Honour killings under the rule of law in Pakistan

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honour killing thesis

  • Ibrahim, Faiqa
  • 'Honour', an undefined notion in a patriarchal society like Pakistan, is used as a tool to justify the crime of murder. Violence in the name of honour is not a new phenomenon. Historically, it has been justified in the name of culture but the scope of this tradition has broadened with time and there is an enormous increase in the number of its victims. This cultural notion is interpreted in a way to control women's sexuality and to keep women subordinate to men. Honour killing is not legally sanctioned but the judiciary, the administration and the society often condone it one way or the other. In the tribal areas of Pakistan where such murder is not considered a crime, honour killing is a punishment for those who contravene against the traditional honour code. The wide acceptance of honour killing has made women suffer as a whole against their basic rights; human, constitutional and Islamic. This thesis focuses on the judicial redress against the crime of honour killings, which could be achieved by proper administration of justice. It contests that to control the crime in the patriarchal society of Pakistan, legislative measures are not enough. There is a dire need to eliminate the inadequacies of the administration of justice. The State could build a judicial framework to eliminate the inequality and discrimination against women. The judiciary could play an important role in bringing justice to the victims and in curbing this heinous crime.
  • Women's rights -- Pakistan
  • Women -- Crimes against -- Pakistan
  • Justice, Administration of -- Pakistan.
  • Honor killings -- Pakistan
  • Rule of law -- Pakistan
  • McGill University
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‘honour’ killing and violence: theory, policy and practice

  • Book Review
  • Published: 12 February 2016
  • Volume 112 , pages e8–e10, ( 2016 )

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honour killing thesis

  • Kavitha Rajagopalan 1  

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Edited by Aisha K. Gill, Carolyn Strange and Karl Roberts, Palgrave Macmillan, London and New York, 2014, 272pp., ISBN: 978-1-1372-8954-4, £70.00 (Hbk)

In a compact but powerful—and powerfully useful—book, Gill, Strange and Roberts have provided a compelling lens through which to broaden how policymakers, advocates, service providers, media and various publics around the world define, understand and respond to the global challenge of honour-based violence.

The text begins with the problem of language and definition crippling understanding and responses to honour crimes in various countries. George Orwell famously wrote in 1984 that an idea (and in turn a feeling or a belief) cannot exist without the word for it. The editors and authors of ‘Honour’ Killing and Violence: Theory, Policy and Practice start from a different place: that, in a world in which societies, economies and values systems are intermingling and converging so intensively, even a single word can contain many ideas and beliefs. Not only do the authors show us how ‘honour’ means different things to different people, families and societies, they also explain that it is undergirded by and embedded in value systems that see themselves as vastly different from each other. What this means, the authors demonstrate, is that any legal framework that seeks to dismantle values systems that use honour as a justification for committing systemic violence—and to replace it with a new, global framework—must develop a simultaneously universal and specific definition of ‘honour-based violence’.

The book’s first order of business, therefore, is to dismantle assumptions about honour and honour-based violence, and to redefine the term in such a way that enables us to view honour-based violence as part of gender-based violence generally. In turn, we may then view different types of gender-based violence as stemming from patriarchal systems of honour that exist in communities of many ethnicities, nationalities and culture. Thus, the book disentangles the reality of honour-based violence from narrow, often Islamophobic efforts to respond to such crimes.

The book also includes a carefully curated set of case studies and policy approaches illuminating different ways that countries have either allowed or limited violence in the name of honour, and how activists have or have not succeeded in raising public awareness or influencing policy. While these are useful tools for practitioners and advocates, who are presumably the target audience of this book, the conceptual framing of the text and the analysis of the various provisions lay fertile ground for future work.

When we can Instagram from the top of Kilimanjaro or tweet from the pounding heart of an anti-authoritarian uprising, the very notion of ‘remote’ seems to be a quaint relic of an older time. And yet, many media analysts have pointed out that media coverage of honour killings in the United States, Footnote 1 Canada ( Vatandoost, 2012 ) and the West ( Saeed, 2014 ) in general is often essentialist and narrowly focused on Islam or Muslim-majority cultures. The book not only clarifies that honour-based violence can be understood as one of many forms of violence against women or of gender-based violence, it offers a logical framework within which gender-based violence in many cultures and contexts can be understood as honour-based violence. Ultimately, readers may find themselves broadening their understanding to include many cultures and contexts, including perhaps their own, among those with honour-based values systems; I certainly did.

The text also examines how feminists and women’s rights activists have taken different and sometimes contradictory positions vis-à-vis media portrayal—where some activists, particularly in diasporic communities, are much more concerned with Islamophobia and Orientalism, for example, while other feminists are comfortable openly decrying religions as a source for honour-based violence.

The book is divided into two sections: (1) Conceptual Frameworks and (2) Operationalising/Practices of Honour and Violence. The first section offers a selection of theoretical and conceptual lenses through which to understand—and broaden our understanding of—honour-based violence. The first two chapters situate honour crimes within broader contexts: the legal language of domestic violence and historic practices in Europe and North America. The fifth and sixth chapters analyse concepts of honour and dishonour within the institutions of the family and the courtroom. The latter includes a particularly meaningful discussion of how legal institutions deprive targets of honour violence of consent, an issue that has come to the fore in new analysis of data on legal child marriage in the United States ( Reiss, 2015 ). Of particular interest is the third chapter, which offers a psychological analysis of why some individuals within certain social contexts commit honour crimes while others don’t, and can be viewed within the larger and emerging body of literature on why certain people join gangs or militant groups. These conceptual frameworks are not directly addressed in the case studies found in the second section, but if the book is read as a whole they illuminate the case studies in meaningful ways. The hope is that readers will not read selectively, but will take the time to absorb and return to this rich volume.

Practitioners and advocates familiar with the issue of honour crimes will also be familiar with many of the names and concepts in this book, but will still want to have it on their shelves because of its global perspective and its detailed case studies of advocacy and legislative efforts in places as wide-ranging as Scandinavia, India, Canada, Germany and the United Kingdom. If there is one drawback to this book it is that these concepts must make their way into wider circulation if they are to have any meaningful policy impact. Emerging scholarship on the role of media coverage in influencing policy ( Baum and Potter, 2008 ) shows us that, contrary to earlier thinking in media studies, media, public opinion and policymaking are part of a synthetic, symbiotic interrelationship. This book still seems to work within a bidirectional model of media influence in advocacy, in which media can influence policymaking or the other way around.

In other words, although the information and ideas in this book are profound and have the power to fundamentally transform the way we view and do policymaking around honour-based crime, these ideas are often couched in technical and occasionally academic language. One would love to see these ideas conveyed in accessible, broadly appealing prose that might engage a wider range of stakeholders in this issue than legal scholars or policy theorists—especially given the book's implicit premise that we are all stakeholders in the effort to dismantle honour-based values systems and the violence they engender.

This book is sure to spark an empowering and ultimately powerful conversation among scholars and activists on the issue of honour crimes, prompting them to engagement to reframe this issue as a global one, to build strategic alliances and information-sharing among advocates in different countries, and to apply successful strategies from one country to draft and incorporate effective legislation in other countries. While concepts of honour and shame are constructed, they are still very powerful, and will be difficult to dislodge even if the rule of law attempts to do so. Still, effective advocacy is a necessary tool to construct a rule of law, and this book is a must-have in the toolkit for advocates, scholars and practitioners working on ‘honour’ crimes.

Honor Killings: Tradition and Law, In the Media, http://sites.tufts.edu/anth27h/in-the-media/ [last accessed 13 November 2015].

Baum, M.A. and Potter, P.B.K., 2008. The relationships between mass media, public opinion, and foreign policy: toward a theoretical synthesis. Annual Review of Political Science, 11, pp. 39–65.

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Reiss, F., 2015. America’s child-marriage problem. The New York Times , 13 October. Available at: http://www.nytimes.com/2015/10/14/opinion/americas-child-marriage-problem.html?_r=0 [last accessed 13 November 2015].

Saeed, S., 2014. What the Western media gets completely wrong about honor killings. World.Mic , 2 June. Available at: http://mic.com/articles/90291/what-the-western-media-gets-completely-wrong-about-honor-killings [last accessed 13 November 2015].

Vatandoost, N., 2012. The News Coverage of Honour Killings in Canadian Newspapers . MA thesis. The Faculty of Social Science and Humanities, Criminology University of Ontario Institute of Technology, Oshawa, ON. Available at: https://ir.library.dc-uoit.ca/bitstream/10155/259/1/Vatandoost_%20Negin.pdf [last accessed 13 November 2015].

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Rajagopalan, K. ‘honour’ killing and violence: theory, policy and practice. Fem Rev 112 , e8–e10 (2016). https://doi.org/10.1057/fr.2015.68

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Published : 12 February 2016

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Shodhganga : a reservoir of Indian theses @ INFLIBNET

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  • GD Goenka University
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Title: The crime of honour killing a critical analysis of the law in India A thesis
Researcher: Sulakshana Mukherjee
Guide(s): 
Keywords: Arts and Humanities,Language,Language and Linguistics
University: GD Goenka University
Completed Date: 2019
Abstract: newline Since the dawn of human evolution crime has been a perplexing problem. There is hardly any society which is without the danger of crime. The concept of crime is essentially apprehensive with the social order .A common sense of communal respect and faith for the rights of others regulates the demeanor of the members of the society interse. Though most people consider in peace and harmony, yet there are a few who digress from this normal behavioural pattern. This imposes a responsibility on the State to sustain normal situation in society, which is only achievable through the instrumentality of law. newlineThere has been an extensive increase in crime rate in recent phenomenon. This can be accredited to the changes in social standards brought about by the modernization and industrialization of the current society. The present era is highly a competitive society where people are struggling to survive by any means and hence often compelled to apply unfair means to lead a dignified life in lieu of inequitable method. So problem remains as problem and no power is able to curb this societal rigidity and narrowness and as a consequence, different social issues are cropping up diminishing the very concept of law and justice in the country. newlineIndia is a country where women are worshipped in the name of Goddess but at the same time torment and torture against women still today a blazing issue. Hardly a day passed where we can see in newspaper or in news channels women are in safe hands. Women form about half of the population of the country, but their situation has been grim. Before independence, women were prey to many abhorrent customs, traditional rigidities and vices. In our Indian society Honour Killing is taking place in the name of culture and tradition. From the concept of patriarchal dominance to present newlinevi newlinemasculine mentality the trend has been going on autonomously. Honour killing is increasing day by day. Immediate attention is required in this neglected part of severe criminal offence .Law needs to be us
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  1. PDF HONOUR KILLING by Navratan Singh Fateh A thesis submitted in conformity

    HONOUR KILLING Navratan Singh Fateh Master of Laws Graduate Department of Law University of Toronto 2012 ABSTRACT This thesis is a timely response to the current developments of cultural forces which lead to honour killings in Canada. I believe that it is only through a detailed analysis of honour

  2. Honor killing as a dark side of modernity: Prevalence, common

    Honor killing takes place in communities which are both marginalized from the distributive and procedural processes of state power and at the same time stigmatized, based on the modern individualistic value system. ... PhD Thesis, Allameh Tabataba'i University, Iran. Google Scholar. Hirschi T (1969) Causes of Delinquency. Berkeley: University ...

  3. Reprehensible Behaviour: The Social Meaning Behind Honour Killings in India

    The Social Meaning Behind Honour Killings in India

  4. (PDF) 'Honor Killing' Crimes in Pakistan: A Scenario Analyzed Under

    Honour killing (HK) is a problem of public health concern but published data on the phenomenon are limited and many cases likely go unrecognized. ... This thesis focuses on the judicial redress ...

  5. Thesis

    The wide acceptance of honour killing has made women suffer as a whole against their basic rights; human, constitutional and Islamic. This thesis focuses on the judicial redress against the crime of honour killings, which could be achieved by proper administration of justice. It contests that to control the crime in the patriarchal society of ...

  6. PDF Understanding the Complex Motivations Behind Honour Killings: a ...

    Honour killings are tragically prevalent in societies where patriarchal norms dictate the control of women in the name of social order. These killings stem from a range of reasons, including a woman's defiance of arranged marriages or her choice to marry autonomously, as well as involvement in perceived dishonorable acts.

  7. PDF Literature's Contribution to 'Honour' Killings

    'honour' killing is. I have decided to use Husseini's definition for my thesis, and it goes following: A so-called honour killing occurs when a family feels that their female relative has tarnished their reputation by what they loosely term 'immoral behaviour'. The person chosen by the

  8. PDF 'Honour' Killings in Pakistan: Judicial and Legal Treatment of the

    to-end-honour-killings/> accessed 25 September 2018. 8 Gul Hassan Khan v the Government of Pakistan PLD 1989 SC 633. 'Honour' Killings in Pakistan: Judicial and Legal Treatment of the Crime: A Feminist Perspective 77 killings, that is, anti-honour killings laws of 2004 and 2016, will also be evaluated to see what effect, if any, they had ...

  9. PDF A Sheffield Hallam University thesis

    This thesis aims to uncover and explain the notions of honour used to instigate and justify honour killings of women and girls in Pakistan and amongst the UK's Pakistani community. Honour has been a central concept across many ... honour killings beyond their popular 'cultural explanation', that is,that honour

  10. Welcome to Pakistan Research Repository: Honour Killings in Pakistan

    Therefore, it concluded that the honor killings had been patriarchal and traditional methods, which permitted families, societies, political parties, religious leaders, practitioners, and the state to manipulate and subjugate women, making society at large unlikely to repudiate the honor killing. ... phd.Thesis: 3.64 MB: Adobe PDF: View/Open:

  11. HONOUR KILLING AND SILENCE OF JUSTICE SYSTEM IN PAKISTAN

    Abstract. This thesis attempts to contribute to our understanding of the problem of honour killing, and more specifically investigates why justice system in Pakistan has been failed to eradicate practice of honour killing particularly in Sindh. To investigate and analyze the research problem, the study incorporated interview assessments of ...

  12. 'honour' killing and violence: theory, policy and practice

    The text begins with the problem of language and definition crippling understanding and responses to honour crimes in various countries. George Orwell famously wrote in 1984 that an idea (and in turn a feeling or a belief) cannot exist without the word for it. The editors and authors of 'Honour' Killing and Violence: Theory, Policy and Practice start from a different place: that, in a ...

  13. Honour Killing -A Case Report and Review

    Ali Yazmin, Honor, The State, and its Implications: An Examination of Honour Killing in Jordan and the Efforts of Local Activists (A Thesis Submitted to the Graduate Faculty of Auburn University ...

  14. Book Review: 'Honour' Killing and Violence: Theory, Policy and Practice

    The text begins with the problem of language and definition crippling understanding and responses to honour crimes in various countries. George Orwell famously wrote in 1984 that an idea (and in turn a feeling or a belief) cannot exist without the word for it. The editors and authors of 'Honour' Killing and Violence: Theory, Policy and Practice start from a different place: that, in a ...

  15. PDF Honour Killing in Sindh Men's and Women's Divergent Accounts Shahnaz

    The main research question is, 'Are these killings for honour?' This study was inspired by a need to investigate whether the practice of honour killing in Sindh is still guided by the norm of honour or whether other elements have come to the fore. It is comprised of the experiences of those involved in honour killings through informal, semi-

  16. Binghamton University The Open Repository @ Binghamton (The ORB)

    The analysis of honor killings in Pakistan and how it is related ...

  17. PDF Honor Killing: A case study of Pakistan

    that are keeping the practice of honor killing as well as the recommendation to amend the relevant laws are explained in this research article. Key Words: Honor Killing, CEDAW, amendments, Pakistan, women's right 1. What is Honor Killing? To trigger this act only the suspicion that women committed an offence is more than enough. Mostly, the ...

  18. PDF Honour Honour onour killings in Pakistan underkillings in ...

    Pakistani Women face all kinds of domestic violence and abuse at the hands of male perpetuators' family members and community, even today women are mutilated, beaten and murdered in ritual "honour killings" (Jehanzeb 2004). It is estimated that one fifth of the "honour killings" in this world are committed in Pakistan.

  19. PDF Honour Killing-The Law it is and the Law it ought to be

    Honour killing is one of the types of cultural crime present in the country. An honour killing (also called a customary killing) is the murder of a (typically female) family or clan member by one or more fellow (mostly male) family members, in which the perpetrators (and potentially the wider community) believe the victim to have brought ...

  20. Shodhganga@INFLIBNET: Honour Killings Critical Explorations in Literary

    Honour Killings Critical Explorations in Literary and Cultural Representations: Researcher: Umesh Kumar: Guide(s): Pandit Narkar, Maya: Keywords: Critical Cultural Explorations Honour Killings Literary Representations: University: The English and Foreign Languages University, Hyderabad: Completed Date: 14/08/2015: Abstract:

  21. PDF HONOUR KILLING IN INDIA

    HONOUR KILLING IN INDIA 1R.PREETHI 1 Student, 5th Year, Bba.Bl(Hons), Saveetha School Of Law, Saveetha Institute Of Medical And Technical Sciences, Saveetha University, Chennai -77 ,Tamilnadu,India. 2DR.A.SREELATHA 2 Professor , Saveetha School Of Law, Saveetha Institute of Medical and Technical Sciences , Saveetha University, Chennai -77, Tamilnadu,India.

  22. Shodhganga@INFLIBNET: The crime of honour killing a critical analysis

    The crime of honour killing a critical analysis of the law in India A thesis: Researcher: Sulakshana Mukherjee: Guide(s): S Shantha kumar: Keywords: Arts and Humanities,Language,Language and Linguistics: University: GD Goenka University: Completed Date: 2019: Abstract: newline Since the dawn of human evolution crime has been a perplexing problem.

  23. 'Honor' and Its Upholders: Perpetrator Types in 'Honor'-Based Abuse

    Honor-based abuse (HBA) is perpetrated to protect or defend the honor of an individual, family, and/or community from a perceived violation of the accepted code of behavior (Hague et al., Citation 2012; Roberts, Citation 2014).No statutory definition exists for honor-based abuse, but it encompasses "violence, threats of violence, intimidation, coercion, or abuse (including psychological ...

  24. PDF Honour Killings in India: A Study of the Punjab State

    The study depicts that intolerance of the families to the pre-marital relationships and matrimonial choices of their daughters especially towards inter-caste marriages results into the honour killings. The extent of these causes, resulting into elopements and unpermitted love-marriages further aggravates the situation.