of FIRs cannot be ruled out. Furthermore
where the victims are killed in connivance with the family
members the perpetrators may succeed in hushing up the
matter. Admittedly with the vibrant media most of the cases
are reported. In certain instances the offence is not reported
to the local police instantly but the police take cognizance if
the incident is reported in print or electronic media. The crime
figures including those for the karo-kari are compiled on the
basis of the FIRs registered. Presently there is no proper
computerized database to maintain crime figures. The manual
compilation of the crime figures is not free of errors and there
is no system in place to monitor accuracy of the manual
reporting system. Despite these short comings the officially
compiled crime figures can serve as a useful starting point to
look at the seriousness and extent of the problem.

Incidents of honour killings are also compiled by the Non


Governmental Organizations (NGOs). The NGOs have devised
their own system of recording such incidents. This is done
when the matter is brought to their notice directly through
their helpline call centre or through a walking client.
Alternatively the incidents covered by print media are compiled
and entered into the database. For instance the Karachi based
12
Madadgar Helpline maintains database on violence against
women including the honour killings by compiling the reports
from as many as 26 different newspapers on daily basis. These
databases include all the cases appearing in the print media
even those which were misreported. The records complied
by the police department may be under-reported but the figures
collected by the databases maintained by the NGOs may be
a bit over-reported. Still these databases are a very useful
source to assess the nature and quantum of the problem and
to study trends and patterns of honour killings. Regrettably
the police authorities hardly look at these figures while devising
their policing plans or settings goals and priorities for
preventing policing.

In order to formulate an effective and comprehensive response


to this problem we need to have accurate information about
the nature, dynamics and seriousness of the problem. There
is need for an authenticated system of compiling official
records. Once created and properly updated it will go a long
way in showing the magnitude of the problem. This will help
draw attention of the various stake holders and policy makers.

Analysis of official figures:

Despite the limitations discussed above the officially compiled


crime figures do provide an insight into the issue. The figures
compiled by the Sindh Police department on killings in the
name of honour are presented and discussed here:

13
S.# Year Women killed Men Killed Total Killed
1 2004 79 51 130
2 2005 72 39 111
3 2006 89 44 133
4 2007 73 33 106
5 2008 110 42 152
Total (five years) 423 209 632
(Source: figures compiled by the Sindh Police Department)

The above figures indicate that total number of persons killed


in 2008 have increased to 152 as compared to 106 in the
preceding year. It may be noticed that more women are being
killed than men. In five years from 2004 to 2008 out of 632
persons killed in the name of honour only 209 were men
whereas women killed numbered 423 which is higher by over
100 per cent. The data collected on the honour killing cases
from the Sindh Police Department also includes relationship
of the victim and the accused which is very useful for
understanding the dynamics of such killings. The figures are
reproduced in the following table:

S.# Relationship 2004 2005 2006 2007 2008 Total


(five years)
1 Husband 39 37 42 35 53 206
2 Brother 18 07 17 15 09 66
3 Father 03 04 07 02 02 18
4 Son 01 02 0 02 04 09
5 Sister 02 0 0 01 0 03
6 Mother 0 0 0 0 02 02
7 Other relative 39 45 50 33 55 222
8 No relation 10 10 06 02 02 30
(Source: official police statistics, Sindh Police)
14
The above figures indicate that in most of the cases the women
victims are killed by their husbands followed by brothers and
fathers. As per the figures collected for five years from 2004
to 2008 in 206 cases the named accused were husbands of
the victim and brother was the principal accused in 66 cases.
In 18 instances the father was nominated as offender. Son
murdered his mother in only 09 cases out of 556 officially
recorded incidents. Interestingly the relatives other than the
close ones were responsible in 222 cases which are higher
than any other category of close relatives. This established
that the responsibility to restore the honour to the family is
not assumed by the near relatives only but by other members
of the tribe or community as well. In 30 cases the accused
were not related at all but were either members of the tribe,
family friends or even neighbours.

(Graphical representation of categories of relatives involved in killings)

Unofficial figures on honour killings:

For the purposes of the present study the reliance was made
not on the official statistics alone but the data was collected
from two NGOs namely Aurat Foundation and Madadgar
Helpline. The figures collected from the Aurat Foundation
15
Karachi pertaining to murder of men and women in the name
of honour are presented in the following table:

S.# Year Women killed Men Killed Total Killed


1 2006 221 130 351
2 2007 183 104 287
3 2008 148 96 244
Total(three years) 552 330 882
(Source: Aurat Foundation database)

It is obvious from these statistics that there is wide gap between


the number of incidents recorded by the Aurat Foundations
and the official statistics. According to the Aurat Foundation’s
database only in three years 882 persons were killed in the
name of honour whereas the official data compiled by the
police department record only 391 incidents in three years.

Madadgar Helpline Karachi’s database shows figures which


are very high for the same five-year period. According to this
database as many as 2829 persons were killed in honour
killing incidents in the province of Sindh from 2004 to 2008.
The discrepancy between the figures of the above three sources
creates serious doubts on the authenticity of the data collection
by these sources.

S.# Year Total Killed


1 2004 579
2 2005 501
3 2006 603
4 2007 675
5 2008 471
Total (five years) 2829
(Source: Madadgar Helpline Karachi)
16
In view of above it would be advisable to devise an
authenticated system of recording violence against women
cases in general and killings in the name of honour in particular.
Once reliable records are maintained at official level it would
be far more convenient to understand the severity of the
problem. Recently the Sindh Police has taken initiative to
computerise crime statistics and its analysis. As and when the
computerised database is made available a clear picture on
the level and seriousness of the issue will become clear.

17
Honour Killings In Sindh
Chapter 2
Forms and Causes of
Honour Killings
Forms and Causes of
Honour Killings

Forms of honour killings:

In conservative sections of society a female member of a


family is expected to conform to certain norms. There is very
strict code to be followed which curtails her liberty as an
individual. Her behaviour and activities are judged with
reference to that conservative code. The man is seen a custodian
of the honour of a family. The concept of honour puts enormous
restrictions on the women in the society. This kind of concept
prevailing in the society empowers the man to control and
monitor the behaviour of women in society. The man assumes
the responsibility and right to take penal action if the strict
code of the so called custom is violated by a woman. Any of
such violations or aberrations are viewed as a challenge to
his position and affront to his family’s honour. The women
are expected to internalize these norms and ensure strict
adherence to the roles prescribed by the men. They are held
personally responsible for any kind of deviation.

This concept of honour and treatment of women as a property


gives the man control over her sexuality and conduct related
to it. In certain communities ‘relationship’ of a female with
a male is simply intolerable. When her name is linked with
a man that is considered extremely shameful by the so called
proud male members. If she is suspected of having developed
sexual relationship with a man that is seen as dishonour to
the family or even to the entire community or tribe. The so
called honourable men of the family or tribe take it as their
responsibility to set the record straight by killing that woman

21
who has blackened their tribe and the man responsible for
that act. However, the killing may be result of an illicit
relationship or mere suspicion or in some cases nothing more
than a misunderstanding. Various forms of honour killings
are summarized here:

(i) The most common form of honour killings is dishonour


to family which is usually suspicion of illicit relations
but it may extend to marriage without family’s consent
and even divorcing husbands. There is a wide variety of
circumstances falling in the category of illicit relations.
Mere suspicion of relationship between a female and a
male may, in certain cases, be enough to invoke the
motive of honour. Many couples who decide to get
married against the wishes of the family have to
run for their lives. They are usually chased and sometimes
killed. Their plight is worse confounded by absence of
proper shelter houses or other protective measures to
save them from their would be killers.

(ii) A less frequent form of honour killings may be as victims


of rape as they deemed to have brought shame on their
family. Regrettably, sometimes even if the girl is victim
of rape she is blamed for it and her presence in the family
is seen as stigma and source of continuing shame for the
family. It may culminate in her killing.

(iii) Another form is fake honour killings where there is no


issue related to so called honour but the real motive is
extortion by threatening the victim. This method is
adopted by extortionists and particularly a relatively
affluent but member of a non-violent and weak
22
community is targeted for this purpose. They go to the
extent of killing their woman and then declaring the
targeted person as a karo-involved in illicit relationship
with that woman. In order to save his life the targeted
person has to agree for a jirga and usually he pays
compensation to save his life.

(iv) Another category is the murders committed to settle


private dispute but the declared motive is honour in
expectation of lenient attitude from the police and
judiciary. This is done because it is believed that the
some of the police officers and judges still have the
traditional mindset and they do not see honour killings
as horrific crimes but in their eyes the severity of the
crimes is mitigated because of the motive of ghairat
involved. Although it may be appropriate to clarify here
that legally the courts are no more obliged to award
reduced sentences on the plea of grave and sudden
provocation.

Causes of honour killings:

The incidents of honour killings have been taking place in


various parts of the country and this has a lot to do with the
general status of women in our society. The women as a whole
are not properly empowered. A large number of them are
economically dependant on their men. It is not expected from
them to take decisions independently. Once they are seen
acting independently and making informed choices they are
considered recalcitrant. The situation is worse in upper Sindh
where the women enjoy relatively less freedom especially in
conservative families.
23
An environment where commodification of women is not
discouraged the men consider women their property and
consider it their right to take all major decisions and decide
on disposal. Women are seen to embody the honour of the
men to whom they belong, as such they must guard their
virginity and chastity. When a woman enters into illicit relations
she defiles the honour of the man responsible for her protection.
He safeguards his honour by killing the couple.

The violence against women in general and killings in the


name of honour in particular have direct relevance with the
overall crime situation and the writ of the government in rural
society. The incidents of murder in districts of lower Sindh
are far less than those in upper Sindh Source: officially
compiled crime figures by the police department.. The same
trend reflects in the incidents of killings in the name of honour
in the upper Sindh.

Interestingly the non-Muslim communities resident in the


same districts are not known for practices of honour killings.
It must be clarified at the outset that there have recently been
several landmark judgments of the superior courts which have
declared there is nothing ‘religious or honourable’ about these
‘vile and iniquitous’ acts and that they amount to intentional
murder 4.

Simialrly the areas where informal justice system is more in


vogue and the formal justice system is weak the perpetrators
of honour killing are more likely to be encouraged by general
weakness of the state and lack effective deterrence. It would
4
Source: officially compiled crime figures by the police department.
Aurat Publication and Information Services Foundation (October 2004) p/3

24
not be exaggeration to say that since the perpetrators have
been getting away with the murders either by manipulating
loopholes in the laws, influencing and managing the police
investigations or through jirgas, there are hardly any examples
to deter the would be killers from commission of such horrific
crimes.

The Criminal Justice System, as a whole, has not been able


to respond effectively to the menace of honour killings either
by protecting the potential victims or punishing the offenders.
There are no shelter homes. There is no dependable victim
support helpline in the interior of the province where they
can get instant support. Cases of Babli Lashari who was killed
in Larkana and Irfan Pathan killed in Sukhar in 2009 indicate
lack of protective mechanism for the victims. Babli Lashari
had sought assistance from the Women Police Station of
Sakhar and she was handed over to her family by the lady
police officer at the police station. She was subsequently
murdered. Irfan Pathan had approached the court for protection
and soon after that he was murdered. These instances show
that there is urgent need to devise reliable means of protecting
potential victims.

25
Honour Killings In Sindh
Chapter 3
Police and
Honour Killings
Police and
Honour Killings

Police perception of honour killings:

Police officers are not completely free from gender bias.


Not all of them deprecate the practice of honour killings. The
policemen come from the same social background and many
of them do not see honour killings as completely unjustifiable.
A sizable number of them consider illicit relations as great
source of dishonour to the family to which the woman belongs.
This does not mean that they do not take cognizance of the
killings done in the name of honour but many of them may
not consider it a very serious incident requiring due diligence.

Results of survey on perception:

A survey on police perception of honour killings and their


handling was conducted for the purposes of this study. 33
police officers of various ranks dealing with crime
investigations and deployed in districts with higher incidents
of honour related murders were involved in the survey as
respondents. The police officers were serving in the districts
of Khairpur, Sakhar and Shaikarpur. The respondents were
made to fill a questionnaire without disclosing their identity.
The questionnaire was designed with an objective of exploring
the police perception of honour killings, its handling by police
officers, its comparison with other murder cases and issues
related to investigation of honour killings. Empirical analysis
of the survey revealed that 67% of the respondents thought
the honour killings were not justified but 30% approved the
practice of honour killings. The police officers seemed to be

29
aware of the fact that most of the killings in the name of
honour use honour as a pretext but the real motive is some
other reason. The top three reasons behind these fake honour
killings mentioned by the respondents were property dispute,
matrimonial problems and settling score with an enemy.

Similarly 88% of the respondents thought the honour killings


are committed by more than one person in connivance with
other accomplices. When asked why police fail to arrest other
accomplices the three reasons cited were since the complainant
does not mentions them in the FIR the police investigation
remains confined to the named accused, as the accused usually
surrenders before the police officers and confesses his guilt
the investigation does not go beyond that. Another reason
mentioned was police connivance or negligence.

The survey showed that 88% of the respondents saw no


difference between honour killings and other murders. This
explains why police officers treat the honour killngs like an
ordinary murder. Ramifications of the inability to see the
differences will be further discussed in the forthcoming
paragraphs. 39% believed the honur killings was an issue
because of media reporting whereas 56% considered it an
issue even otherwise. The result of the survey reinforces the
observation that the traditional mindset of a police officer is
part of the problem and a hurdle in effective handling of the
cases. This necessitates well coordinated training of the police
officers aimed at improving their role as law enforcement
officers in investigation of the cases and protection of the
potential victims.

30
Police investigations of honour killings:

Formal police investigation begins with registration of F.I.R.


This is where the problem may start. The killing with motive
as honour is different from other murders in many respects5.
A number of the honour killings are result of mingling of
minds among several family members. The complainant and
the accused in the FIR are in connivance. The murder may
have been committed by several persons as principal offenders
involved in execution of crime but only one person is
nominated. It is part of the criminal conspiracy that the
complainant will compromise with the nominated accused.
The witnesses mentioned in the F.I.R are supposed to turn
hostile if need be. The contents of the F.I.R are deliberately
composed in such a way to make the prosecution case weak
from very beginning.

Due to lack of proper training and professionalism most of


the useful evidence from the scene of crime is neither properly
collected nor preserved for forensic analysis. Since the police
investigations do not rely much on forensic evidence for lack
of facilities and training most of the prosecution cases rest
on the statements of the witnesses. Likewise the post-mortem
is supposed to be crucial piece of evidence in determining
the cause of death and it also assists in ascertaining the
circumstances in which the murder took place. It has been
observed that in certain cases the post-mortem reports omit
crucial details which make it extremely difficult to ascertain
the true facts. Thus oral evidence forms foundations of the
prosecution cases. Once the witnesses change their version
5
For relevant discussion see Police and Honour Killings by Abdul Khalique Shaikh, Dawn

31
in the court the prosecution cases lose ground and it becomes
impossible to get the offenders convicted. In most of the cases
the principal accused involved in the murder confesses before
the police officer that he had killed the victims to restore
honour to his family. However, in accordance with the Evidence
Act the confession before a police officer is inadmissible in
the court of law. The police, thereby, cannot rely on the
confession in the court. For these reasons the perpetrators of
honour killings are rarely convicted during trial.

The observation made in the report titled Crime or Custom?


Violence Against Women in Pakistan 2000 6 on police handling
of investigation of sexual violence seem relevant here. It has
been observed in the report that in addition to failing to
conduct timely and comprehensive investigations, including
witness interviews, site visits, and forensic work, the police
frequently use unprofessional and inappropriate investigative
methods, such as interviewing family elders in lieu of eye
witnesses or the accused to come forward, closing cases on
oath by the accused or on behalf of the accused by family
elders, and pressuring complainants to drop charges on the
basis of such oaths. Furthermore, the police frequently
embellish, modify, or incorrectly transcribe witness statements
and sometimes even instruct witnesses to change their stories
and include details that ostensibly support their cases.

The case study of Tasleem Solangi bears testimony to the fact


that police investigations in most of the honour killing cases
are superficial and do not go deep into the conspiracy in
which various other characters may be involved. Tasleem
6
A report by Human Rights Watch: Crime or Custom? Violence Against Women in Pakistan 2000.

32
Solangi was murdered on 6th of March 1998. Her husband
surrendered before the police who was arrested and a weapon
of offence was recovered from him. The police challaned just
one accused and the case was closed. Subsequently, the
complainant of the FIR who happened to be his uncle and
other witnesses to the incident and recovery of weapon resiled
from their earlier statements to facilitate his acquittal. When
the case was reopened and the investigation team broadened
the circle of the investigation those involved in aiding, abetting,
conspiring, destroying evidence, concealing the design to
murder and facilitating commission of her murder by illegal
omission were also held responsible and as many as 18 accused
were booked by police and sent up for trial. These included
principal offenders, their facilitators, those responsible for
taking and handing over her custody against her wish, those
who conducted jirga, those not involved in execution of the
crime but had reasons to know that their actions could result
into Tasleem being killed and police officers who did not
conduct the investigation with due diligence and caused the
destruction of important evidence related to the crime. The
lady doctor who gave a manipulated report without conducting
post-mortem was also brought to justice.

However, perfunctory police investigation is not the only


reason for failure of prosecutions in the courts. In addition to
this, most of the trials do not proceed because the Qisas and
Diyat Ordinance made the offence of murder compoundable
offence. In most of the cases the wali of the victim and the
offender are related to each other and they compromise in the
court and the murder case is dropped. However, the judges
have the discretion not accept compromise between the parties.
Recently the law has been amended to deny the benefit of
33
compromise to the parties to a murder if the offence was
committed in the name of honour 7 . The impact of the
amendment is yet to be seen. Because of these reasons an
impression is created that ‘the legal system favours perpetrators
who commit violence their family women by mitigating
punishments and providing legal loopholes to escape from
any kind of punishment' Tahir S. Khan Beyond Honour
Oxford 2006.

The police investigators have a traditional mindset towards


criminal cases. The investigating officer is at the best interested
in arrest of the nominated accused. The performance of the
police investigation is judged on the basis of number of the
cases detected. Generally in honour killing cases only one or
very few accused are named in the FIR. In many cases either
the accused surrenders before the police or he is arrested with
or without little effort. The reason for the easy arrest is that
the named offender knows that he will get himself released
with support of the complainant and the witnesses or the case
will be compromised in the court under Qisas and Diyat
Ordinance or the witnesses will turn hostile paving way for
his acquittal. Once the accused is arrested by the investigating
officer and the weapon of offence is recovered he is challaned
and a final report under s.173 of the Criminal Procedure Code
is placed before the trial court.

From the conventional police view the case is treated as


detected and considered as ‘good work’ on part of investigation
branch and the file is closed. The investigation rarely goes
7
The Criminal Law (Amendment) Act 2004 was passed to address the issue of
compoundability in honour related murders.

34
deep into the conspiracy. Where the honour killing is not
handiwork of one person various family members or fellow
tribesmen may be involved in the joint criminal enterprise.
Besides the principal offender (s) several persons may be
involved in conspiring, aiding, abetting or concealing the
crime. The investigating officers rarely distinguish the killing
in the name of honour from ordinary murders 8. In an ordinary
murder the complainant will try to name all the characters
involved in the murder either directly or indirectly. He will
like to choose dependable witnesses who can testify in the
court against the accused. The complainant will vigorously
pursue the investigation and its outcome and follow its progress
during trial. Contrary to this the complainant of an honour
killing is more likely to abort or frustrate the entire trial
process by his non-cooperation with the prosecution and
supporting the defendant’s case in the court.

Although it is imperative on the police officers to provide


protection to the potential victims of honour killings yet the
fathers manage to use police to recover or unlawfully arrest
and detain their adult daughters who have married men of
their choice. This is done by registering F.I.Rs of abduction
against the man with whom the girl has married against the
wishes of her father or other family members. The S. 154
Cr.P.C requires the police officers to register F.I.R when a
complaint of a cognizable offence is received by them. When
a father approaches the local police station with a fabricated
story of abduction of his daughter the police officers usually
go ahead with registration of a criminal case and the
investigation teams make efforts to trace out the couple and

8
Please see findings of the survey above.

35
arrest the man accused of abduction. Even if the local police
refuse to register F.I.R the so called complainant can manage
an order for registration of F.I.R from the district court under
S.22-A of the Cr.P.C. When such a couple is traced out the
man is arrested and the girl is pressurized by the family to
consent to be given in custody of her father or brothers.

A traditional police officer has his own priorities about the


categories of crimes. For them information related to terrorism,
kidnapping for ransom, highway robberies and other such
crimes takes precedence to other crimes considered less in
importance and seriousness. Police officers try not to get
deeply involved in civil disputes of the citizens or disputes
within the family members. When women are injured some
police officers treat such cases as family affairs and encourage
them to compromise. The perpetrators of such crimes go
unpunished and get encouraged to repeat similar or even more
serious offences.

Steps taken by Sindh Police to improve police


handling of the honour killings:

Police leadership has been cognizant of the problem of honour


killings and various piecemeal solutions have been attempted
to address the issue and improve police response in handling
such cases. Sindh police have organized seminars and
workshops and short duration training courses either on their
own or in collaboration with reputable NGOs or other
international organizations. Women police stations were
established to facilitate protection of the potential victims of
violence against women and promptly react to the violations

36
of their rights. Women police desks and human rights cells
have been established in selected districts to address the
women-specific issues requiring police intervention. Efforts
have been made to increase ratio of female police officers in
the province. Standing Orders for dealing with violence against
women has been issued for strict compliance. Occasionally
police have been assisting the NGOs dealing with cases of
violence against women including those involving killings in
the name of honour. One such project is the Madadgar Helpline
in Karachi funded by the UNDP. In addition to the above
mentioned measures the provincial police chiefs had been
issuing circulars and standing orders requiring the police
officers to assist women in distress.

The Police Order 2002 also laid down specific duties for the
police officers in this regard. Article 3(d) requires a policeman
to aid individuals who are in danger of physical harm
particularly women and children. Article 4(2)(a) expects a
policeman to afford relief to people in distress situations,
particularly in respect of women and children.

However, what is needed is a comprehensive response and


concerted effort to tackle the flagrant violation of right to life
by sensitizing police officers, improving their investigation
skills and putting in place a reliable victim support programme.
The gender bias and traditional mindset need to be addressed
through training.

37
Chapter 4
Guidelines

Honour Killings In Sindh


Good Practice Guidelines 9

(Guidelines For Professional Handling By Police Officers)

Having pointed out the flaws in police handling of the honour


killings it would be useful to make an attempt to lay down
the good practices guidelines to be followed by police officers
at police station level and their supervisory police officers for
just and professional handling of the cases.

Objective of the guidelines:

These guidelines have been prepared keeping in view the


following objectives in mind.

(i) To ensure that the police investigations of the honour


killings are conducted in a professional manner and to
eliminate common flaws from the investigations;

(ii) To ensure that accessories to the murders committed in


the name of honour are also sent up for trial;

(iii) To create effective deterrence for the potential criminals


and effectively prevent incidents of honour killings;

(iv) To maximize chances of conviction of the accused (s)


involved in these cases;

(v) To ensure proper supervision of the investigations at


various levels;
9 These guidelines were also submitted to the Provincial Police Officer Sindh for issuing
standing order to be followed by the police officers in Sindh. These guidelines may be
implemented if approved by the PPO Sindh.

41
(vi) To ensure proper reporting of the murders committed in
the name of honour and record authenticated statistics;

To create an environment where violence against women is


prevented and vulnerable women feel safe in the society.

Definition of honour killings:

For the purposes of these guidelines the term ‘honour killing’


is to be understood as any murder or attempted murder of a
man or woman where motive behind the murder or attempted
murder is suspicion/objection by the murderer(s) of the
character/conduct of the man and/or woman attacked. These
cases will include both the premeditated killings as well as
those committed due to sudden provocation. The cases where
the motive is not clear at the time of lodging of the First
Information Report (FIR) but during the course of investigation
the motive of restoring honour to the family is detected will
be treated as honour killing.

Receiving and Conveying Information:

(a) Whenever an information is received at the police station,


victim support helpline, at Madadgar 15, any general or
specially set up reporting centre, or any other rescue
centre or by source including but not limited to written
complaint, NGO’s report, print or electric media report
etc, the policeman receiving the information should
immediately pass on the information to all the police
officers in the hierarchy from the police station staff to
the Superintendent of Police Investigations and the
District Police Officer concerned.
42
(b) The towns, districts or capital cities where a special cell
on human rights is established the information should
be immediately conveyed to them;
(c) The policemen receiving, passing or recording the
information of an honour killing incident should treat it
as seriously as an incident of terrorism.

Role of the first responder to the scene of crime:

(a) The first responder to the scene of crime may be SHO


himself, duty officer, patrolling officer, investigation
staff or any other junior or senior officer. He should
immediately preserve the scene of crime;
(b) If the first responder is other than the investigation staff,
he should immediately relay message to the investigation
team to reach the scene without delay;
(c) Every possible effort be made not to destroy any physical,
forensic other evidence from the scene of crime;
(d) Blood stains, semen, fibers, hair, empties, bullets, weapon
of offence, finger prints and any other evidence should
be collected, preserved, packaged and labeled and sent
to the forensic science laboratory or the chemical
examiner as the case be;

Role of SHO:

(a) The Station House Officer (SHO) should, on receipt of


information, immediately attend to the scene of crime
and make all possible efforts to arrest the accused
suspected of involvement in the offence;
43
(b) The SHO should also immediately pass on the information
to the SPO/SDPO, SP Investigation and DPO;
(c) He should provide every possible assistance to the
Investigation staff to investigate the offence with due
diligence;
(d) He should get the FIR registered without delay on the
basis of the initial information. It should be his
responsibility not to miss mentioning background of the
offence which may assist in the ensuing investigation.
If any jirga was held before the murder or if the relatives
of the victim(s) had declared the victim as Kari or karo
that should be mentioned in the FIR;
(e) Where the heirs of the victim are reluctant to lodge FIR
the SHO should make a police officer complainant in
the FIR;
(f) The SHO should resist any political or other influence
and should not let anybody distort the facts or concoct
an account which may result into concealment of facts
or undue favours to any of the suspected aiders, abettors,
executioners or other accessories to the crime;
(g) SHO should also take preventive action against the parties
under relevant sections of the Criminal Procedure Code
where deemed appropriate;

Role of I.O:

(a) The case must investigated by an officer not below the


rank of a DSP;

44
(b) The Investigating officer should take all the steps
mentioned above as functions of the first responder to
the scene of crime;

(c) The I.O should collect and preserve all the evidence.

(d) He should record statements of all the concerned persons.

(e) The I.O should make sure that the investigation goes
deep into the circumstances of the incident and its
background,

(f) The I.O should investigate diligently to uncover


accessories to the crime if any and will challan them
under the relevant sections in accordance with the role
played by each accessory to the crime;

(g) The post-mortem examination should be conducted


without unnecessary delay. If the I.O suspects any
mischief in the post-mortem proceedings or its report he
should immediately bring this into notice of the senior
officers and he may refer the matter to a medical board
if appropriate;

(h) The I.O should collect information on any jirgas held


prior to the indent or after the incident having anything
to do with declaring the victim(s) as kari and/or karo;

(i) The I.O should also collect information and evidence if


the relatives of the victim or the accused had collectively
decided on declaring the victim(s) as kari and/or karo.
However, in doing so he should not avoid any undue
harassment to the persons;

45
(j) The I.O should keep follow up of the chemical examiner’s
report or expert opinion on other forensic evidence. The
expert opinion should be collected without delay. In case
of any delay on part of the forensic examiners concerned
the matter should be brought into the notice of the senior
officers with a view to expediting the outcome of the
examination;

(k) The I.O should encourage independent witnesses to come


forward;

(l) If the parties choose to compromise and seek not to


pursue the case, under no circumstances I.O may decide
to accept compromise. The law does not permit
compounding of such case by police.

(m) The investigation must be completed within the stipulated


period and challan be submit without delay.

(n) At the scene of crime the I.O should ensure strict


adherence to the Police Rules 23.3 particularly the
provisions related to preventing the destruction of
evidence which may assist in ascertaining the cause of
death, preservation of all kinds of evidence, marking
and sealing of clothing or anything connected with the
incident, examination of crime scene etc.

Role of SPO:
a) The Sub-Divisional Police Officer should play his
supervisory role and will closely monitor the investigation;

b) The SPO should visit the scene of crime without delay


and supervise functions mentioned under role of the first
46
responder, SHO and I.O;
c) He should point out the omissions on the part of I.O
which may hamper investigation of the case. He should
guide the junior ranking officers in conduct of the
investigation and take corrective steps where necessary.

Role of SP Investigation:
a) Superintendent of Police investigation is responsible for
close supervision of the honour killing cases

b) It should be mandatory for the SP Investigation to visit


the scene of crime at the first available opportunity;

c) He should ensure that the investigation is entrusted to


an officer not below the rank of a Deputy Superintendent
of Police who will become actual I.O of the case and
should not delegate the investigation to any of his sub-
ordinates;

d) The SP Investigations should keep the DPO apprised of


the progress into investigation and will seek his assistance
where required;

e) The SP Investigation should ensure strict adherence of


the investigation staff to the guidelines;

f) The SP Investigation should co-ordinate with the


prosecution branch one the case is challaned and should
regularly follow the progress of the case at trial stage;

g) If the accused are acquitted, SP investigation should


prefer an appeal to the appellate court on appropriate
grounds;
47
Role of DPO:
a) The District Police Officer must realize that the honour
killing cases are to be given due importance and deserve
his personal supervision;

b) It is responsibility of the DPO to ensure compliance of


the standing operating procedures;

c) The DPO should, in his crime meetings with the SHO


and other staff, sensitize the police officers on importance
of the honour related murders and the standing operating
procedures to be adopted by them in dealing with honour
killings.

d) The DPO should arrange refreshers in his district for


officers of various ranks to make them aware of the good
practice guidelines relating investigation of honour
killings;

e) Where possible and to a reasonable extent the well


reputed NGOs may be co-opted to ensure justice is done
objectively;

f) The DPO should carefully follow the press reports


concerning incidents in his district and he should not
only thoroughly probe the matters reported in media but
where his version is different it should be given to the
media after due verification;

g) The DPO must establish a reliable system of reporting


to have authenticated statistics on honour killings.

48
Role in preventing honour killings:
a) The DPO, SPO and SHOs should make arrangements
to gather intelligence of incidents which may result into
a pre-meditated honour killings. Particular attention
should be paid to any jirga which is reported to have
established somebody as a kari or karo.

b) Where it is reported that there is credible threat to any


man or woman’s life being suspected as kari/karo, the
DPO, SPO and SHO should provide adequate security
until other arrangements are made;

c) Since police cannot provide protection for longer duration


to the individuals the NGOs be involved to send women
to shelter houses for their protection;

d) The DPO, SP Investigation, SPO, SHO and investigation


staff should take preventive action under relevant sections
of Cr.P.C if there is apprehension of breach of peace on
the basis of information received.

It has been observed that a number of the above mentioned


guidelines are not being followed by the police officers. Non-
adherence to these good practices has resulted into acquittal
of the perpetrators of such killings from the courts.
Consequently the there has been no visible decline in the
incidents of honour killings despite increasing awareness and
activism by the civil society.

49
Honour Killings In Sindh
Chapter 5
Legislative Response
Legislative Response

The problem of honour killings has to be addressed by a


befitting response by various institutions. One important part
of the solution involves legislative response. The legislation
should be aimed at achieving the following objectives:

(i) eliminating discriminatory aspects of laws;

(ii) Plugging in loopholes in the existing laws which provide


the accused opportunities to get away after playing direct
or indirect role in commission of crimes in the name of
honour. The laws need to be amended to eliminate
possibilities of abuse of legal provisions by the
perpetrators of such crimes.

(iii) The amendments in the laws which may ensure stringent


punishments for the criminals. There should be specified
minimum mandatory sentence.

(iv) The laws should be modified to ensure the side characters


involved in the murders in the name of honour should
also be held accountable. Those involved in conducting
faislas or jirgas, deciding on custody of the potential
victim of killing should also be nabbed.

(v) The appropriate amendments should ensure those


involved in concealment of the offence after the
commission of murder or those involved in hushing up
should also be brought to justice to create deterrence for
others.

53
(vi) The amendments are different stages involved in handling
of the honour killings cases. These legislative response
should attempt to rectify the following issues:

(a) Registration of F.I.R: The complainant in the FIR is


usually in league with the killers. The contents of FIR
are narrated in such a manner that the accused can avail
loopholes and can get away with the killing subsequently.
The complainant does not name all the accused involved
but usually just one person is shown as responsible for
the killings so that all other accomplices involved either
in execution, aiding, abetting, assisting or concealing
the crime escape prosecution of the offence. The police
officers are duty bound to lodge the FIR as narrated by
the complainant under S. 154 Cr.P.C. When the police
officers refuses to register a complainant’s FIR the courts
can order registration of cases under S.22-A of the Cr.P.C.
A solution has to be found to deny the accused of this
provision of law. In certain instances police officers
decide to lodge F.I.R on behalf of the state. Although
the existing law does not prevent a police officer from
becoming a complainant in FIRs but if one of the heirs
of the victim challenges the police decision of denying
him to be complainant in the FIR the police officer will
be on weak footing in defending his decision. Moreover,
if the police are authorized to exercise unfettered
discretion in refusing the so called complainant that may
have other serious consequences of abuse of authority.
An amendment in the law may give the police officer
option to refuse the informant related to the accused to
be complainant of the FIR after recording reasons for
such a refusal in writing. This discretion by the police
54
officer may be exercised where the officer has reasons
to believe that the complainant of the FIR is in collusion
with the accused and it should apply to the cases of
honour killngs only.

(b) Investigation: The Criminal Procedure Code needs to be


amended to raise the level of the officers authorized to
investigate the case. Under the existing law a criminal
case can be investigated under S.156 Cr. P.C by an office
in the rank of Assistant Sub-Inspector of police or above.
In order to avoid incompetent handling of the case and
countering undue influence of the local influential persons
an officer not below the rank of a Deputy Superintendent
of Police should be authorized to investigate the murder
where motive is believed to be honour.

(c) Trial: The legislative response pertaining to the trial should


ensure the honour killing cases should not be
compoundable under in any circumstances. This aspect
has been addressed by the Criminal Law Amendment Act.
Furthermore, the trial should be expeditious with regular
hearings. Moreover, when the judge will not allow the
parties to compromise the parties will try to ensure the
witnesses resile from their earlier version in the court
while giving live testimony. The judges should declare
the witness hostile and convict the accused on other
evidence if there is any. There should be guidelines for
the judge to give regard to the fact that the witnesses were
resiling from their earlier statements made before the
police officers because they might be in collusion with
the accused. Strict action has to be introduced for such
witnesses.
55
(d) Sentencing: There should be minimum mandatory
sentence for the perpetrators of honour killings.

The above mentioned legislative measures will go a long way


in eliminating discriminatory provisions in the existing laws
and preventing abuse of such provisions by the perpetrators
of killings in the name of honour. However, the legislative
response alone cannot offer an ideal solution to this deep-
rooted problem. A wide range of reforms aimed at addressing
conventional gender bias among the law enforcement and
judiciary, radically improving the investigative methods of
police, a reliable victim support programme, well co-ordinated
preventive policing strategies and effective public awareness
campaign will enable the institutions of criminal justice system
in our country to successfully tackle the issue honour killings.

56
Bibliography

Chaudhri Muhammad Naseem Justice (Retd.) Constitution


of Islamic Republic of Pakistan 1973. G.F. Printing Press
Lahore 2008.
Farani, M. Pakistan Penal Code (XLV of 1860). Nadeem Law
Book House, Lahore, 2007.
Ghazi, Nazir Ahmed Police Laws of Pakistan. Civil and
Criminal Law Publication, Lahore, 1992.
Hadi, Wagha (ed), Kari nahin shaheed aurtain. Aurat
Foundation, Karachi, 2008.
Haider, S.A Police Order 2002. Punjab House, Lahore, 2009.

Hanif, C.M. The Criminal Procedure Code, 1898: Updated


and Exhaustive Latest Commentary. Nadeem Law Book
House, Lahore, 1996.
Khan, T Beyond Honour: A Historical Materialist Explanation
of honour Related Violence. Oxford University Press, 2006.
Pakistan: Violence against Women in the name of honour.
Amnesty International, London, 1999
Sadiq, Ehsan Violence against women. National Language
Authority, Islamabad, 2004.
Shaikh, A.K., ‘Police and Honour Killings’, Dawn, February
25th, 2009.
Welchman, L. & Hossain, S. (ed), Honour crimes, paradigms
and violence against women. Oxford University Press,
NewYork, 2005.

57
Annexure

Honour Killings In Sindh


Questionnaire for Police Officers
(Honour killings study)

1. Questionnaire serial number:

2. Rank of the police officer:

3. Length of service:

4. Have you ever handled a case of karo-kari in your career?

5. What do you think are main three reasons for Karo-kari


incidents?

(i) ………………..

(ii) ………………..

(iii) …………………

6. Do you think those who kill men and/or women for


honour are justified?

7. Do you think most of the honour killing cases are due


to honour or some other reasons and allegation of
dishonour is mere allegation?

8. The decision to kill somebody for honour is taken by


more than one person jointly. Is it correct?

9. If yes, why the other persons involved in planning of


killings are not arrested by police?

10. Is there difference between honour killing and other


murders?

11. If yes, what is the difference?

61
12. Are women being killed in the name of honour or it is
mere an issue raised by the media?

13. Do you think the government should make strict laws


for preventing honour killings?

14. Why the perpetrators of honour killings don’t get


convicted?

15. Is defective investigation a reason for acquittal of the


accused?

16. Are the jirgas helpful?

17. Give suggestions for preventing honour killings:

Name of research assistant ……………….

62

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