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

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)
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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

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