Background:

Murder for honour commonly known as "Honour Killing" predates the British coming to the Subcontinent. The British legalized this practice in the Penal Code of 1860, but enforced strict conditions that had to be met for mitigation of punishment of such a crime.   After 1947, in feudal-dominated rural Pakistan, this age old custom became rampant and came to be a well-entrenched part of a culture where, the garb of religion and tribal customs were used to control a less privileged population. Needless to say, in a society where women are sometimes considered little more than personal property, the majority of victims were overwhelmingly female.

The ordinance of Qisas and Diyat, promulgated in 1990, reconceptualized the murder, manslaughter and physical injuries inflicted or committed under this practice. For the first time these heinous crimes became a family matter ! The refusal of Police to register such cases became the norm; the argument being that these were not crimes against the State. In addition, the Judiciary also abdicated their responsibility by letting the tribal jirgas run amok; these jirgas could openly and with impunity declare any man or woman as "Karo {black (one)}", or "Kari", respectively, if in their opinion, the tribe had been dishonoured by the real or imagined acts of this couple. The role of the State was relegated to that of a mere mediator even if murder had been committed.

The Qisas (punishment equal to offence) and Diyat (blood money) ordinances were renewed periodically by presidential order. They were finally made a law after being passed by the parliament in 1997. The lower judiciary overwhelmingly misused Qisas and Diyat laws and crimes like murder were made compoundable. For instance, fathers killed daughters who dared to marry of their own free will; brothers killed sisters who were considered "rebellious", personal feuds were settled by killing the targeted person and then a woman of one's own family. These crimes were then justified under the guise of   "honour", which was subsequently reinforced by the State.   The Murderers were hailed as "heroes" and protectors of "family honour".

The gravity of the problem can be judged by:

In 2003 alone, "Honour Killing" accounted for 1261 murders - ALRC

It is encouraging that "Honour Killing" is now being openly discussed in the parliament. However, some parliamentarians, especially those belonging to the feudal classes, who use this practice to maintain control of their constituents, openly support the practice of "honour killing".