September 18, 2003

How serious is the Sindh government about taking action against honour killings? By the looks of it not much, writes Shahid Shah

A legislative act against honour killings is the only way women can be saved from heinous crimes like Karo Kari. It is tragic therefore to read how the sheer negligence of legislators has caused hundreds of women to die every year in the country, especially in Sindh. Due to a weak law that allows women to be victimized, their murderers are set free to pose as a threat to others.

In the upper part of Sindh, where there is a high record of such cases, the perpetrator feels a certain level of “prestige” when he kills a relative under the cover of ‘sudden provocation’.

According to Madadgar, a unit of Lawyers for Human Rights and Legal Aid (LHRLA), 390 women were killed in Sindh between January 1 to August 18 this year for their alleged involvement in illicit relationships. In 146 cases it was the husband who killed his wife; in 22 cases the father killed his daughter, and in 11 cases it was the son; others included brothers, cousins, daughters, ex-husbands, fathers-in-law, friends, in-laws, nephews, uncles, and other relatives.

Dr Ishratul Abad, the Sindh Governor, has declared that strict measures will be taken to curb honour killings in the province. However, the government will have to face serious obstacles, and it seems to be uncertain as to what additional measures need to be taken when dealing with such cases which are classified as murder.

Meanwhile, those who command much influence in upper Sindh have justified the existence and practice of honour killings. If somebody finds that his close relative (i.e., mother, sister, wife, and daughter) is having illicit relations with someone, he becomes blind and kills her.

Even during the days of colonial rule, the British had protected such murderers under the law of provocation. Those women who are found guilty [of illicit relations] must be punished,” says Sardar Manzoor Khan Pahnware, Sindh minister for fisheries and livestock and chairman of the Karachi Fisheries Harbour and Fishermen Cooperative Society.

Mr Pahnware is just one of the Amins (decision makers) of upper Sindh, who declares someone guilty in a Karo Kari case after listening to both sides of the parties; he also charges the guilty with a fine. “The fine of a murder in Karo Kari case ranges from Rs 100,000 to Rs 150,000,” he says while denying the charges that Amins takes commission from both the parties.

“The waderas (feudals) do not take bharwat (commission on illegal terms). Relatives of the victim get no relief in court, so the wadero is the person whose decision lets them get some compensation. As everyone knows offenders are released from the police stations after paying bribes, which do not go to the victim’s party. A case takes a long time to be decided by the court while the wadero makes the decision on an urgent basis,” explained Pahnware while criticising the present legal system.

Karo Kari cases are mostly found in upper districts of Sindh which includes Larkana, Shikarpur, Jackobabad, Dadu, Ghotki, Khairpur, and Nawabshah. Lower Sindh has not witnessed as many cases. “People of lower Sindh are more tolerant when it comes to such matters,” said Pahnware. “Seventy per cent of the cases are genuine, and murder is justified. In the remaining cases the offenders are guilty of settling old disputes. These offenders must be punished. In our culture it is impossible for a person to let his relative go scot free if she is found guilty of illicit relations with someone.”

Islamic law strongly condemns adultery. A married person can be punished by death, and those who are unmarried can face severe punishments. But it is usually women who are targeted and victimized. They are even killed on the basis of suspicion and if that happens, society justifies it and no family member dare grieve the loss.

“Although legislation is necessary, it is not enough. Perpetrators are set free under the words of ‘grave and sudden provocation’,” said Zia Ahmed Awan, President LHRLA. “If a wadero prohibits people from giving evidence, no one pursues the case. It is necessary for the community to discourage such cases on a moral basis. At the same time, it is also the duty of the NGOs, academics, health practitioners, and other members of society to play a role in spreading awareness among people.

“Special laws are required; we see their existence in other parts of the world. Most of the sections need to be changed, as there is no provision for compensation. There is no witness protection programme so any witness is at the mercy of the accused. There have been many cases when policemen have helped the accused threaten the witness,” Awan said.

The present Sindh Assembly comprising mostly of ‘feudals’, will soon have to face obstacles in their opposition to honour killings. The opposition submitted an adjournment motion in the assembly, signed by five members, but at the time of writing this report, no debate had taken place.

It becomes more difficult to debate such heinous crimes against women when those in the government justify them. They are ready to criticize women and their actions, but no one is ready to speak out against the male perpetrators.

“Women should obey the orders of Islam regarding pardah. If they do not obey that and are found guilty, they should be punished,” said Altaf Unnar, Sindh minister for revenue, and another influential of upper Sindh. “In cases in which innocent women are killed, the offenders should be punished — but only in such cases.”

It is ironic that only women from the lower classes in upper districts are murdered. One rarely hears of cases of women from well to do families being targeted or killed for their involvement in illicit relations. “The Sindh Assembly mostly comprises ‘feudals’ and they condone the murders of women from poor families.” While there is talk of a resolution being tabled with regard to honour killings, there are a number of obstacles the government will have to face. “The government has compromised with the waderas, because they are a part of it. The government should be on the victim’s side, and the state itself should pursue the cases,” said the columnist.

Although the government does look for witnesses, due to an unruly police force and a weakened legal process, hardly anyone is willing to come forward to testify, especially if and when a wadera threatens or forbids them to do so.

“It is not only a witness who is part of the evidentiary hearing. There are also other materials of evidence that should be tapped into. If one offender in each district was to be hung, the incidents will stop occurring. This happened in the 1920s when under the British rule three perpetrators were hung, and we didn’t hear of any incident after that for the next 20 years,” says Sher Mohammad Khuhaware, a senior Sindhi journalist.



 

The Sindh governor has said that solid measures will be taken to protect victims of honour killings in the province. However, Ghulam Nabi Shah, the law secretary, Government of Sindh, says that the government can’t do anything to protect the victims until the local people come forward as witnesses. “No legislation will prove beneficial to save women from being killed until witnesses come forward. Until then women will continue to be victims in such cases.”

Q: Why are the offenders of karo kari not brought to justice?

A: When a woman is killed for being a kari, the court of justice requires witnesses of the murder to come forward. But this never happens which is why offenders go free.

Q: How can offenders be punished and victims protected?

A: Since the law declares karo kari as murder, and the offender is not provided any incentive in the case, only the witness is required in the court of justice. If no witness comes forward, no law will convict the guilty.

Q: Given the governor’s statements, what measures is the Sindh government taking?

A: The government wants people to register their cases, and come forward as witnesses. Apart from this no solid measures have been taken so far.

Q: How will the people come forward to register their cases when so many times the offenders are close relatives of the victim?

A: There is a need to spread awareness amongst people to come forward and register cases. This awareness will be spread through the electronic and print media.

Q: The print media has played its role. What is the government planning?

A: I cannot start a movement all by myself; the government must take the initiative to begin this movement of awareness.

Q: Is there any loophole provided to the offender of karo kari?

A: Karo kari is seen as murder according to Islamic law, all murder cases in Pakistan are handled through this law, which has no definition of karo kari murders without witnesses. Murder of karo kari is being registered under Section 302 of the PPC. The sentences of “sudden provocation” or “under the act of honour” have no meaning in court. In Islamic law, there are different sentences for different types of cases.

Q: Do you justify such murders?

A: No. Most of the murders take place on false blame. Even if there is a real case, the murder cannot be justified. People in rural areas send their wives, sisters, and other relatives to work in the field. They are beaten up for the sake of money. Such male members rely on the income of their womenfolk. Women can make any mistake in these conditions, but even then, the men are responsible for that. A case had come to court where the offender, husband of the victim, had stated that he suspected his wife’s illegal relationship with a popular folk singer, because she used to listen to his songs.

Q: Do you see the need to enact further legislation to protect the victim?

A: No. Since it is already a murder case how can it be defined further?— S.S.

Please Visit our Sponsor (Ads open in separate window)