Home / News / Urgent Appeals / PAKISTAN: A young woman killed by her husband on the pretext of honour killing
 

PAKISTAN: A young woman killed by her husband on the pretext of honour killing

March 8, 2004

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

8 March 2004

---------------------------------------------------------------------
UA-28-2004: PAKISTAN: A young woman killed by her husband on the pretext of honour killing

PAKISTAN: Honour Killing; Violence against women; Rule of law
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a 30-year-old woman named Ms. Hidayat was allegedly killed by her husband, Mr. Momin Ali Mahar in Dal village, Lakhi Ghulam Shah Town, Shikarpur District, Sindh Province, Pakistan on 29 February 2004. The case was registered at the Chak Police Station. However, a human rights organization reported to AHRC that police inaction was worried and the incident might be disposed compoundable under the Ordinance of Qisas and Dayat. (According to the Ordinance of Qisas and Dayat, if the offender provide compensation to the victim's family as they claimed, the offender can be released without any punishment.) In many cases of honour killings, the victim's family often compromises with the accused according to the Ordinance of Qisas and Dayat after receiving big pressure from the society.

Your urgent action is required to pressure the local authorities to conduct impartial investigation in this matter and punish the perpetrator as soon as possible.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
----------------------------------------------------

DETAILED INFORMATION:

Name of the victim: Ms. Hidayat, 30, married with two children
Alleged perpetrator: Mr. Momin Ali Mahar, a son of Umar Mahar and the victim's husband, the farmer
Date of incident: About 2:00 am on 29 February 2004
Place of incident: Dal Village in Lakhi Ghulam Shah Town, Shikarpur District, Sindh Province, Pakistan

Case details:

It is reported that Ms. Hidayat (30 years old) was allegedly killed by her husband, Mr. Momin Ali Mahar on 29 February 2004 after a quarrel while both were working in the field. The First Investigation Report (FIR - Case No.20/2004 sanction 302 PPC) of the incident has been lodged by the victim's father, Mr. Karim Dino Mahar at the Chak Police Station at the same day.

In the FIR, Mr. Karim Dino Mahar stated, "My daughter Hidayat got married to Momin Ali Mahar, my nephew and son of Umar Mahar about 10-12 years ago. My son-in law is a farmer and Hidayat used to work with him in the field. Early morning of 29 February 2004, I was working with my two sons, Qalandar Bux and Dilawar in the field. Momin Ali Mahar and Hidayat came to wok at their field located near to mine. I saw my son-in-law had a single-barreled-gun in his hand. They worked at the field for some time and at about 2:00 am, they started to quarrel each other. Then Momin Ali Mahar pointed the gun at my daughter. She ran to our side but Momin fired at her and she fell on the ground. I ran to my daughter along with my sons. When we reached the scene, we saw that she was bleeding with injuries on her left buttock. In the meantime, my son-in law had fled. We took her to the Chuk Hospital immediately but she died at the hospital."

The domestic quarrel is outward cause of the murder. However, according to our source who communicated with the victim's relatives and village neighbors, the allegation of honour killing is the underlying cause of the murder. It is unknown about the details of the allegation and if the allegation is true or not.

A human rights organization reported that the case might be disposed compoundable under the Ordinance of Qisas and Dayat as usual. Dayat (law of compensation) and Qisas (law of retaliation) refer to the cases of bodily injury or loss of life. The punishment of the murder case is death or imprisonment by Pakistan law. But according to the Ordinance of Qisas and Dayat, if the guardian of the victim forgives the offender and the offender provide compensation to the victim's family or guardian as they claimed, the offender can be released without any punishment.

In Pakistan, the practice of honour killings appears that any action, real or fabricated, if deemed by the family as compromising their honor, may be considered a valid reason to commit murder. While illegal according to national laws and inconsistent with Islamic doctrine in both the Koran and Sharia, the lack of consistent positive action by Pakistani law enforcement agencies and the seemingly commonplace belief in the practice of honor killings, facilitate this inhuman practice.

Moreover, the decisions of such cases are frequently taken by the landlords (tribal court) rather than by the courts of law. In their decisions they impose heavy fines to the accused male (who allegedly had any relationship with the victim) and the killer receives a light penalty considering that they committed murder to protect their 'honour.' Even though the honour killing case goes to the legal court, the victim's family often receives big pressure from the society to compromise with the accused according to the Ordinance of Qisas and Dayat. Therefore, it is difficult for the victims of this case to expect fair trials and justice.

SUGGESTED ACTION:
Please send a letter, fax or email to following addresses and express your concern about this serious case. Stress them for the quick arrest of the accused.

1. Hon. General Pervez Musharraf
President of Pakistan
Pervez Musharraf, Pakistan Secretariat, Islamabad
PAKISTAN
Fax: +92 51 922 4768/ 920 1893 or 1835
Email: CE@pak.gov.pk

2.Hon. Mr. Ishrat-ul-Ibad Khan
Governor Government of Sindh
Governor House Karachi
Tel: +92 21 9201201-3
E-mail: governor@governorsindh.gov.pk

3. Mr. Sayed Kamal Shah
Provincial Police Officer, Sindh Police
Central Police Office Karachi
Tel: +92 21 9212626-7
Fax: +92 21 9212051

4. Mr. Rahoo Khan Brohi
Regional Police Officer
Sukkur Region
Airport Road Sukkur
Tel: +92 71 30547, 30248
Fax: +92 71 31824

5. Syed Sultan Shah
Joint Secretary for Law, Justice and Human Rights
Tel: + 92 51 920 3464
Fax: + 92 51 9203119

6. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022

Sample letter:

Re: A young woman killed by her husband on the pretext of honour killing

Name of the victim: Ms. Hidayat, 30, married with two children
Alleged perpetrator: Mr. Momin Ali Mahar, a son of Umar Mahar and the victim's husband, the farmer
Date of incident: About 2:00 am on 29 February 2004
Place of incident: Dal Village in Lakhi Ghulam Shah Town, Shikarpur District, Sindh Province, Pakistan

I am writing to bring to your attention the killing of Ms. Hidayat (30 years old) by her husband Mr. Momin Ali Mahar on 29 February 2004. According to the information I have received, the victim was allegedly killed by her husband on the pretext of honour killings. The incident was registered at the Chak Police Station for further investigation, however the victim's family is worrying police inaction to arrest the murderer.

In Pakistan, although honour killings are illegal according to national laws and inconsistent with Islamic doctrine in both the Koran and Sharia, the government of Pakistan has failed to eliminate honour killings due to the lack of consistent positive action by Pakistani law enforcement agencies.

Article 2(e) of Convent Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which government of Parkistan is a state party, requests the state government to undertake all appropriate means without delay to eliminate discrimination against women by any person, organization or enterprise. Article 2(f) of CEDAW further mentions that the state government should "take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women".

Therefore, I strongly urge you to order a through and impartial investigation into this serious case and bring the perpetrator to justice as soon as possible. I also urge the government of Pakistan to take strong measures to stop tribal courts and ensure that the victims get fair trials and justice. Usually, the decisions of honour killing cases are taken by the landlords (tribal court) rather than by the courts of law and the killers frequently received a light penalty. The government of Pakistan also have to take all possible measures to abolish custom of honour killings by declaring honour killing a "crime" and creating legal provision to prohibit it.

Sincerely yours,



------------------------

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-28-2004
Countries :
Issues :
Child rights, Enforced disappearances and abductions, Administration of justice, Arbitrary arrest and detention, Military, Police violence, Refugees, IDPs and Asylum seekers, Caste-based discrimination, Sexual violence, Death penalty, Democracy, Poverty & adequate standard of living, Right to education, Judicial system, Right to fair trial, Extrajudicial killings, Right to food, Labour rights, Land rights, Freedom of assembly, Freedom of association, Freedom of expression, Women's rights, Right to health, Impunity, Indigenous people, Inhuman and degrading treatment, International human rights mechanisms, Migrant workers, State of emergency and martial law, Minorities, Rule of law, Non-state actors, Prison conditions, Freedom of religion, Right to remedy, Torture, Violence against women, Transitional Justice, Death in custody, Legislation, Institutional reform, Human rights defenders
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.