In practical terms, the justice system needs to be speedy, affordable and within the reach of the ordinary citizen. Jirgas or panchayats are speedy, accessible and cheap and, hence, widely depended on. In spite of the fact that the Sindh High Court, Sukkur Bench, termed jirgas and panchayats illegal in 2004, they continued to take place even in government circuit houses.

However, the most important step that needs to be taken is to educate the masses. Spread awareness. Changing the mindset of the people would be the most important step to reduce the gap between the customs/traditions and the legal recourse. In my experience, even the foreign educated feudals have a patriarchal mindset that is based on customs and traditions only.

Again, the judges at every level of judiciary come from a society that is patriarchal. Becoming a judge does not change one’s mindset and thinking. The awareness raising, sensitisation needs to take place at each and every level. Judges, especially at the lower level of the judiciary, reinforce traditional customary norms.

The judiciary seems to not interfere where it fears that the patriarchal structure will be challenged or disrupted. This attitude perpetuates culturally sanctioned forms of violence against women. And, the fact that there is no participation of women or minorities has never been addressed.

Lacunas in the existing laws

The law is gender-specific and rules out any possibility of violation of rights against men. Culturally, men can be as much victims of honour-related crimes as women. One of the most common forms of honour killings is where family wants to target a boy or a girl in the name of honour for land and property.

The fact we still call such crimes ‘honour’ crime makes me uncomfortable. Although, the act has replaced the word ‘honour killing’ with ‘honour crime’ it remains questionable.

Amending section 310-A of the Pakistan Penal Code to make ‘badal-i-sulah’ or the custom of Swara, a punishable offence, was indeed a marked amendment. Since, in majority of ‘honour crimes’ cases are settled by giving girls as compensation, therefore, making this option an offence proved as a deterrent.

In almost all the cases the murderers go free and girls from the family pay the price for the crimes of their father, brother or uncle.

The government’s role in curbing honour crimes

The present government has taken some positive steps – by introducing pro-women bills in the Assembly. Despite the fact that there have been dark spots in instances where Israrullah Zehri condoned the burying of girls in Balochishtan, Mir Hazar Khan Bijarani presided over a jirga decreeing minor girls as compensation, and the case of Tasleema Solangi who was attacked by dogs in Sindh that became a victim of corruption and political manouverings, there have been successes.

The government’s stance does have a trickle down effect in such instances. When Samia Sarwar was murdered in Hina Jillani’s office there was silence by the majority of the parliamentarians. Compared to that incident, I feel things have changed for the better.

Women as victims of honour crimes

Women and girls have always been the main victims because women in our society are seen and considered as ‘property’. Notion of honour is deeply entrenched in our social, political and economic fabric. Until, recently culturally sanctioned forms of violence against women were considered as private matters. Now, we see more and more cases being reported. That does not necessarily mean that the cases are increasing.

In the case of women, the right to life is conditional to obeying certain customs and traditions. This mindset is evident at each and every level of the society. Be it the police, media or judiciary. Police mostly see themselves as custodians of tradition and morality rather than impartial enforcers of law.

Unless, a wide ranging public awareness programme tailored for different stakeholder is designed and implemented, the change will not come in the thinking of our society. Gender sensitisation training to law enforcement and judicial personnel is vital.

Things will start to change for good the day our society considers a woman as a human being and not just a commodity.

As told to Alefia T. Hussain via email

Source: The News