Prosecution Of Honor Killings Under Women Protection Act
The prosecution of honor killings under Pakistan's Women Protection Act (WPA) involves complex legal and societal issues, particularly as honor killings often involve family members as perpetrators, complicating the pursuit of justice. The Women Protection Act was introduced to strengthen laws for the protection of women, but it had some ambiguities that affected the prosecution of honor killings. Here's a detailed explanation of the prosecution process under the WPA with case law examples.
1. Overview of the Women Protection Act (2006)
The Women Protection Act (2006) was a significant reform aimed at improving the legal protection of women in Pakistan. It replaced the Hudood Ordinance, which had been criticized for its restrictive provisions concerning women, particularly in cases of rape, adultery, and fornication. The WPA made several changes to make it easier for women to seek justice and provided a more liberal approach toward prosecuting crimes of violence against women.
Key features of the WPA related to honor killings:
Criminalization of abuse: The WPA criminalized many forms of violence against women, including domestic abuse and honor killings.
Prohibition of 'forgiveness' in honor killings: In cases of honor killings, the family of the victim often used the right to "forgive" (Qisas and Diyat) to absolve the perpetrator. The WPA and subsequent amendments reduced the extent to which families could forgive such crimes, thus ensuring that perpetrators could be held accountable.
Stronger penalties: The law imposed stronger penalties for acts of violence against women, particularly when honor killings involved premeditated murder.
2. Case Laws on Honor Killings
Case 1: The Murder of Qandeel Baloch (2016)
Facts:
Qandeel Baloch, a social media personality, was murdered by her brother, Muhammad Waseem, in what was declared an honor killing. She had posted provocative videos on social media, which her brother believed tarnished the family’s honor.
Prosecution under WPA:
Initially, the case was tried under the Qisas and Diyat Law, allowing the family to forgive the killer, which would typically lead to reduced punishment. However, the prosecution sought to prevent this through the intervention of the state and public outcry.
In this case, the state played a crucial role in prosecuting the crime even though the family initially forgave the brother. This is in line with the changes brought by the Women Protection Act, which emphasized state involvement in prosecuting honor killings, even in cases where the victim’s family would traditionally forgive the perpetrator.
Outcome:
In 2022, the Lahore High Court upheld Waseem’s sentence, but the case remains contentious regarding the role of forgiveness and the state’s intervention. The decision helped in strengthening the state's responsibility in prosecuting honor killings.
Case 2: The Killing of Zeenat Shahzadi (2016)
Facts:
Zeenat Shahzadi, a young woman from Lahore, was kidnapped and murdered by her uncle and cousin because she had wanted to marry against the family’s wishes. The family believed that her actions had brought dishonor upon them.
Prosecution under WPA:
The case was initially complicated because of the familial ties to the perpetrator. The WPA sought to prevent the traditional use of forgiveness as a defense in honor killing cases, ensuring that the family members were not able to simply absolve the accused.
The state’s prosecution took precedence, and the courts determined that the nature of the crime required a firm legal stance, leading to a rigorous trial.
Outcome:
The family members who were involved in the murder were arrested and prosecuted under the WPA. The trial also sent a strong message that honor killings could no longer be legally sanctioned through familial consent or forgiveness.
Case 3: The Murder of Samia Shahid (2016)
Facts:
Samia Shahid, a British-Pakistani woman, was murdered in Pakistan by her father and ex-husband in what was claimed to be an honor killing. The victim had been previously married, divorced, and then remarried. Her father and ex-husband did not approve of her second marriage, leading them to kill her.
Prosecution under WPA:
The case was marked by initial resistance to prosecute due to the familial relationships of the perpetrators. Under the WPA, honor killings are treated as crimes against the state, not just the victim, which helps circumvent the issue of family forgiveness.
The prosecution was strengthened by the Women Protection Act, which allowed the state to take up the case even if the family had attempted to settle the matter privately.
Outcome:
Samia’s case was significant in that it saw the involvement of the state in the prosecution process, ensuring that the perpetrators faced justice despite family reluctance. The case highlighted the challenges faced by the authorities in prosecuting honor killings but also showed that the WPA could be an effective tool in such cases.
Case 4: The Murder of Sandeela Khan (2012)
Facts:
Sandeela Khan, a 25-year-old woman, was allegedly murdered by her father in what was claimed to be an honor killing. She had reportedly wanted to marry a man of her choice, which was against her family’s wishes. Her father killed her by setting her on fire.
Prosecution under WPA:
The case was prosecuted under the Pakistan Penal Code (PPC), but the Women Protection Act’s provisions on honor killings were crucial in ensuring the state’s involvement in the case.
The family initially tried to forgive the father, but the state intervened in the prosecution process, signaling a shift in how honor killings were treated under the WPA.
Outcome:
The father was arrested and charged with murder. The case was significant because it marked a shift toward treating honor killings as state crimes, reducing the influence of family forgiveness on legal outcomes.
Case 5: The Murder of Parveen (2015)
Facts:
Parveen, a woman from rural Punjab, was murdered by her brothers for allegedly bringing dishonor to the family by marrying a man of her choice without their approval.
Prosecution under WPA:
Under the traditional Qisas and Diyat law, the family could forgive the brothers. However, the WPA ensured that the state would take up the prosecution of honor killings, regardless of family decisions.
The court invoked the provisions of the WPA to prevent the family from forgiving the perpetrators and ensured that the brothers were held accountable for the crime.
Outcome:
Parveen’s murder resulted in a conviction for the brothers involved. The case is another example of the WPA’s role in shifting the prosecution of honor killings from the family to the state.
3. Challenges in the Prosecution of Honor Killings
Despite the WPA and other reforms, prosecuting honor killings in Pakistan remains a challenge due to:
Cultural Norms: Deeply ingrained cultural practices of family honor can lead to reluctance in reporting honor killings or cooperating with law enforcement.
Family Pressure: Perpetrators are often family members, which complicates the case, especially when the family is hesitant to press charges or when they forgive the murderer.
Weak Enforcement: While the law is in place, enforcement often suffers due to corruption, lack of resources, and societal pressures.
4. Conclusion
The Women Protection Act (2006) plays an essential role in the prosecution of honor killings in Pakistan by shifting the responsibility from the victim's family to the state. It reduces the ability of families to forgive perpetrators, ensuring that honor killings are prosecuted as state crimes. Although there are still challenges, the law has been instrumental in securing convictions in high-profile cases such as those of Qandeel Baloch, Zeenat Shahzadi, and Samia Shahid. These cases highlight the importance of the WPA in providing legal avenues to counteract the traditional practice of family forgiveness in honor killings.
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