Council of death?

Asad Khan Betini talks about the dynamics of a jirga and how honour killings fit in

Council of death?
Meet Abdul Baqi. He was stabbed in the eyes by his father when he asked permission to marry the girl he loved in Loralai. Abdul Baqi was hospitalised and mostly recovered, but doctors could not save his sight and he was condemned to a life in darkness. So far, his father has not been presented in a court of law for this crime.

Another recent honour killing includes the deaths of five girls who were buried alive in the name of honour by their father. The jirga deciding their fate had actually asked decided to stone them to death but their father chose to bury them alive in Balochistan’s Naseerabad district. This incident emboldened more people and since then, honour killings have risen in Balochistan. No official authority intervenes in unless someone complains against it.

According to rights activists, women are not allowed to marry of their own choice and if they meet someone they wish to marry, they choose to elope because they do not expect approval from their families. Unfortunately, in many cases, these women are caught and have to face the wrath of their families. In most cases, they are killed.
Despite spending billions of funds for women's empowerment, the fate of Baloch women remains unchanged

Talking to The Friday Times, Aalim Maulana Ishaq Shah, a commentator from Deobandi background, “Stoning to death is an option when there is at least one male eyewitness who can testify that there was sexual intercourse. Without a witness, there can be no stoning. I recommend divorce rather than death penalty.”

According to Human Rights Watch, in 90 percent cases of honour killings, girls are shot dead without bringing the matter to a jirga (tribal council). The Human Rights Committee has stated that the honour crimes are a serious violation of a woman’s right to life, her rights of equality before courts and tribunals and equal entitlement to legal protection.

Sexual misbehaviour is subject to rigorous consequences because it is deemed an offence against family honour. Adultery is punished by killing both individuals if they are caught in bed together. If only one of the two is slain, the killing is viewed as illegitimate because it throws suspicion on the killer’s motives. In the case of rape or if a woman reports that she has been sexually harassed, only the man is liable to be killed. While sexual crimes are primarily committed by men on women, adolescent boys and girls also fall victim to this.

Such killings may also occur in cases of elopement when an unmarried girl runs off with a man without her family’s permission. Because her father and brothers are then expected to kill them, the couple often flees the area and seeks sanctuary elsewhere. The man may later try to regularise their status by providing indemnity (pour), a shame payment to the girl’s family. The man’s family must also provide a woman or two in marriage (swara) to the offended family by way of apology. Declaration of ‘Tor’ literally means guilty. A person may be declared a black-sheep by the community for his or her illicit and illegitimate approach to another partner. It is an ancient tradition, prevalent in in Afghanistan as well. Cases of adultery and illicit relations are put down with an iron hand and no mercy is shown to the culprits.

Abdul Baqi was stabbed in the eyes by his father when he asked permission to marry the girl he loved


The tribal court is usually comprised of the spingiris or white bearded elder men and other male members. They act as judges and other participants are like jurists. All parties involved are required to respect the jirga members.  If the parties have any reservation, those need to be shared in the pre-mediation process and stage. During the proceedings, all the parties will address the members of the jirga and not the rival parties directly. Members of the jirga have a very strong authority to stop parties from speaking if necessary and no offence is taken. Jirga hears and examines the parties and witnesses to discover the facts of the case. Following a thorough discussion with the parties, jirga members analyse the issue, keeping in mind the traditional and religious circumstances.

Pakistani activists estimate that there are about a 1,000 honour killings every year.

In June 2017, a tribal council in Khyber Agency ordered death penalty for Naghma, a 13-year-old girl, for “running away with men.” Earlier, in February, the parliament had passed a controversial bill giving legal cover to tribal and village councils.

The draft of Khyber Pakhtunkhwa Domestic Violence Bill received wide public criticism for exempting parents and spouses when they use “corrective measures” against female family members, raising concern that it will legitimise some forms of domestic violence. At least 180 cases of domestic violence were reported in Khyber Pakhtunkhwa in 2017, including 94 women murdered by close family members.

The year 2016 proved the worst for Balochistan. As many as 220 incidents of violence against women were reported in the province in a period of three months. Cases of honour killings include burial of five females in Balochistan’s Naseerabad district in August 2008 while 76 women were abused physically. Among these, 36 women were honour killed in various parts of the province.

In most cases of honour killing, the culprits escape the law by paying compensation or under Islamic laws, qisas and diyat. However, 40 Islamic scholars belonging to Sunni Ittehad Council (SIC) issued a decree declaring the murder of women or girls in the name of honour as un-Islamic and unpardonable sin. Girls in patriarchal regions live in a cage. They are not allowed to go for shopping or talk to anyone other than their brothers.

In Pakistan, 70 percent of cases are dealt tribal courts while 30 percent cases are registered and reported to media.

Pakistan needs to promote education on legal rights to eradicate honour killings. NGOs and rights activist needs to take serious steps to stop such happenings in Pakistan. Despite spending billions of funds for women’s empowerment, the fate of Baloch women remains unchanged. Rights activists need to focus more on the issues rather hollow campaigns.