HONOUR KILLING IN PAKISTAN: LEGAL REFORMS, CHALLENGES AND THE NEED FOR REFORM

Introduction

Honour killing continues to be one of the most serious acts of human right violations in Pakistan besides posing a major threat to the rule of law in general. It means that a person, often a female, is killed deliberately at the hands of their family members or relatives who believe that the victim's actions have been so serious as to have brought shame to the family. Family members might take such violent action as a way of punishing those who have decided to marry outside the community (interfaith marriage is forbidden in majority of Muslim communities), to enter romantic relationships with people against family wishes or to pursue other personal choices which conflict with social norms.

The central issue which leads to honour killings is that the rights of an individual, especially the freedom to do the things they desire, are overpowered by the notion of family reputation and social probability. As if it is justified to kill someone for just one thing, a person who did, let us say, not follow tradition or social rules.

In that respect, Pakistan has made major legislative changes.

Firstly, the Constitution of Pakistan is a document which enumerates the rights of all citizens at large. In the Pakistan Penal Code, 1860 (PPC), the act of deliberately killing a human being (with exception of the case of defending oneself against imminent attack or killing a person who has attacked a police officer in the performance of duty) is a criminal offence to be punished. Moreover, the 2016 Act, Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour), has provided better legislation for the prevention of honour crimes as such that it has been making it harder for the perpetrators to get away with family reconciliation.¹

However, although there have been legal changes made to the laws of the land, the fact that incidents of honour- related violence are still happening is an indication not only that legal changes themselves are not enough to solve the problem but also that the laws need to be implemented more effectively, besides which there are other factors (e.g. a mindset which justifies an individual being a victim for breaking social rules) that contribute much more to the problem than the actual laws do.

This article is an analysis of the reason, cause, and the underlying issues of Honour Killing, besides the constitutional and statutory aspects, related judgments and the reasons for non-implementation which can be a major hindrance to it. It claims that to make a real difference, not only laws should be made which are effective but also the people involved are to be held responsible, there should be increased publicity, and besides that, there is a need to change people's perception towards individual rights and human dignity.

The Meaning And The Reasons for Honour Killing

Honour killing is usually taken to mean the deliberate killing of a person because it is believed that their actions have harmed the reputation or social position of the family; the feeling that one has been dishonoured may result from the person choosing their spouse, refusing to take part in an arranged marriage, deciding to get a divorce, or refusing to meet family expectations.

The practice is closely linked to patriarchal social structures since in them women's personal decisions are seen as things which are subject to family control. In this kind of situation a woman's autonomy may be regarded as a challenge to the existing authority and thus may result in threats, coercion and, in the most extreme cases, murder.²

Several interconnected factors are responsible for honour-related violence in Pakistan.

In the first place, traditional patriarchal views and gender inequality can lead people to believe that members of the family, especially men, have authority over the personal decisions of women. These attitudes go against the idea that every individual has the right to dignity and autonomy.

Secondly, the influence of social pressure and the fear of suffering reputational harm can lead people to give collective expectations more importance than human life; harmful practices may therefore go on with only limited opposition since social acceptance is regarded as more important than individual rights.

Thirdly, a lack of awareness of legal and human rights can lead to the continuation of misconceptions regarding family authority and personal freedom, since people might think that customary expectations justify violence.

In the end, poor law enforcement and a lack of accountability can lead to a decline in the public's confidence in the justice system; if investigations are insufficient or if offenders seem to be able to escape punishment, then the deterrent effect of criminal law will be weakened.

It is necessary, though, to differentiate between cultural identity and harmful practices. Since culture is varied and always changing, it cannot be used as a general excuse for violence. Honour killing must therefore be looked at as a matter within the criminal justice system involving the improper use of social authority, the denial of individual autonomy, and the violation of basic rights.

Constitutional Protection against Honour Killing

Constitution of Islamic Republic of Pakistan, 1973 offers a basic protection to individuals from being subjected to honour killing.

Article 9: Security of Person

This article states that no person shall be deprived of his life or liberty except in accordance with law and justice. Therefore, family members or friends of a person cannot take out his life on any false pretext or even to defend family honour.³

Article 14: Inviolability of Dignity

Under this article, everyone has a right for the security of personality, including the privacy of one's home, except by law. The family members cannot use any kind of force to restrict or control the individual in terms of choosing or following a particular course of action that seems appropriate to them.³

Article 25: Equality of Citizens

This article says that the State shall not discriminate between citizens on the basis of sex, it shall provide equality before the law and equal protection of the law. Hence, women cannot be treated as inferior to men as per the principles stated in the Constitution of Pakistan.

My opinion about this issue is that people consider this issue as a matter of family honour resulting in the infringement of the fundamental rights of individuals. However, the Constitution provides certain protections to the citizens against such situations and the implementation of these constitutional protections requires state intervention. Therefore, the State should make sure that such matters are thoroughly investigated and appropriate actions should be taken against people who threaten or subject other people to violence.⁴

Legal Framework under the Pakistan Penal Code

The Pakistan Penal Code, 1860 contains the primary statutory framework for prosecuting honour killings. The provisions that are particularly relevant to honour killing are Sections 302 and 311 of the Code.

Section 302: Punishment for Qatl-i-Amd

This section pertains to qatl-i-amd (intentional murder). A conviction under this provision can either result in the death penalty or a life jail term, depending on which of the provisions of the Pakistan Penal Code are applicable in any given situation, and based on the additional requirements for the penalty that may be prescribed under other laws.⁵

The importance of this provision is that it lays down an appropriate punishment for the intentional taking of somebody else's life. It sets out that a claim by the offender that he committed the murder to avenge or protect the family honour does not constitute a justification or mitigation for his crime.

The law must be applied in accordance with the evidence and statutory requirements, and not based on the accused person's perceived intentions.

Section 311: Fasad-fil-Arz

This section is of great relevance to the issue of honour killings. The provision requires the imposition of a punishment, where there is satisfaction with the terms of a waiver or compromise for qisas, but the conditions set out in it are met.⁶

The concept of fasad-fil-arz recognises that certain offences have implications, which go beyond the direct interests of the victim or his or her family. This is critically important with regard to honour killing since the families of the victim and the accused are often closely related – bound together by blood ties and sometimes by social pressures, financial interdependence, and even the threat of retaliatory action. In such contexts, the victim's family's willingness to forgive and accept compensation may be due not to their genuine belief in the righteousness of the accused's actions, or even their disapproval of it, but out of duress.

In the context of honour-related crimes, the potential for family mediation to shield perpetrators and ensure their evasion of legal punishment is at its peak. Such a situation, if it occurs, will inevitably lead to the worsening of Pakistan's already serious honour killing problem.

The Criminal Law (Amendment) Act, 2016

The Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act 2016 ⁷ marked a major turning point in Pakistan's efforts to combat the problem of honour killings. The new law was essential, since the application of the old laws, particularly the Pakistan Penal Code, 1860, significantly undermined Pakistan's ability to hold honour killers accountable. Under the old laws, in cases that fell under the jurisdiction of the Pakistan Penal Code, the accused's families could reach a private settlement with the victim's family and avoid punishment.

The most difficult aspect of this issue was that when it came to crimes of honour, the victim's family could also be the family of the accused.

The most significant change that the 2016 amendment introduced was a modification to the Pakistan Penal Code's relevant sections, enabling the imposition of more severe punishments in cases of Honour-Related Offences and limiting the accused's ability to avoid punishment by reaching a family settlement.

By virtue of the amendment, a waiver or compromise does not automatically remove criminal liability, and, in cases where the requirements of Section 311 are met, the court is empowered to impose the punishments set out in that provision of the Penal Code – including a life-long prison sentence.

The law is significant in that it recognises the fact that honour killing is not a private matter and affirms Pakistan's determination to take action in such cases.

Nevertheless, it is crucial to note that law enforcement, investigation, evidence collection, prosecution, and the judiciary's ability to deliver justice must play a role in putting such crimes in check.

Judicial Developments and Interpretation of Section 311

Judicial decisions have a significant impact on the implementation of criminal legislations. One such example is given by Jamshed and another v. The State and another decided by Lahore High Court on 7 April 2025, reported as 2025 PCrLJ 1480.⁸

The case revolved around Nasira Bibi's killing and her husband, Mulazim Ali's injuries. The accused applied for acquittal on grounds of compromise with the deceased's legal heirs, as the marriage between Nasira Bibi and Mulazim Ali took place against the wishes of her relatives.

The most interesting part of the case is that the Lahore High Court determined that the trial court failed to record any of the findings on the charge framed under Section 311 of the Pakistan Penal Code. The latter was set aside with directions to Sessions Court to enquire whether the offence charged falls under fasad-fil-arz and how the application for compromise should be decided.

The case is notable in that it shows that compromise between parties is not sufficient for any murder charge to be withdrawn. A judge has to consider the nature of the offence, relevant sections of the Penal Code and the terms of any waiver or compromise between the parties.

The case also demonstrates the principle of judicial review. In particular, courts have to make findings that directly address the charges and apply the relevant sections of the Penal Code.

From one perspective, the accused person's fundamental rights of life and liberty may be restricted. From another perspective, the victim's legal heirs have to prove that the accused person acted in violation of law. The determination of whether the accused person is guilty or not is a matter of judicial discretion.

When it comes to honour killing, a judge has to assess the reliability of the evidence before convicting an accused person. A charge as serious as honour killing cannot be used as a tool to harass one against the other.

The case shows that justice can only be delivered when accountability and leniency are at the forefront of judicial reasoning. It is not enough for family compromise to override the rule of law – the court has to conduct a proper judicial review.

Challenges in Implementing the Law

Even though Pakistan made legislative progress, various difficulties may hinder preventing and punishing honour killers in the country.

Family Pressure and Compromise: Family pressure may implicate family members to request or allow the accused to avoid punishment or remain silent, deprive victims of support, and obstruct investigations. While the 2016 reforms limit families' capacity to avoid punishment through compromise in relevant cases, family pressure may undermine investigations and court procedures.⁹

Investigation and Evidence: Honor killing may take place in a secluded place without witnesses. Sometimes, the surrounding circumstances of death may be falsified to cover up potential crimes. Crime scene examination, forensic, medical, and witness testimonies, and proper documentation are crucial in honour killing cases. Inadequate investigation may prejudice a compelling case.

Social Attitude and Gender-Based Inequality: Negative social attitudes may justify controlling or abusing women's autonomy in the name of family reputation. Gender-based violence may also be normalized, which may deter victims from reporting such crimes and community members from supporting investigations. While criminalizing killers is essential, it bears remembering that punishment alone cannot eliminate gender inequality and social norms that produce violence. Community outreach and education are critical in changing societal attitudes towards honour killing and domestic violence.

Protection and Justice: Persons at risk may feel threatened when contacting the authorities. Witnesses may also be reluctant to give evidence against family members or influential people. Moreover, lengthy investigations, pretrial processes, and delayed trials may discourage and pressurize witnesses and victims, obstructing justice. Protecting witnesses, expediting trials, and enhancing investigative capabilities are essential in honour killing cases.

Challenges in implementing the law reveal that the effectiveness of punishment is frequently undermined by the likelihood of being caught and the ability of investigations to gather sufficient evidence for a successful prosecution. Moreover, courts' procedural fairness, impartiality, and consistency are crucial to exercise the punitive function of the criminal law and achieve communal respect for the rule of law.

Legal Analysis and Recommendations

In my opinion, Pakistan's legal framework offers the framework to address honour killing, but its implementation and social relevance are vital to its success.

First, police investigations into suspicious deaths must be comprehensive and unbiased. Where there are reasonable grounds to believe that the death was caused by illicit domestic violence or threats to life, police should thoroughly investigate all evidence, not accept uncorroborated assertions, and determine whether the offence falls under Section 302.

Authorities should ensure the right to protection for persons at risk and provide alternative accommodations, including legal aid, to enhance protection and respond to complaints with due diligence to prevent violence.

Prosecutors and courts should prosecute honour killing without discrimination and apply Sections 302 and 311 of the PPC consistently and fairly. Courts should also enforce the 2016 law's restrictions on compromise to ensure family pressure does not negate the reform's aims.

The government should invest in community education and outreach. Schools, community groups, mainstream media, and local authorities can challenge social norms and stereotypes that perpetuate gender inequality and honour-based violence. Community leaders may help encourage positive behavioural changes, including peaceful conflict resolution and respect for others' rights. Moreover, the government can bolster witness protection and speed up trials to enhance the credibility and reliability of evidence.

Finally, reforms should ensure the rights of victims and accused persons. While family compromise may be restricted, authorities must guarantee that everyone is subjected to the rule of law, and justice is delivered promptly, consistently, and transparently. Respect for due process and rights guarantees will promote the rule of law and make the criminal justice system attractive and accessible.

At the heart of the issue, the problem is the challenge of the rule of law and how its implementation can be adjusted to better serve the needs of communities. Enhancing community resilience, including access to protection mechanisms, is essential to ensure that everyone is accountable under the equal and impartial administration of laws.

Conclusion

Honour killing is a serious human rights abuse because it violates the right to life, dignity, and equality. Culturally sanctioned violence and family reputation pressure cannot override the sanctity of life and the right to choose one's relationship.

Pakistan's authorities demonstrated political will to combat Honour killing by amending the penal code, introducing constitutional safeguards, and reforming criminal law. The Constitution of Pakistan and the PPC recognize the right to life, and the Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016, ensures that family compromise will not exonerate perpetrators of an honour killing. The Lahore High Court's ruling in Jamshed and another v. The State and another show that courts can efficiently apply the PPC, particularly Section 311, to hold killers accountable.

However, legislative reforms alone cannot eliminate family honour-based violence. Judicial and law enforcement measures, such as witness protection, community engagement, and efficient pretrial procedures, are critical to enhancing criminal justice's responsiveness and accountability. Moreover, changing social norms and stereotypes is essential to ending the culture of honour killing.

The rule of law prioritizes individual autonomy, dignity, and autonomy. By ensuring that a person is not subject to violence and deprived of life due to familial or communal honour, the rule of law promotes constitutionalism, equality, and respect for rights, including the right to choose one's relationships.

BIBLOGRAPHY

Legislations

• Constitution of the Islamic Republic of Pakistan 1973.
• Pakistan Penal Code 1860.
• Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act 2016.

Cases

• Jamshed and another v The State and another 2025 PCrLJ 1480 (Lahore High Court, 7 April 2025).

Secondary Sources

• Committee on the Elimination of Discrimination against Women, Concluding

• Observations on the Fifth Periodic Report of Pakistan, UN Doc CEDAW/C/PAK/CO/5 (10 March 2020).

• Committee on Economic, Social and Cultural Rights, Second Periodic Report Submitted by Pakistan under Articles 16 and 17 of the Covenant, UN Doc E/C.12/PAK/2.
• UN Women, Pakistan Country Profile: Global Database on Violence against Women.

Refrences