‘Honour’ killing punishment
In view of the increasing cases of killing women in the name of ‘honour’ in the country, the Supreme Court has ruled that the punishment prescribed in Section 302 (c) could not be awarded in the afore-mentioned cases. This section prescribes death sentence or 25-year imprisonment as maximum sentence for murder, but it does not mention the minimum sentence for murder. The court has also objected to the use of the word ghairat in connection with ‘honour’ killings, saying that it rather enhances the social standing of those who commit killings in the name of honour. The appropriate English word to describe such murders is arrogance, so the killer should be described as an ‘arrogant’ person, ruled the top court.
In its landmark ruling, the Supreme Court said since most murders for ‘honour’ were committed on the suspicion of adultery, the legal requirements for proving the allegation of adultery prescribed under Islamic laws should be kept in mind. Under Islamic jurisprudence, the charge of adultery can only be proved on the basis of deposition by four eye-witnesses. Further, making a false allegation of adultery is an offence under Section 496 of PPC and also an offence of qazf under the offence of Qazf (Enforcement of Hadd) Ordinance, 1979. Murder on mere suspicion does not deserve to be dealt with leniently. The court commended parliament for enacting legislation to stop such killings by ensuring that offenders don’t avail of the benefit of Section 302 (C), which does not prescribe minimum punishment for murder. In Pakistan, every year around 1,000 women are killed for ‘hounour’.
The apex court gave the decision on the petition of a man who was sentenced to death by a sessions judge for killing his wife. The Lahore High Court had reduced the sentence to life imprisonment. The top court refused to grant leave to appeal to further reduce the sentence under Section 302 (C) of PPC in which the punishment is less than the death sentence and life in jail. The decision will hopefully make arrogant people realise the consequences of killing women for ‘honour’.
Published in The Express Tribune, September 7th, 2020.
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