Oct 2004:
Dec 2004
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- Rai Mansab Ali Khan - (Details) (PML-Q) chairman of the National Assembly standing committee on Law, Justice and Human Right presented a bill declaring honour killing "Intentional Murder".
- Bill was approved by the National Assembly. PPPP opposed the bill because their bill on Honour killing which was presented earlier to the committee was not even discussed in National Assembly. In their opinion their bill was more comprenhensive in addressing Honour Killing. ANAA researched their bill and found that PPPP bill was prepared in consultation with Human Right commission of Pakistan (HRCP) and Aurat Foundation. (ANAA is trying to get the actual copy of the bill)
- Senate passes (un-amended) Honour Killing Bill.
- Bill will become a law once signed by the President.
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Good points in the bill:
1. Bill equates honour killing with "intentional murder" and enhances punishment for it.
2. Bill states that in case of honour killing the family members (legal heirs) cannot pardon the offender.
3.
It will be an offence to give a woman (or girl) in marriage to another person to settle a dispute.
4.
In case of honour killing the provincial government will not have the power to remit or suspend the sentence.
ANAA's criticism:
It is a piecemeal bill and is trying to correct a situation without going to the roots of the problem.
Because:
1. It is the State's responsibility to protect the life and honour of its citizens. By enacting Qisas and Diyat law the State
conveniently made killing or harming for honour a family matter. This could then be settled by "blood money" or by the family pardoning the offender. Not addressing Qisas and Diyaat laws before proposing this bill is ridiculous as any lawyer can challenge the new law as being against Qisas and Diyat laws.
SOLUTION:
First (or simultaneously) Qisas and Diyat laws have to be repealed or made impotent by liberal and progressive interpretation.
2. This bill on the one hand bars pardoning of honour killing by the family and on the other hand allows the offence committed in the name of honour to be waived or compounded based on conditions set by the court with the consent of the victim's family.
SOLUTION:
Since most if not all honour killing is perpetrated by the victim's family members the bill should have clearly left sentencing and other related procedures up to the State alone. The victims family should have no say in this matter.
3. Jirga system remained untouched. Parallel justice is not only an insult to the State but is the most potent weapon in hands of feudals to continually facilitate "honour killing".
SOLUTION:
Jirga system should be abolished.
Related Links:
The News: EDITORIAL: criticizes the bill and recommends the state rather than family to be made the "wali"- (Jan 05)
DAWN: Opposition demands removal of flaws in honour Killing bill. PPP Senator Farooq Naek rightly suggested that in such cases State should be the Wali, punishment should be mandatory and should include jirga or family members if they were involved. MMA's Prof Ibrahim said that there were few things in the bill that were un-Islamic and MMA would like the bill to be reviewed and passed by Council for Islamic Ideology. Full Report - (Dec 04)
Daily Times: EDITORIAL: Honour killings: weak bill is evidence of weak will. (Oct 04)
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