Submission type: Article
Title: Honour Killings and Gender-Based
Violence in Pakistan
Author: Saba Shah (Law Student)
University/College: Shaheed Benazir Bhutto Law College
affiliated with University of Sindh
Honour Killings and Gender-Based Violence in Pakistan
Legal Framework, Judicial Response, and Critical Analysis (2026)
Abstract
This article examines honour killings and gender-based violence in Pakistan from a constitutional, statutory, judicial, and human rights perspective. Despite strong constitutional protections under Articles 9, 14, and 25 of the Constitution of Pakistan and significant legislative reforms such as the Criminal Law (Amendment) Act 2016, honour-based violence continues to persist as a serious social and legal issue. The study analyses the existing criminal framework under the Pakistan Penal Code, special gender protection laws, and Pakistan’s international obligations under human rights instruments such as CEDAW and the Universal Declaration of Human Rights (UDHR).
The article further evaluates the evolving judicial approach, particularly after the 2016 reforms, where courts have increasingly rejected compromise-based outcomes in honour killing cases. It incorporates case-based analysis, including recent incidents reported in 2026, and provides comparative insights from other jurisdictions where honour killings remain prevalent.
The study identifies structural weaknesses in Pakistan’s criminal justice system, including investigative inefficiency, societal pressure, weak witness protection, and procedural delays. Finally, it proposes legal, institutional, and socio-cultural reforms aimed at strengthening enforcement mechanisms and ensuring effective protection of fundamental human rights, particularly the rights to life, dignity, and equality.
Introduction
Legal Framework, Judicial Response, and Critical Analysis (2026)
Honor killings constitute one of the most severe forms of gender-based violence, where individuals—predominantly women—are murdered by family members on the justification that they have brought dishonor to the family or community. These acts are often linked to cultural, tribal, and patriarchal interpretations of “honor,” rather than any legal or moral justification.
Gender-based violence in Pakistan reflects a structural crisis where laws exist, but enforcement often fails. Honor killings, domestic violence, rape, and cyber harassment continue despite legislative reforms. The gap between legal frameworks and actual justice delivery is driven by weak investigations, patriarchal norms, and informal justice systems such as jirgas.
In Pakistan, honor killings remain a deeply rooted and persistent issue. Despite constitutional guarantees of fundamental rights, including the right to life and dignity, such crimes continue to occur across rural Sindh, Southern Punjab, Khyber Pakhtunkhwa, and certain tribal regions. The contradiction between constitutional law and social practices reflects a serious enforcement gap within the criminal justice system.
Over the years, Pakistan has introduced significant legal reforms, most notably the Criminal Law (Amendment) Act 2016, which sought to eliminate the possibility of offenders escaping punishment through forgiveness by family members. However, even after these reforms, honour-based violence continues due to weak implementation, societal pressure, and institutional limitations.
This article critically analyses the legal framework governing honour killings and gender-based violence in Pakistan, evaluates judicial responses, and examines both domestic and international perspectives. It also explores recent 2026 incidents to understand contemporary challenges and concludes with practical reforms aimed at improving justice delivery and human rights protection.
Meaning and Conceptual Background
a. Concept of Honour Killing
Honour killing refers to the unlawful killing of a person, usually a woman, by relatives who believe that the victim has brought shame upon the family. The perceived “dishonour” may arise from personal choice in marriage, alleged relationships, or violation of traditional social norms.
Legally, honour killing is classified as Qatl-e-Amd (intentional murder) under Section 302 of the Pakistan Penal Code (PPC). However, its cultural justification creates complexity in prosecution and societal acceptance in certain regions.
b. Gender-Based Violence
Gender-based violence (GBV) includes any harmful act directed against individuals on the basis of gender. It includes physical, psychological, sexual, and economic abuse. Women in Pakistan are disproportionately affected due to structural inequality, lack of education, and patriarchal dominance within social institutions.
c. Human Rights Perspective
From a human rights standpoint, honour killings violate multiple fundamental rights, including:
• Right to life
• Right to dignity
• Right to equality before law
• Right to personal liberty and autonomy
These rights are guaranteed under Pakistan’s Constitution and international human rights treaties, making honour killings not only a criminal issue but also a constitutional and human rights violation.
Legal Framework in Pakistan
Pakistan’s legal system provides a multi-layered framework addressing honour killings and gender-based violence.
The primary legal instruments governing honour killings include the Pakistan Penal Code 1860, the Code of Criminal Procedure 1898, and special statutes such as the Anti-Rape (Investigation and Trial) Act 2021 and the Prevention of Electronic Crimes Act 2016.
a. Constitutional Protections
The Constitution of Pakistan guarantees fundamental rights relevant to this issue:
• Article 9: No person shall be deprived of life or liberty except in accordance with law.
• Article 14: Dignity of man is inviolable.
• Article 25: Equality of all citizens before law.
Despite these protections, enforcement remains weak in rural and tribal areas.
b. Pakistan Penal Code (PPC)
Honour killings are prosecuted under general murder provisions, including:
• Section 302 PPC: Punishment for intentional murder
• Section 311 PPC: Court may punish even after compromise
• Sections 309–310 PPC: Qisas and Diyat framework
Historically, offenders could escape punishment through forgiveness by legal heirs, which significantly weakened deterrence.
Section 302 PPC defines Qatl-e-Amd (intentional murder). Section 311 PPC empowers courts to impose punishment even after waiver or compromise in the name of Fasad-fil-Arz (public disorder). Section 338-E PPC further strengthens state authority in preventing compromise-based acquittals in heinous crimes.
Despite these provisions, enforcement remains inconsistent due to procedural weaknesses and social pressures.
c. Criminal Law (Amendment) Act 2016
This landmark reform aimed to close legal loopholes by:
• Classifying honour killings as Fasad-fil-Arz
• Allowing courts to impose life imprisonment or the death penalty even if compromise is made
• Strengthening state prosecution authority
However, implementation challenges continue to limit its effectiveness.
d. Gender-Based Violence Laws
Various provincial laws have also been enacted, including:
• Protection of Women Against Violence Act (Punjab)
• Domestic Violence Acts in different provinces
• Sindh women protection laws
These laws provide protection orders, shelters, and legal remedies, but enforcement varies significantly across regions.
e. Honour Killing and the Qisas and Diyat Framework
Pakistan’s criminal law incorporates Islamic principles of Qisas and Diyat, allowing heirs to forgive offenders. However, this framework creates a major loophole in honour killing cases.
In practice, perpetrators are often close relatives, meaning the legal heirs themselves are involved in forgiveness, resulting in acquittals or reduced punishment.
f. Islamic Law Perspective
Islam does not permit extrajudicial killing. The Qur’an emphasizes due process and justice through lawful authority. Qisas and Diyat are strictly judicial mechanisms and cannot be applied privately. Honour killing, often justified culturally under the concept of “ghairat,” is inconsistent with Islamic principles of justice and evidence.
g. International Legal Framework
Pakistan is also bound by international human rights obligations, including:
• Universal Declaration of Human Rights (UDHR)
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
These instruments require states to eliminate violence against women and ensure effective legal protection.
Judicial Approach and Case Law
The judiciary has played a central role in shaping the legal response to honour killings.
a. Pre-2016 Era
Before the reforms, courts frequently allowed compromises under the Qisas and Diyat framework, resulting in low conviction rates. This created a legal environment where family-based forgiveness often replaced criminal accountability.
b. Post-2016 Judicial Shift
After the 2016 amendment, courts increasingly began treating honour killings as Fasad-fil-Arz, allowing punishment even in cases involving forgiveness. The judiciary emphasized that honour is not a lawful defence for murder.
c. Judicial Trends
Recent judicial trends include:
• Greater rejection of compromise settlements
• Recognition of honour killings as human rights violations
• Stronger sentencing in high-profile cases
• Emphasis on state responsibility in prosecution
However, lower courts sometimes struggle with consistent application.
d. Ghulam Mustafa v. State (PLD 2019 SC 675)
The Supreme Court held that honour killing falls under Fasad-fil-Arz and cannot be compromised under Qisas and Diyat where the offence shocks the conscience of society.
e. Muhammad Farooq v. State (PLD 2020 SC 121)
The Court emphasized that cultural justification in the name of honour has no legal standing and that murder in the name of honour constitutes aggravated homicide.
f. Mst. Shahida Parveen Case (PLD 2018 Lahore HC 210)
The Lahore High Court rejected compromise between parties in a Karo-Kari killing and reinforced the responsibility of the state to prosecute such offences.
These cases reflect judicial intent to curb honour-based violence, although implementation gaps persist at the investigation and trial stages.
Case Studies and Comparative Analysis
a. Misuse of Qisas and Diyat
One of the greatest loopholes lies in family forgiveness mechanisms, which allow perpetrators to escape punishment.
b. Weak Enforcement of Fasad-fil-Arz
Courts inconsistently apply discretionary punishment, leading to unpredictable sentencing outcomes.
c. Informal Justice Systems
Jirgas continue to operate in rural areas, issuing illegal death orders and forced settlements, thereby undermining state authority.
d. Investigative Failures
Police often delay FIR registration, mishandle forensic evidence, and fail to protect witnesses.
e. Social Pressure and Victim Withdrawal
Victims or their families are frequently coerced into forgiving offenders, which weakens prosecution cases.
Key Case Studies (2026 Context)
Recent reported cases in 2026 highlight continuing enforcement challenges. Several incidents involving young women killed by close relatives demonstrate that despite legal reforms, social attitudes and weak enforcement continue to permit recurrence of such crimes.
1. Rubina Case (Khairpur)
A young woman was reportedly killed after a jirga allegedly ordered her execution for entering into a free-will marriage.
2. Gulaan Bharo Case (Sukkur)
A domestic violence survivor was murdered after returning from a shelter home due to family pressure.
3. Mahnoor Magsi Case (2026)
A married woman was killed amid domestic disputes involving alleged drug abuse and family conflict.
4. Lakki Marwat Case
A man and woman were killed in an honour-related incident, reflecting ongoing trends in Khyber Pakhtunkhwa.
Statistical Context
According to reports of the Human Rights Commission of Pakistan (HRCP), thousands of rape and gender-based violence cases are reported annually, while conviction rates remain below 5 percent in most categories. Cyber harassment cases are also increasing, while convictions remain minimal due to limitations in digital evidence collection and prosecution.
Institutional Failures
Key institutional failures include:
• Lack of witness protection
• Weak forensic capacity
• Corruption
• Delayed trials
• Absence of coordinated prosecution systems
Shelter homes often lack adequate security, forcing victims to return to abusive environments.
International Comparison
Honour killings are also reported globally:
1. India: Khap Panchayat-related killings
2. Jordan: Historical leniency in sentencing
3. Turkey: Rural honour-based violence despite reforms
These examples demonstrate that honour-based violence is a global issue rooted in patriarchal social structures.
Regional and Sociological Dimensions
Honour killings are more prevalent in:
1. Interior Sindh
2. Southern Punjab
3. Tribal areas of Khyber Pakhtunkhwa and Balochistan
Key contributing factors include:
• Feudal social structures
• Jirga-based informal justice systems
• Patriarchal norms
• Low literacy rates
• Weak institutional reach in rural areas
Loopholes in the Legal and Judicial System
Despite legal reforms, several structural weaknesses persist.
1. Weak Investigation
Police investigations are often compromised due to:
• Political or social influence
• Poor evidence collection
• Delayed FIR registration
2. Social Pressure
Families often face pressure to forgive offenders, which undermines prosecution.
3. Judicial Delays
Lengthy trial processes and case backlogs reduce the effectiveness of justice delivery.
4. Lack of Witness Protection
Witnesses frequently face threats and intimidation, discouraging testimony.
5. Implementation Gap
Although laws exist, they are not uniformly implemented across rural and urban areas.
Suggestions and Reforms
1. Strengthening Law Enforcement
Specialized units for GBV cases and properly trained investigators are essential.
2. Fast-Track Courts
Dedicated courts for honour killing cases can significantly reduce delays.
3. Witness Protection
A robust national witness protection programme is necessary.
4. Awareness and Education
Legal literacy campaigns should particularly target rural populations.
5. Strict Implementation of the 2016 Law
Courts must consistently apply Fasad-fil-Arz provisions.
6. Social Reform
Long-term cultural change through education and awareness remains essential.
Conclusion
Honour killings and gender-based violence remain critical human rights challenges in Pakistan. Although constitutional guarantees and legislative reforms, particularly the Criminal Law (Amendment) Act 2016, have strengthened the legal framework, enforcement gaps continue to hinder effective justice delivery.
The judiciary has taken progressive steps toward stricter interpretation of laws and rejection of honour-based justifications. However, societal pressure, weak investigation systems, and procedural inefficiencies continue to undermine legal outcomes.
Ultimately, eliminating honour killings requires a comprehensive approach combining strict legal enforcement, judicial consistency, institutional reform, and deep-rooted social transformation. Only through coordinated efforts can Pakistan ensure full protection of fundamental rights, including the rights to life, dignity, and equality.
References
1. Constitution of the Islamic Republic of Pakistan, 1973.
2. Pakistan Penal Code, 1860.
3. Code of Criminal Procedure, 1898.
4. Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016.
5. Anti-Rape (Investigation and Trial) Act, 2021.
6. Prevention of Electronic Crimes Act, 2016.
7. Universal Declaration of Human Rights (UDHR), 1948.
8. Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW), 1979.
Cases
1. Ghulam Mustafa v. State, PLD 2019 SC 675.
2. Muhammad Farooq v. State, PLD 2020 SC 121.
3. Mst. Shahida Parveen v. State, PLD 2018 Lahore HC 210.
Citations
4. Human Rights Commission of Pakistan (HRCP), Annual Human Rights Reports.
5. Amnesty International Reports on Violence Against Women in Pakistan.
6. United Nations Women, Gender-Based Violence Reports.
7. Relevant newspaper reports and case studies published in 2026.
