Honor Killings As a Violation of Fundamental Rights: A Provincial Analysis of Sindh and Balochistan

Abstract

The aim of this research paper is to identify the gaps in the current policies and discussions about honour killing to discuss the implications for securing the fundamental human rights in Pakistan. Honour killing is a form of extreme gender based violence where the notions of family, tribal or community honour are used to kill women for violating the same. This study comparatively discusses the social, cultural, patriarchy, tribal, feudal, economic and institutional factors, which act as a link in honour killing in both Baluchistan and Sindh. It also explores the issues of women's autonomy and access to state justice that may be posed by customary laws and practices, tribal authority, conflict over economic or personal interests, or the power of local elites. The study also examines the recent cases of honour killings that have been reported from Baluchistan, and Sindh to get an idea of the prevalence of honour killing in the area and the effectiveness of the State response so far against honour killing. The State's duty to prevent foreseeable violence, to protect women at risk, effective investigations, to prosecute perpetrators and effective remedies are highlighted. The study also performs comparative doctrinal and socio-legal analysis and finds that there is a significant gap in between law and practice in Pakistan. Although the patriarchal basis is similar in both the provinces, there are differing mechanisms through which honour-based violence is maintained. The research calls for the need to go beyond criminalization to effective enforcement, accountability of institutions, protection measures, regulation of informal justice systems and long-term legal and social reforms to ensure the effective protection of women's human rights in cases of honour killings.