Justice must be served - not negotiated

Despite the existence of several laws, violence against women continues unabated, with recent honour killings painting a grim and disturbing picture. You! takes a look...

By Lubna Jerar Naqvi
|
August 12, 2025

Last month, the media reported several cases of gender-based violence from across Pakistan – including Dagari area (Balochistan), Rawalpindi (Punjab) and Karachi (Sindh). All these crimes appear to have been committed on the misplaced notion of honour, which is one of the major causes of violence against women in Pakistan.

It is not uncommon for murderers of using the pretext of honour as a cover for a coldblooded act, as it helps shield them from conviction in a society where traditions and customs are sometimes more respected than the law. In such cases, the victim is blamed for the violence committed against them, which is often justified as a befitting consequence.

This is not to suggest that Pakistan has done nothing to protect women, in fact, it has enacted several laws aimed at ensuring their safety and rights. These include The Protection of Women (Criminal Laws Amendment) Act of 2006, Criminal Law (Third Amendment) Act of 2011, The Punjab Protection of Women Against Violence Act of 2016, Criminal Law (Amendment) (Offences in the name of pretext of Honour) Act of 2016, Punjab Enforcement of Women’s Property Rights Act 2021 and Sindh Women Agriculture Workers Act (SWAWA) 2019. Some of these laws are quite progressive, indicating that society is willing to evolve and provide women with a safer existence in the country.

Yet, like in many other countries, violence against women - including murder - is blatantly committed, sometimes in plain sight and even recorded, as was seen recently in Dagari, Balochistan. This case not only exposed the brutal reality that in some areas, people are willing to go to any extent, even murder, to keep women ‘in line’, but also highlighted the deeply entrenched mind-set behind such acts. The Dagari double murder, like many crimes committed in the name of honour, was premeditated - which makes an already heinous crime even more chilling. The fact that someone, or a group of people, took the time to plan and carry out a murder so openly, with the knowledge and awareness of many, underscores the gravity of the issue.

Despite the existence of numerous protective laws for women - many of which appear progressive on paper - the inability of countries like Pakistan to curb such crimes points to a failure in implementation. Several factors contribute to this, the foremost being that women have long been, and continue to be, one of the most vulnerable and marginalised groups in society. Available data supports the conclusion that, despite legislative efforts, gender-based violence remains pervasive, especially in patriarchal systems where traditions often overshadow justice.

The number of gender-based violence (GBV) cases in Pakistan remains alarmingly high. One of the key reasons is that such violence, while perhaps not openly accepted, is largely ignored. People often refrain from speaking out against violence committed against women due to unspoken societal traditions and conservative norms that discourage interference in what are deemed private matters concerning someone else’s women. This silence enables GBV to flourish in plain sight, with few willing to report it.

What is particularly troubling is that the intent, the crime, and even the deaths are overlooked, while the burden and blame of the crime are placed on the victim - usually a woman. Victim-blaming serves to absolve the perpetrators, often even earning them social praise, while shifting responsibility onto the woman. Even when legal action is taken - as in the Dagari case - efforts are made to protect the perpetrators, further reinforcing a misplaced sense of honour among those involved, often male relatives, entire families, or even tribes.

Things might have gone the same way in the recent Dagari double murder, had the cold-blooded act not been captured in a viral video. Instead of bringing honour to the family or tribe, the murder sparked national outrage, prompting the Chief Minister of Balochistan to take notice. As human rights activist and lawyer Jibran Nasir pointed out in media reports, the Chief Minister acted not because of the murder itself, but because of the viral nature of the case - a grim reminder of how justice is often reactionary rather than principled.

The real problem lies in the fact that women continue to be sentenced based on various reasons rooted in patriarchal customs that persist to this day. Often, law-enforcers themselves have grown up within these systems and have come to normalise the existence of parallel justice mechanisms, even when they directly contradict the very laws they are sworn to uphold.

One such example is Pakistan’s Jirga system - an informal but deeply entrenched judicial structure that operates across many parts of the country. In many cases, authorities are not only aware of these jirgas but also respect and uphold their decisions, as they are themselves products of the same societal framework. These systems run parallel to the formal judicial system and function as powerful entities that can bypass the Constitution and state laws. Alarmingly, they often issue severe rulings, including death penalties, which are considered binding within their communities.

Jirga refers to traditional tribal councils that operate outside the formal legal framework, resolving disputes through customary practices - essentially an alternate and illegal judicial system within a country that already has a state-recognised legal system.

These are typically small, all-male groups composed of elders who hold authority based on inherited traditions and customs. Their ability to sentence individuals - even to death - based on these customary laws constitutes a criminal act.

Although jirgas are rooted in tradition, they lack any legal status or jurisdiction. However, they are often highly respected by local communities, largely because of their ability to deliver swift decisions, unlike the often slow-moving formal courts.

These local judicial systems not only serve to retain and preserve outdated customs, but also function as a tool to control the population - especially women. Viral videos of such crimes are used to instill fear and reinforce subservience, ensuring that people remain compliant in the face of inhumane acts. These systems also work to uphold the structure and honour of specific families or tribes, which are often valued more than individual lives. Unwritten laws are followed and enforced without resistance because they sustain the existing social order. Jirgas continue to receive support from local communities, largely because the elders who lead them are respected figures, which lends credibility to this parallel system of justice.

These jirgas should have ideally ceased to exist following the formation of Pakistan’s constitution - the foundational document that governs the country, defining the structure, powers, and limitations of its institutions. There should have been no room for an alternate judicial system like the jirga, yet not only do they persist; they continue to wield significant power.

Unfortunately, in the first seven months of 2025, estimates from several sources - including the Human Rights Commission of Pakistan (HRCP), the Sustainable Social Development Organization (SSDO), and Human Rights Watch - reveal that at least a thousand women have been murdered by relatives under the pretext of honour. And these are only the cases that have been reported.

Honour killings are not restricted to Pakistan; similar crimes are committed in various countries around the world. According to multiple sources, nations across different regions also continue to suffer from violent acts such as so-called honour killings.

Between March 2011 and April 2013, the Afghanistan Independent Human Rights Commission reported over 243 cases of honour killings, though the actual number is believed to be significantly higher. In Iran, approximately 8,000 honour killings were recorded between 2010 and 2014, with up to 50 per cent of all family murders in the East Azerbaijan province alone being honour-related.

In India, the National Crime Records Bureau (NCRB) reported only 24 cases, but experts argue this is a gross undercount. Non-governmental organisations such as Shakti Vahini and the International Centre for Research on Women (ICRW) estimate that the number could be over a thousand annually. Many of these murders are committed to prevent inter-caste or interfaith marriages, elopement, or the refusal of arranged marriages. In most cases, the woman is punished to set an example and maintain patriarchal control.

Even in more developed regions, honour-related violence persists. In the United Kingdom, police recorded between 1,280 and 2,283 honour-related incidents between 2004 and 2005.

Honour-based crimes are also reported in countries such as Jordan, Lebanon, Yemen, Egypt, Turkey, Syria, Germany, Sweden, Denmark, Canada, and even the United States - though in the West, such cases are rare.

Pakistan, however, faces a particularly severe problem, with many honour-related murders going unreported. Experts estimate that the actual number of cases may be many times higher than what is officially recorded. One of the reasons these crimes persist is the existence and widespread acceptance of the jirga system, which often functions more swiftly, efficiently, accessibly, and cheaply than the formal judicial process. This parallel justice system undermines the constitution and state law, both of which should be supreme and function with equal or greater efficiency.

In addition, many cases of gender-based violence (GBV), including murders, are misclassified as accidents or suicides, making official statistics unreliable. Legal reforms are urgently needed, including the strengthening of penalties and more rigorous enforcement of existing laws.

Pakistan has the opportunity to take a leadership role in combatting GBV - particularly honour killings - by forming regional and international alliances with countries facing similar challenges. Reducing patriarchy and ensuring that laws are applied without bias, and that punishments match the severity of the crime, are essential steps toward real change.

There is no doubt that murder is one of the most heinous crimes. Taking the life of an adult who has not broken any law is a grave violation of human rights and must be met with strict penalties. Every adult, once they reach the age of 18, has the legal right to make their own decisions. Exercising this right is not a crime - denying someone that right, especially through violence, is. Those who commit such acts must be held accountable without exception.

When a victim’s family forgives the perpetrator - whether under pressure or willingly - the state must still pursue justice. It is deeply concerning that murderers often walk free because of out-of-court settlements or familial pardons. Such outcomes only embolden the perpetrators and reinforce a dangerous sense of impunity.

It is time to break this cycle of power, privilege, and entitlement. The law of the land must reign supreme, and justice must be served - not negotiated.

The writer is a senior journalist with focus on gender justice. She can be reached at ljnaqvi909gmail.com