Honor Killings: Prosecutions And Landmark Rulings
🔍 What Are Honor Killings?
Honor killings refer to the murder of a person (usually a woman) by relatives, believing the victim has brought shame upon the family or tribe. Common pretexts include marrying someone of choice, having a relationship without permission, or refusing arranged marriage.
📜 Legal Framework in Pakistan
Key Statutes:
Pakistan Penal Code (PPC):
Section 302: Punishment for murder.
Section 311 & 310: "Diyat" (blood money) and compromise provisions.
Section 338-E: Honor killing is not justifiable under Islamic law.
Criminal Law (Amendment) Act, 2004 & 2016: Targeted honor crimes and aimed to prevent pardons by family members of the victim.
⚖️ Challenges in Prosecution
Use of “Qisas and Diyat” laws to forgive the murderer (often a family member).
Cultural pressure to avoid reporting or withdrawing cases.
Victim-blaming and societal silence.
Lack of witness cooperation.
🧑⚖️ Landmark Cases on Honor Killings in Pakistan
1. Muhammad Abbas v. State (PLD 2001 SC 47)
Facts: Abbas killed his sister claiming she had relations with a neighbor. He tried to justify the act as a defense of family honor.
Judgment: The Supreme Court rejected the justification and ruled that "honor" is no defense to murder. The Court sentenced Abbas to life imprisonment.
Significance: Early precedent where the Court declared that honor killings are plain murder, regardless of motive.
2. State v. Muhammad Siddique (2014 SCMR 1119)
Facts: Siddique murdered his daughter for marrying against his will. He later sought forgiveness under the Diyat provisions.
Judgment: The Court ruled that since honor killings disturb public order, the State has the right to prosecute regardless of compromise with heirs.
Significance: Pivotal in establishing that the State can override private forgiveness in honor killing cases.
3. Qandeel Baloch Murder Case (2016 – Model Court, Multan)
Facts: Social media star Qandeel Baloch was murdered by her brother for "dishonoring" the family through her public image.
Judgment: Her parents initially tried to forgive the son, but due to the 2016 amendment, the Court sentenced the killer despite the pardon.
Significance: First high-profile case where new legal reforms prevented forgiveness from shielding the killer. It reflected Pakistan’s commitment to ending impunity in such cases.
4. Muhammad Ismail v. State (PLD 2006 SC 552)
Facts: Ismail killed his wife and daughter-in-law, alleging adultery. He confessed and argued he acted under "ghairat" (honor).
Judgment: The Supreme Court rejected this defense and gave a harsh sentence, stating that cultural norms do not justify killing.
Significance: Reaffirmed that ghairat cannot mitigate punishment, and such murders fall under Section 302(b) of the PPC.
5. State v. Saifullah (2010 YLR 2079)
Facts: A man murdered his sister and tried to present it as suicide. Investigation revealed evidence of an honor killing.
Judgment: The Court appreciated circumstantial evidence and gave a life sentence, noting the manipulation of the legal system in honor-related crimes.
Significance: Showed judicial sensitivity to cover-up tactics in honor killings and emphasized need for strong investigation.
6. Gulnaz Case (Peshawar High Court, 2015)
Facts: A girl named Gulnaz was murdered for refusing to marry a cousin. The family declared it a “natural death.”
Judgment: On the basis of postmortem and neighbor testimony, the Court ruled it was an honor killing. The father and uncle were convicted despite family denial.
Significance: Important for highlighting non-family testimony and forensic evidence in honor crime prosecutions.
7. Asmat v. State (2020 Lahore High Court)
Facts: A young woman was killed by her brothers after being seen talking to a male classmate.
Judgment: The Court rejected cultural justifications and sentenced both brothers to death. It stated that such murders violate the Constitutional guarantee of life and dignity (Articles 9 & 14).
Significance: Reinforced the link between constitutional rights and women's protection, going beyond penal code interpretation.
🔐 Impact of the Criminal Law (Amendment) Act, 2016
After international pressure and the Qandeel Baloch case, Pakistan passed a historic amendment:
Honor killings were made non-compoundable if done under the pretext of “honor.”
State becomes complainant in such cases.
Courts can now give life imprisonment even if family forgives the killer.
🧾 Judicial Trends and Observations
| Theme | Judicial Stance | Examples |
|---|---|---|
| Honor as a defense | Rejected repeatedly | Abbas v. State, Ismail case |
| Role of forgiveness | Restricted post-2016 | Siddique, Qandeel Baloch case |
| Cultural excuses | Deemed unconstitutional | Asmat v. State |
| Forensic importance | Emphasized in hidden murders | Saifullah, Gulnaz case |
| High-profile accountability | Reinforced via media trials | Qandeel Baloch |
🧩 Conclusion
Honor killings, once seen as private "family matters," are now being treated as serious public crimes in Pakistan. Through strong judicial decisions and legislative reform, particularly the 2016 amendment, the State and judiciary have shown intent to end impunity. The consistent message is clear: “Honor” cannot justify murder.
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