In a harrowing reminder of parallel systems of justice in Pakistan, a young couple \u2014 Banu and Ehsan \u2014 were executed in cold blood by a tribal jirga in a remote region of Baluchistan. Their only crime: choosing to marry out of love, defying the traditional norms of their community. The sentence was death by firing squad \u2014 an archaic form of \u201cjustice\u201d administered not by a court of law, but by the unwritten codes of tribal honour.
\nThis tragic incident reopens the long-standing debate about the writ of the state versus the writ of tribal traditions. The rule of law, enshrined in the Constitution of Pakistan, is undermined when extrajudicial tribal jirgas are allowed to function as shadow courts. While customary law holds a certain cultural relevance, its violent and patriarchal applications \u2014 particularly in cases of honour \u2014 are incompatible with human rights and modern justice.
\nAt the heart of honour killings, revenge rapes, and historical practices like sati lies a single, deeply entrenched distortion: the objectification of women. In patriarchal societies across the world \u2014 from South Asia to the Balkans and even parts of the Middle East \u2014 a woman is not regarded as an autonomous being, but as a vessel of male honour, tribal pride, or national humiliation. Her choices, body, and life are commodified, politicised, and often sacrificed at the altar of collective ego.
\nIn the tribal belts of Pakistan and Afghanistan, a woman\u2019s decision to marry out of love becomes a declaration of war against the tribe\u2019s authority. Her murder is seen not as a crime, but as a restoration of ghairat. In war zones like Bosnia or, more recently, Palestine, rape is employed as a weapon \u2014 not just against the individual woman, but against her entire community, as a tool to desecrate the \u201chonour\u201d of her people.
\nThe ancient Indian practice of sati, where widows were burned or buried alive with their deceased husbands, was justified by the grotesque belief that a woman\u2019s physical existence had no meaning outside of her husband\u2019s life. Even when banned by rulers like Mughal Emperor Aurangzeb and later the British Raj, some communities continued to practise it \u2014 not out of faith, but out of fear that a widow\u2019s existence posed a moral risk to the community.
\nWhether it is a tribal firing squad in Baluchistan, a Hindu funeral pyre in Rajasthan, or a Serbian soldier in a Bosnian rape camp \u2014 the logic is disturbingly consistent: the woman is not human; she is symbolic. Her life is less important than the reputation she represents.
\nThis mindset is the root of violence \u2014 and unless dismantled, no law, reform, or policy can truly end the cycle of gender-based atrocities. We must begin by restoring the humanity of women \u2014 recognising them not as bearers of honour or shame, but as individuals with rights, will, dignity, and dreams.
\nCultural justifications for such violence must no longer be tolerated. It is not honour; it is misogyny wrapped in tradition. And this mindset, more than the weapons or the courts, must be confronted \u2014 in our homes, our schools, our mosques, our jirgas, and our parliaments.
\nHonour killings are not confined to Pakistan. They occur in India, Iran, Afghanistan, and even in Western countries such as the United Kingdom, where naturalised South Asian citizens have brought these regressive practices with them. The underlying premise remains the same: that women\u2019s choices \u2014 particularly in matters of marriage \u2014 must conform to patriarchal authority or be met with fatal consequences.
\nIn Pakistan\u2019s semi-settled and tribal regions \u2014 such as parts of Baluchistan and Khyber Pakhtunkhwa \u2014 state institutions often turn a blind eye to tribal verdicts. These regions are plagued by a legal vacuum, where the line between customary law and constitutional law is blurred. The enforcement of the rule of law remains weak, often overridden by centuries-old tribal codes.
\nThis dual system of justice not only delegitimises the state but also puts vulnerable individuals \u2014 especially women \u2014 in grave danger. The state must make a decisive choice: either continue to tolerate a system of selective legality, or reinforce a universal justice system that defends the rights of all citizens, irrespective of geography or tribe.
\nIndia, facing similar challenges, has taken certain proactive steps against honour killings:
\nFast-track courts: Special courts have been set up to swiftly prosecute honour crimes, minimising the possibility of community pressure or out-of-court settlements.
\nLegal protection for adult couples: In states like Haryana and Punjab \u2014 notorious for honour killings \u2014 the judiciary has directed local police to provide protection to couples who fear familial violence.
\nVillage-level awareness campaigns: NGOs and women\u2019s groups conduct door-to-door awareness programmes to change mindsets around honour and marriage.
\nPakistan can learn from these initiatives, tailoring them to its own social and cultural landscape.
\nConcrete Steps Forward for Pakistan:
\nEmpower Local Justice Officials: Appoint Family Qazis or Justices of Peace in tribal regions \u2014 especially women \u2014 trained in Islamic jurisprudence and constitutional law to act as mediators and protectors of adult couples seeking marriage rights.
\nLegal Protection Units (LPUs): Set up LPUs at the district level that offer legal counselling, protective custody, and shelter to at-risk couples. These units must be run by civil servants with authority and security support.
\nCommunity Whistleblowers & Vigilant Citizens\u2019 Networks: Form networks of civil society activists, teachers, and local journalists to serve as early warning systems, alerting authorities before tribal \u201cverdicts\u201d are executed.
\nShelter Homes for Men and Women: Expand state-supported Dar-ul-Aman institutions and introduce safe houses for both women and men who flee from tribal vengeance. These must be discreet, well-funded, and protected by court orders.
\nDigital Reporting Portals: In collaboration with civil society, create an anonymous online portal where potential victims or concerned citizens can report threats of honour killings.
\nCriminalisation of Jirga Verdicts: The state must make it clear through legislation that jirgas passing death sentences are engaging in criminal conspiracy. There must be accountability \u2014 including for tribal elders who enable such rulings.
\nThe case of Banu and Ehsan is not just a tragedy \u2014 it is an indictment. The state cannot afford to tolerate two parallel systems of justice. Tribal customs that end in murder cannot be romanticised as heritage. The Constitution must reign supreme in all corners of the country.
\nAs a society, we must confront the dark side of ghairat, and stop sanctifying cruelty under the banner of culture. Women and men must be seen as full legal persons \u2014 not vessels of honour or shame.
\nIt is time we honoured love, life, and choice \u2014 rather than executing them in the name of tradition.<\/p>\n
The writer is a former ambassador and Director Global and Regional Studies Center at IOBM University Karachi.<\/p>\n
Courtesy<\/p>\n","protected":false},"excerpt":{"rendered":"
In a harrowing reminder of parallel systems of justice in Pakistan, a young couple \u2014 Banu and Ehsan \u2014 were executed in cold blood by a tribal jirga in a remote region of Baluchistan. Their only crime: choosing to marry out of love, defying the traditional norms of their community. The sentence was death by […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"class_list":{"0":"post-492872","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-article"},"yoast_head":"\n