Honor killing and female lawyers in Pakistan:
Comprehensive, even so, certain other forms of sexual
harassment do not currently fall within its purview and are therefore not
specifically punishable, although this law is quite. Recommendations of female
lawyers in Pakistan: The punishment is enhanced to rigorous
imprisonment and extended to a term of five years. The law is expanded so that
written material, photographs, and all forms of vulgar displays are made
punishable. Honor killing The Commission is concerned at the practice of some
courts taking a lenient view of what is, in their eyes, "honor killing.
This is objectionable on two counts according to female lawyers in Pakistan.
They Think Honor Killing Make Them Strong and Respectable:
First, it mitigates murder. Thereby it becomes a strong
encouragement to other murders of the kind. It makes them look respectable. And
thus it waters down the basic judicial prohibition against anyone taking the law
into his or her own hands. If customs like karo kari remain rampant in parts of
the country it is because of this attitude. Secondly, it violates another
fundamental tenet of justice which is that a judicial forum may never pass
judgment of guilt against someone not on trial before it and someone not heard
by it. Recognition of honor' killing does just that. A court's according to
that recognition to what it sees as honor killing condemns the victim of the
killer without having heard her, and it does that without her having been on
trial before it in the first place. The attitude is impugned on two other
counts. First, the practitioners of law do not bring the same consideration to
bear on their judgment in the case of women - when a woman kills a man based on
a similar provocation which does not directly affect her person. Finally, the
Criminal Law (Amendment) Act, 1997 provides capital punishment as qisas for
qatl-e-amd without regard to any mitigating circumstance.
It Seem that Provocation is No Ground for Mitigating Circumstances:
A perusal of the provisions shows that provocation is no
ground for mitigating circumstances. No provocation for the act is given any
Weight whatever, when imminent danger to one's person may indeed be a valid
extenuating circumstance. This makes leniency towards honor killing, where
there is not even a direct and present threat to one's own person, even more,
unacceptable. Recommendations of female lawyers in Pakistan: The law should
make it clear that honor killings will be punishable as qatl-e-amd. Code of
Criminal Procedure, 1898 Arrest without warrant (Section 54) Special provision
should be made for medical examination of the arrested female needed, by female
doctors. Recommendation: The following
proviso should he added al the end of this section: "Provided that where
the arrested person is a female, her medical examination if needed, shall a Jar
as practicable be performed by a registered female medical practitioner. Suspicion
of cognizable offense [Section 157(1)] Special provision is again needed for
the investigation of rape victims to be carried out by female police officers.
Less Age Victim of Honor Killing:
Victims of less than 16 years of age will need to be treated
with extra consideration. Recommendation: The first proviso in this section is
preceded by the following one: "Provided that concerning any offense the
investigation and interrogation of women, as far as practicable, be conducted
by a woman police officer regardless of whether the female is a witness or an
accused. Wherever possible, the investigation or interrogation is carried out
at the female’s house but always in the presence of a family member or a person
chosen by the female. Provided further that if the alleged victim is less than
sixteen years of age she shall be questioned only at her residence and in the
presence of her parents or guardians, and the questioning shall be as brief as
possible.