Honor-based Violence
Honor Based Violence (HBV) is a term used to describe violence committed within the context of the extended family which are motivated by a perceived need to restore standing within the community, which is presumed to have been lost through the behavior of the victim. Most victims of HBV are women or girls, although men may also be at risk. Forced abduction, imprisonment, forced abortion, hymen repair, forced marriage, honor suicide and honor killings are various forms of honor-based violence.
Honor-based Violence
Honor Based Violence (HBV) is a term used to describe violence committed within the context of the extended family which are motivated by a perceived need to restore standing within the community, which is presumed to have been lost through the behavior of the victim. Most victims of HBV are women or girls, although men may also be at risk. Forced abduction, imprisonment, forced abortion, hymen repair, forced marriage, honor suicide and honor killings are various forms of honor-based violence.
Honor-based Violence (HBV)
Sexual assault refers to sexual contact or behavior that occurs without explicit consent of the victim. If you have been subjected to anyone of the following that means you have been a victim of sexual assault. 1- Attempted rape, 2- Fondling or unwanted sexual touching, 3- Forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body or 4- Penetration of the victim’s body, which is an extreme form of sexual assault, known as Rape.
Honor-based Killings
Honor-based killings is an extreme form of honor-based crimes and includes murder of young girls or women at the hands of their own mother, father or brother to restore the honor of family. The honor killings may also be ordered by community leaders or tribal council to either restore the honor of the community or to resolve local disputes. Just to add, refusal to arrange marriage, speaking to men, illicit relations (alleged) or wanting to leave a violent marriage are few common triggers of honor-based killings.
Honor-based Violence (HBV)
Sexual assault refers to sexual contact or behavior that occurs without explicit consent of the victim. If you have been subjected to anyone of the following that means you have been a victim of sexual assault. 1- Attempted rape, 2- Fondling or unwanted sexual touching, 3- Forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body or 4- Penetration of the victim’s body, which is an extreme form of sexual assault, known as Rape.
Honor-based Killings
Honor-based killings is an extreme form of honor-based crimes and includes murder of young girls or women at the hands of their own mother, father or brother to restore the honor of family. The honor killings may also be ordered by community leaders or tribal council to either restore the honor of the community or to resolve local disputes. Just to add, refusal to arrange marriage, speaking to men, illicit relations (alleged) or wanting to leave a violent marriage are few common triggers of honor-based killings.
Pakistan has the highest number of documented and estimated honor killings per capita of any country in the world, about one-fifth of the world’s honor killings are performed in Pakistan.
Honour Killings occur every year in Pakistan, as per the reported cases. (Source: Honour Based Violence Awareness Network)
Honor-based Violence Laws (Pakistan Penal Code, 1860)
Criminal Law (Amendment) (Offences in the name or pretext of Honor) Act, 2016
Amendment of Section 299 (Pakistan penal Code, 1860): Of Offences Affecting Life
“Fasad-fil-arz, a concept used to decide severity of punishment awarded, including the offender’s past convictions, extreme nature of the offence, and the offender being a danger to the community, now includes offences committed in the name of honor”. The inclusion of this amendment ensures severe punishment for honor crimes.
Amendment of Section 300 (Pakistan Penal Code, 1860): Qatl-e-Amd
Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death, or with-the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person, is said to commit qatl-e-amd.
Amendment of Section 302 (Pakistan Penal Code, 1860): Punishment of Qatl-e-Amd
Whoever commits qatl-e-amd shall be: (a) punished with death as qisas or (b) punished with death or imprisonment for life as ta’zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in Section 304 is not available.
Amendment of Section 311 (Pakistan Penal Code, 1860): Ta’zir after Waiver or Compounding of Right of Qisas in Qatl-i-amd
Where the wali, does not waive or compound the right of qisas, or if the principle of fasad-fil-arz is attracted, the court may, having regard to the facts and circumstances of the case, punish an offender against whom the right of qisas has been waived or compounded with death or imprisonment for life or imprisonment of either description for a term of which may extend to fourteen years as ta’zir : Provided that if the offence has been committed in the name or on the pretext of honour, the punishment shall be imprisonment for life.
Section 365 (Pakistan Penal Code): Kidnapping, Abducting or Inducing a Women to Compel for Marriage
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced, or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also he liable to fine; and whoever by means of criminal intimidation as defined in this Code, or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.
Section 338 (Pakistan Penal Code, 1860): Isqat-i-Hamal (Forced Abortion)
Whoever causes woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, or providing necessary treatment to her, is said to cause isqat-i-hamal.
Section 338 (Pakistan Penal Code, 1860): Punishment of Isqat-i-Hamal (Forced Abortion)
Whoever cause isqat-i-haml shall be liable to punishment as ta’zir: (a) with imprisonment of either description for a term which may extend to three years, if isqat-i- haml is caused with the consent of the woman; or (b) with imprisonment of either description for a term which may extend to ten years, if isqat-i- haml is caused without the consent of the woman: provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be.
Honour Killings occur every year in Pakistan, as per the reported cases. (Source: Honour Based Violence Awareness Network)
Pakistan has the highest number of documented and estimated honor killings per capita of any country in the world, about one-fifth of the world’s honor killings are performed in Pakistan.
Honor-based Violence Laws (Pakistan Penal Code, 1860)
Criminal Law (Amendment) (Offences in the name or pretext of Honor) Act, 2016
Amendment of Section 299 (Pakistan penal Code, 1860): Of Offences Affecting Life
“Fasad-fil-arz, a concept used to decide severity of punishment awarded, including the offender’s past convictions, extreme nature of the offence, and the offender being a danger to the community, now includes offences committed in the name of honor”. The inclusion of this amendment ensures severe punishment for honor crimes.
Amendment of Section 300 (Pakistan Penal Code, 1860): Qatl-e-Amd
Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death, or with-the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person, is said to commit qatl-e-amd.
Amendment of Section 302 (Pakistan Penal Code, 1860): Punishment of Qatl-e-Amd
Whoever commits qatl-e-amd shall be: (a) punished with death as qisas or (b) punished with death or imprisonment for life as ta’zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in Section 304 is not available.
Amendment of Section 311 (Pakistan Penal Code, 1860): Ta’zir after Waiver or Compounding of Right of Qisas in Qatl-i-amd
Where the wali, does not waive or compound the right of qisas, or if the principle of fasad-fil-arz is attracted, the court may, having regard to the facts and circumstances of the case, punish an offender against whom the right of qisas has been waived or compounded with death or imprisonment for life or imprisonment of either description for a term of which may extend to fourteen years as ta’zir : Provided that if the offence has been committed in the name or on the pretext of honour, the punishment shall be imprisonment for life.
Section 365 (Pakistan Penal Code): Kidnapping, Abducting or Inducing a Women to Compel for Marriage
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced, or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also he liable to fine; and whoever by means of criminal intimidation as defined in this Code, or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.
Section 338 (Pakistan Penal Code, 1860): Isqat-i-Hamal (Forced Abortion)
Whoever causes woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, or providing necessary treatment to her, is said to cause isqat-i-hamal.
Section 338 (Pakistan Penal Code, 1860): Punishment of Isqat-i-Hamal (Forced Abortion)
Whoever cause isqat-i-haml shall be liable to punishment as ta’zir: (a) with imprisonment of either description for a term which may extend to three years, if isqat-i- haml is caused with the consent of the woman; or (b) with imprisonment of either description for a term which may extend to ten years, if isqat-i- haml is caused without the consent of the woman: provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be.
How to Report Honor-based killing in Pakistan?
Immediately call the police (Helpline: 15) to report the incident, try to be as factually accurate as possible.
Don't touch the crime scene, it might discredit the evidence that needs to be collected by the forensic team.
Obtain a medical or post-mortem report, needed to establish the authenticity of the crime for legal purposes.
Record your statement at the police station, lodge the First Information Report and obtain a copy for record.
Hire a competent legal team (with relevant track record) to represent your case in front of the magistrate.
If the police refuse to lodge the FIR (if you can hire a lawyer), write to the magistrate and lodge a complaint.
If the police refuse to lodge the FIR (you can't hire a lawyer), request the court for legal-aid to lodge a complaint.
Once the complaint is lodged, the Magistrate will take action within 24 hours and the FIR will be lodged accordingly.
Police officers tasked with the case would ascertain the evidence, arrest criminals and present them in court for trial.
Immediately call the police (Helpline: 15) to report the incident, try to be as factually accurate as possible.
Don't touch the crime scene, it might discredit the evidence that needs to be collected by the forensic team.
Obtain a medical or post-mortem report, needed to establish the authenticity of the crime for legal purposes.
Record your statement at the police station, lodge the First Information Report and obtain a copy for record.
Hire a competent legal team (with relevant track record) to represent your case in front of the magistrate.
If the police refuse to lodge the FIR (if you can hire a lawyer), write to the magistrate and lodge a complaint.
If the police refuse to lodge the FIR (you can't hire a lawyer), request the court for legal-aid to lodge a complaint.
Once the complaint is lodged, the Magistrate will take action within 24 hours and the FIR will be lodged accordingly.
Police officers tasked with the case would ascertain the evidence, arrest criminals and present them in court for trial.
