Judicial Inefficacies and Legal Inconsistencies in Addressing Honour Killings: A Human Rights Analysis of Pakistan's Legal Framework

Authors

  • Ahmad Talha Dalian Maritime University, Liaoning, China. https://orcid.org/0000-0002-9117-7922
  • Sehla Noor Dalian Maritime University, Liaoning, China.
  • MA Mingfei Dalian Maritime University, China.
  • Tayyaba Sardar Dalian Maritime University, Liaoning, China.

DOI:

https://doi.org/10.52131/pjhss.2024.v12i4.2438

Keywords:

Honour Killing, Women Rights, Pakistani Laws, Human Rights, International Law, Fundamental Rights

Abstract

In Pakistan, honor killings are tied to consequences, such as property disputes and other difficulties that occur after the death of the victim, as well as to shame and cultural practices. The annual growth in the honour killing justification can be traced to the faulty operation of the state's organs. The media manages to report on the crimes despite the fact that tribal councils are frequently more powerful than courts in Pakistan, where the number of recorded cases is exceptionally low because they typically involve the victim's own family. We undertook the research study to enhance awareness of honour crimes and educate the public, as well as to examine the causes of judicial injustice, the corrupt role of law enforcement, and defective legislation. We have also established that Islam condemns honour killing. Data was acquired with a supplementary technique. The issue arose about the judicial interpretation of a contentious plea, flawed legislation, human rights violations, and obligations, both national and international, notwithstanding notable amendments to criminal law post-2004. Tribal councils currently possess the authority to conduct business autonomously, owing to the comprehensive resolution of legislation, judicial interpretation, and police corruption that contributed to these issues. The flawed legislation highlighted the judges' empathy, as demonstrated by established precedents in their interpretation of provocation grounds that offenders exploit to obtain reduced sentences for egregious offences.

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Author Biographies

Ahmad Talha, Dalian Maritime University, Liaoning, China.

Ph.D. Scholar

Sehla Noor, Dalian Maritime University, Liaoning, China.

Ph.D. Scholar

MA Mingfei, Dalian Maritime University, China.

Professor, Law School

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Published

2024-10-28

How to Cite

Talha, A., Noor, S., Mingfei, M., & Sardar, T. (2024). Judicial Inefficacies and Legal Inconsistencies in Addressing Honour Killings: A Human Rights Analysis of Pakistan’s Legal Framework. Pakistan Journal of Humanities and Social Sciences, 12(4), 2931–2941. https://doi.org/10.52131/pjhss.2024.v12i4.2438

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Articles