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Under Pak Law, Qandeel’s Killer Could Walk Free But Probably Won’t

Pakistan needs to tighten its criminal code and ensure it metes out stricter punishment for ‘honour’ killing.

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Having started out as a rent-a-tantrum on reality TV, Qandeel Baloch had in the last two years, emerged, albeit unknowingly, as a strong political-social statement – not just in Pakistan, but in the Indian subcontinent.

Mostly derided in life, her death at the hands of her brother has come as no shock to Pakistan that recorded 933 ‘honour’ killings between 2013–2014. Most believe that’s a conservative estimate.

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Qandeel was murdered on Friday night by her brother Waseem, who confessed before the media as he was hauled in by the police in the city of Multan. “Yes of course, I strangled her. I’m not embarrassed at all by what I did. Her behaviour was unacceptable,” he said defiantly.

That he poisoned her before snuffing the life out of her and ran away after committing the murder does not figure in the bravado displayed by Waseem on Saturday.

That Waseem was even financially dependent on Qandeel was revealed by their father during her funeral in the city of Multan on Sunday.

In the FIR, Qandeel’s father has also named his second son, Aslam Shaheen, for provoking Waseem to murder their sister for “bringing disrepute to the family”.

Given the confession and Qandeel’s father’s determination to pursue the case, it seems unlikely that Waseem will go unpunished.

But that is not the case for countless other women who become victims of ‘honour’ killing in Pakistan.

Pakistan’s Ineffective Criminal Code

In 1990, the Pakistan government introduced the concept of Qisaq (Blood Money) and Diyat (Retribution) in its criminal code. It must be noted that Pakistan’s criminal code is a combination of British-inherited law and the religious Sharia introduced by military ruler Mohammad Zia-ul-Haq.

The law allows the victim’s family member to take independent decisions. The victim’s family is not bound by the law to report a crime or seek prosecution. If the matter reaches court, the Judge can grant the family the right to pardon the accused, negotiate a punishment (retribution) or negotiate a monetary compensation (blood money).

In 2005, Pakistan amended its criminal code to prevent those accused of ‘honour’ from pardoning themselves as “heirs” of the victim. But the punishment is left to the judge’s discretion, which human rights organisations say are usually not proportionate to the nature of the crime.

In February, Pakistani Prime Minister Nawaz Sharif expressed his intent to amend the criminal code, but no action has been taken yet.

Qandeel’s murder has already raised the demand for a stricter law against ‘honour’ killing in Pakistan.

(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)

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