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Wednesday, December 19, 2007

The honor killing: The vicious facet of society.


The honor killing: The vicious facet of society.

(By Kashif Sarmad)





An honor killing is the murder of a victim (almost always a female) by, or the behest of, close family members with the aim of undoing the loss, or perceived loss, of wider family status owing to the actions or status of the victim. Victims are usually killed for actions seen to be sexually immodest. While honor killing is widespread among rural Muslim tribes in Pakistan, Iran and various Arab countries, it is much rare in the Muslim communities of Malaysia and Indonesia. It had also occurred among Sikh adherents.

The United Nations Population Fund (UNPF) estimates that the annual worldwide total of honor killing victims may be as high as 5000 women.

Human Rights Watch defines “Honour Killing” as follows:

Honour crimes are acts of violence, usually murder, committed by male family members against female family members, who are held to have brought dishonor upon the family. A women can be targeted by (Individuals within) her family for a variety of reasons, including: refusing to enter into an arranged marriage, being the victim of sexual assault, seeking a divorce-even from an abusive husband in a way that “dishonors” her family is sufficient to trigger an attack on her life.

For example, honor killings can sometimes target women who choose boyfriend, lovers or spouses outside of their family’s ethnic and/or religious community.

Similarly, in certain cultures a raped single woman will garner to hide price if she marries; this she will be regarded as a worthless burden on the family, which can be a death sentence.

Some women who bridge social divides, publicly engage other communities, or adopt some of the customs or the religion of an outside group may this also be attacked. In countries that receive immigration, some otherwise low-status immigrant men and boys have asserted their dominant patriarchal status by inflicting honor killing of one of their own, when they agree that the family is the property and asset of men and boys.

As far as Pakistan is concerned, numerous cases of honor killings have been reported in Pakistan. During the year 2002 in Pakistan about four hundred people (Men& Women) were killed in the name of Karo-Kari(Karo Means Black Men) (Kari Means Black Women) in Sindh out of 382 (245 Women-137 Men). The phenomenon of the killing in the name of honor has direct relevance to the illiteracy rate, as these killings are more common in the areas where the literacy rate is lower.

According to a report Issued by the Human Rights Commission of Pakistan (HARCP), Jacobabad District ranked first in terms of murder in the name of Karo-Karo (66 Women, 25 Men). Jacobabad district has a literacy rate of 23.66%, the least literate district of Sindh after Tharparkar District, and Thatta District. After Jacobabad, the Ghotki District witnessed the highest number of the murders in the name of Karo-Kari (13 Men, 54 Women). After Gotki, Larkana is the district with the next highest murder rate in the name of Karo-Kari (24 Men, 38 Women). Larkana as well, has a low literacy rate of 34.95. This is lower then even Naushero Feroz District, Dadu District and Khairpur District, having 39.14, 35.56 and 35.50 percent literacy rates respectively. These districts of the upper Sindh have low literacy rates but high feudal influence in every walk of life. Jacobabad, Ghotki and Larkana are those districts of Sindh were not only the illiterate ones, but trial chieftains are also in large number.

According to a report released by the HRCP, the cases of Karo-Karo are mostly settled as Jirgas, the private and parallel judicial system of Chieftains. However, districts of lower parts of Sindh like Tharparkar, Badin and Thatta experience nominal occurrences of honor killing because they have lower amount of feudal influence there.


An Amnesty International Statement adds:

The regime of honor is unforgiving: women on whom suspicion has fallen are not given an opportunity to defend themselves and family members have no socially acceptable alternative but to remove the stain on their honour by attacking the woman.

Some sources suggest that honor killings occur regularly in the Muslim world, Islamic religious authorities prohibit extra-legal punishment such as honor killings, since they consider the practice to be a cultural issue. They believe that since certain pre-Islamic cultures have influence over a number of Muslims, murderers of females use Islam to justify honor killing, but claim there is no support for the ct in the religion itself. The death penalty cannot always be applied in the Sharia as murders are a type of “Qisas” (retaliation) crime 2-178. This means that the deceased’s family should be offered the choice of capital punishment or “Diyya” (blood money) and no execution can take place without them opting for death. Because a relative(s) is usually responsible for the honor killing, it is unlikely that the deceased’s family will punish one of their own for the crime. However other punishments can be legislated and the murderer cannot pardon himself.


Generally, women in Pakistan face staggeringly high rates of rape, sexual assault, and domestic violence while their attackers largely go unpunished owing to rampant incompetence, corruption, and biases against women throughout the criminal justice system. Women who report rape or sexual assault encounter a series of obstacles. These include not only the police, who resist filling their claims and misrecord their statements, but also medico legal doctors, who focus on their virginity status and lack the training and supplies to conduct adequate examinations.


Women victims of domestic violence encounter even higher levels of unresponsiveness and hostility, as actors at all levels of the criminal justice system typically view of domestic violence charges by trying to reconcile the concerned parties rather then filling a report and arresting the perpetrator, and the few women who are referred to medico legal doctors for examination are evaluated by skeptical physicians who lack any training in the collections of foresenic evidence. When asked about the domestic violence victims who have been examined at his office, the head medico legal doctor for Karachi explained that “25 percent of such women come with self-inflicted wounds”.


According to the constitution of Pakistan the security of person is stated as under:

Right of life is guaranteed by Article 9. Right of “access to justice to all” is a well established/recognized inviolable right embodied in Article 9 of the constitution and is equally found in the doctrine of “due process of law”. Right includes the right to be treated according to law, the right to have a fair and proper trial by an impartial court of Tribunal.

Justice, therefore, can only be done if there is an independent judiciary which should be separate from Executive and not at its mercy or dependent on it. The provision amounts to a declaration that no person is to take life or liberty of another person, except under a law authorizing him to do so. The person, whose life is threatened, is therefore, entitled to require the person seeking to deprive him of the right to live or move freely, to show the legal authority under which he is purporting to act. No public functionary or private person may injure or confine a person, unless he has a legal warrant to do so. (1931)35 CWN 755. (P.C). The Holy Prophet (P.B.U.H) said at Arafat on the occasion of his farewell pilgrimage; that “your lives and property are sacred and inviolable as the sacred and inviolability of this very day (of pilgrimage)”


The Constitution of Pakistan's article 4(1) and (2) clearly state that "To enjoy the protection of law and to be treat in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being with in Pakistan. In particular (a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law, (b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and (c) no person shall be compelled to do that which the law does not require him to do."

Universal declaration of Human Rights article 24(2) says, "Recognition of the inherited dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world."


Moreover, as far as the Hudood Law is concerned it’s besieged by preconceived notion and prejudice. The Hudood ordinance says, where the victim of rape, usually a female; has to produce four witnesses to prove the case. Likewise, the law states that these witnesses should be law abiding pious Muslims. And for falsely accusing a person of unlawful intercourse (Qadhaf), the petitioner will get eighty stripes as punishment.

As for the trial in rape cases, typically, in the words of a Lahore district attorney, “The past sexual history of the victim Is thrown around and touted in court to the maximum” Furthermore, women who file rape charges open themselves up to the possibility of being prosecuted for illicit sex if they fail to “prove” rape under the 1979 Hudood Ordinances, which criminalize adultery and fornication. As a result, when women victims of violence resort to the judicial system of redress, they are more likely to find further abuse and victimization.


I wondered, after reading that how it feasible is that four people walk around at the place of rape and if they are then, they will stop the person committing rape instead of waiting their turn to give statement in court? Or women should take four people with her, so if she gets raped, she would take them to court for statement. Are the rapists dim-witted enough to commit rape in public? The predicament is women will not go in the court to register case against rapist in fear of getting punishment of eighty stripes.

Since 2002, for the first time in Pakistan, there were handsome majority of women in central and provincial parliament but ironically it didn’t turn to be a red letter day for women of Pakistan. They expected to present aggressive aptitude to bring necessary legislations for women and to compel government to implement it. They failed to do so and it does not justify sidelining their failure with any political statement.

Specifically, the honour killing is the unhealed injury on society by our counterfeit and inhumane culture and norm. I reckon that the civil society and government should play crucial and swift role to eliminate not only honor killings but every single features of injustice with human being and specifically with women. There are some suggestions as under in order to counteract this issue:

1. Government should establish legal body with law enforcement agencies to shield women in any matter in well standard comportment and to pressurize Law enforcement agencies to conduct inquiry of cases (against women) in lawful manner and promptly.


2. The NGO’s and Government should jointly broaden education in rural areas and/or effected areas; they should launch an awareness programme in which they will literate women about their civil and constitutional rights in their own regional language.

3. Government should set up a panel of lawyers in every court of law and panel of doctors in every hospital to deal with any case of women without any hassle and red-tapism.

4. Government should repeal or amend the Hudood Laws to give relief raped victim, instead of more victimized by the paradoxical law, which is full of “ifs and buts”.


Until and unless government, civil society and law enforcement agencies won’t come and counter this sinfulness, our whole civilization will give a look of butcher house where people will behead the humanity everyday and every single moment.

3 comments:

Anonymous said...

Thanks for blogging about this subject, Kashif. . .and so intelligently.

Ellen R. Sheeley, Author
"Reclaiming Honor in Jordan"

Unknown said...

Thanks Ellen for you encouragement in the shape of appreciation. Take good cares!!


Regards
Kashif Sarmad

sobia said...

hi kashif,
very good article. a very well researched one.