Pakistan's Femicide: What does the Future Hold for Pakistani Women?
Femicide: the murder of women, because they are women. 1 A concept Pakistan has become too comfortable in. Neither has Pakistan progressed in halting its on-going femicide, it has acquitted those who perpetuate these acts.
In February of 2022, Qandeel Baloch who was murdered by her own brother nearly three years prior under the pretext of honor was acquitted by the Lahore High court, bringing Qandeel’s case back to where it started. The acquittal also comes as a shock due to the timeline. In 2016 the Amendment was made to the Pakistan criminal code that stated that Fasad-fil-arz (Killing under Honour) would be amended under section 299(e) outlining that offense committed under the pretext of honor would be punishable with life imprisonment as per Section 311. 2 When perpetrators of heinous crimes like that of Qandeel’s murder walk away scot-free brings into question just how legitimate our justice system is. The faith in the system seems to collapse over the years only gradually, with landmark decisions that should have ideally been precedent to deter similar crimes in the future are being overturned with the granting of these acquittals.
In this unpredictable environment regardless of the obvious facts of the case it still seems no one in the country expects justice rather begs for it. It’s appalling to see citizens of Pakistan having to rally together to demand justice for cases because they know it won’t be granted unless they go above and beyond the necessary requirement to allow victims of these horrific crimes to be heard. The landmark decision given in the Noor Mukadam murder case 3 , it brought about hope for the future of such cases, it also brought into the spotlight the power the rich hold when they commit crimes. With countless sit-ins, rallying for support and outcry by women all around the globe to demand justice, would this justice have been granted if people did not show their disapproval of the justice system? Why did no one hold faith in the outcome leading up to the trial?
Another year passes where it’s hard to determine the role of the judicial system without this external pressure from the public, it all circles back to the same question: why do women carry such little faith in the system?
2016, Khadija Siddique is stabbed 23 times for the refusal of a marriage proposal. Under Pakistan's relaxed laws the convict is released on an early sentence 3.5 years of his 5 year sentence. 4 Giving perpetrators of gender based violence leeway has not only created an inhabitable country for the women of Pakistan but has made the justice system weak to its core. Mob mentality and extremism rises in nations where the system fails the people. It is unfortunate.
to say, it is women who have to carry the burden of the repercussions of the actions of men in power.
While we have seen a handful of changing tides in the Pakistani justice system, it does remain a long way to creating a safer and just system for women to bring about their cases. The abolishment of the two-finger test for Sexual Assault cases in 2020 within the region of Punjab, the appointment of Justice Ayesha as the first female supreme court judge, are commendable strides but it has taken a long time to reach them.
Another integral adjustment made to the Pakistani Justice system recently was the amendment in the Protection of Women against Harassment at the Workplace Act. The changes made now allow the complainant to include the transgender community, individuals who work in informal jobs as well as holding former employees liable all of which could not be done in the past. This amendment is integral to the sort of cases women can now bring in. it shatters this blockade that existed before especially with women who worked in informal jobs where the law could not protect them. It protects regardless of the class you belong from. Protecting women who are no longer employed by those who have harassed them in the workplace allows those who quit out of fear, coercion or even societal pressures now have an outlet that will protect them, or can hope will protect them. With decisions like these being taken, it gives a beacon of hope to women who strive for a fairer system daily.
A positive sign of action from the state for its commitment towards the safety and habilitation of women can be seen through the life imprisonment of Usman Mirza 5 . Usman Mirza alongside several others had sexually assaulted a couple in Islamabad, Pakistan. The entire event was recorded and posted virally on Tiktok. Despite such blatant obvious evidence, Pakistan has cultivated an environment for women where the victim refused to pursue her case. With victim blaming at its peak, continuing with such a case came with repercussions to the victim. Part of the burden left to carry would be that given to honor in this society. Haya or honor, drives injustice in the name of justice in Pakistan. Mob mentality leaves victims of abuse to be met with moral policing over being allowed to prove right or wrong. While it is a long journey ahead, the state siding with the victim and the appropriate sentence given to the accused was a beacon of hope. Not only to the victim but towards changing the mindset of the ordinary citizen.
These are noteworthy milestones Pakistan is achieving but it is a critical point where the system needs to continuously strive for better systemic change. Our system is inherently flawed and a large part of it comes from external pressures outside the proximity of the justice system, yet it is the justice system that continuously succumbs to these very pressures. Till the flag bearers of justice truly accept the meaning of the word itself, the sanctity they grant honor will prevail over fairness.
References :
https://www.womensaid.org.uk/what-we-do/campaigning-and-influencing/what-is-femicide/
https://time.com/4416510/pakistan-honor-killing-qandeel-baloch-law-maryam-nawaz-sharif/
https://www.dawn.com/news/1647623
https://www.dawn.com/news/1636494
https://tribune.com.pk/story/2349599/usman-mirza-four-others-get-life-imprisonment
About the author :
Zainab is a Pakistani currently studying law at the University of Exeter, hoping to specialize in human rights law. She is a freelance writer, publishing pieces on women's rights in Pakistan.
