Prosecution, that too successfully, against perpetrators of gender-targeted crimes is not an easy undertaking, especially in patriarchal societies like Pakistan. Although relevant legislations on violence against women have long been established, convicts still make use of various glaring legal loopholes to walk away scot-free. With the exception of a few cases where authorities have made the state a complainant in murders committed in the name of ‘honour’, most culprits, despite being caught, are pardoned by their family members.
Such shortcomings previously facilitating an increasingly gruesome prevalence of ‘honour killings’ in Pakistan would soon be undermined by a new legislation passed by the country’s parliament on Thursday. The historic bill holds great significance as it has acknowledged how such crimes are carried out in connivance with family members. By stripping them off their right to pardon the murderers as well as mandating prison sentences of 25 years, the parliament has finally responded to those calling for strict punishments for the convicts. Even though no law is powerful enough to completely root out any abhorrent practice from society, an effective implementation of a comprehensive legislation can definitely act as a deterrent. Hence, this much-awaited progress by the authorities in dissociating the country from an evil it is lately considered synonymous with should be greatly applauded.
However, this epidemic would not be overcome overnight. Many legal experts have already pointed out some limitations in the amendment that was originally introduced to counter the loopholes in the existing framework. The authorities, thus, need to initiate a discourse against clauses that can still assist murderers in evading the punishments they rightfully deserve, especially with regard to substitution with simple murder. Lawmakers should, hence, strive for legislations that make a clear distinction between simple murder and honour killing by establishing electronic evidence in lieu of testimonial evidence as apparatuses of an investigation. No perpetrator of any crime committed on the pretext of honour should be allowed any prospect of relief from either investigating officers or relevant courts.
It would be unfair, though, to expect the authorities alone to achieve significant progress without any assistance from the civic society. As long as the societal mindset is not revolutionised to inculcate values that create an embracing environment for females — both inside and outside the vicinity of their homes — lasting results should not be expected. Indeed, someone who kills another person in cold blood only deserves lengthy imprisonments and not forgiveness. The state should definitely ensure that all notions of ‘honour’ are removed from acts that take away the right — to live — guaranteed by the constitution.
However, a murderer is not alone in his crusade to physically remove all those elements that risk bad naming him or his family. Also responsible are those mothers who engage in preferential treatment of their sons over their daughters or those institutions that expect women to be submissive before the misogynistic ideals of society. Daughters and sisters would continue to be murdered for allegedly bringing shame to their families as long as their bodies are looked upon as mere vessels embodied with honour and dignity. Even those who are murdered are forced to comply with the familial aspirations regarding how they should lead their own lives.All criticisms aside, Prime Minister Nawaz Sharif should be appreciated for at last realising his promise to take action against loopholes in laws with regard to honour killings. If the state actually succeeds in setting forth an effective implementation of all discussed clauses, Pakistan women would finally be able to enjoy a life they desire and deserve sans any fears of lethal repercussions from ‘unhappy’ or ‘angry’ family members.
Is Pakistan coming out of its denial mode?
According to a story published in a local newspaper, the civilian government, in a blunt and unprecedented warning, has informed the military leadership of growing international isolation of Pakistan, and has sought consensus on several key actions by the state. As a result of the most recent meeting, at least two sets of action have been agreed upon. First, DG ISI General Rizwan Akhtar, accompanied by National Security Adviser Nasser Janjua, is to travel to each of the four provinces with a message for provincial apex committees and ISI sector commanders that military-led intelligence agencies are not to interfere if law enforcement agencies act against militant groups that are banned or until now considered off-limits for civilian action. Second, Prime Minister Nawaz Sharif has directed that fresh attempts be made to conclude the Pathankot investigation and restart the stalled Mumbai attacks-related trials in a Rawalpindi antiterrorism court.
But perhaps the most astonishing part of the meeting was the extraordinary verbal confrontation between Punjab Chief Minister Shahbaz Sharif and the DG ISI. CM Sharif had reportedly complained that whenever action has been taken against certain groups by civilian authorities, the security establishment has worked behind the scenes to set the arrested free. To defuse tensions and to avoid any kind of misunderstandings, Prime Minister Sharif himself addressed General Akhtar and said that policies pursued in the past were state policies, and as such they were the collective responsibility of the state, and that the DG ISI was not being accused of complicity in present-day events.
Similar concerns were voiced by Senator Aitzaz Ahsan while addressing the joint session of parliament the next day. He reiterated that the government had been unsuccessful in implementing the National Action Plan as certain elements accused of propagating terror in other countries continue to stage rallies and freely collect funds even in cities like Islamabad, Lahore and Karachi.
While such a move on behalf of the civilian government is indeed unprecedented, it does show that Pakistan is indeed being isolated in the world arena, which is in contrast to the earlier government claims. The indifferent response from the power capitals towards Pakistan’s demands for an investigation into Kashmir rights issue signals the looming threat of isolation.
The move on the part of the PML-N suggests a major departure from state policies. The explicit mention of Jaish-e-Mohammad, Lashkar-i-Taiba and Haqqani Network does support the claims of the international community of Pakistan’s compartmentalisation of militant groups. Even if the statement has come as a surprise to many, this is the standard procedure in a democracy. It is the civilian government that has the authority to formulate policies and ordering military action if required.
The development shows that the government has realised that it cannot afford to live in denial anymore. Calls for fresh investigations into the Pathankot attack and the restart of Mumbai attacks trials show government’s reiterated stance amid rising tensions in the region. The relations with both India and the US have deteriorated because of incidents of terrorism, which are allegedly being propagated by groups operating from Pakistan.
Recently, China vetoed a UN ban on Jaish-e-Mohamad leader Masood Azhar, but not without questioning Pakistan’s logic behind it. The world power dynamics are changing. No matter how good an ally China is, at some point, Pakistan would have to give logical responses to such questions. It is about time that Pakistan categorically strengthened its resolve to elimination of any such elements operating on or from Pakistani soil. India has used the terrorism card to avoid tensions in Kashmir being highlighted at the world level. If Pakistan is sincere in doing something for the Kashmir issue, it would have to go all out against terrorism, and thereby denying India the leverage it keeps using over Pakistan.
The image of Pakistan has been tarnished over the years especially following the 9/11 tragedy and the consequent war on terror. There is a desperate need to come clean with its policies. At this critical point in time, government should realise that it cannot properly function without a foreign minister. Already much has been lost on the diplomatic front, and there is an urgent need to have sane minds re-establish Pakistan’s image in front of the world powers.
