Gender

Gender plays an important role in rural disputes. A high degree of gender discrimination existed in almost all the villages visited in the course of this study. In rural Punjab, brothers often do not want to share their deceased father’s land with their sister(s) according to Islamic inheritance laws. Those doing so are viewed as weak and often subjected to taunts and ridicule. This leads to disputes and sometimes to endless litigation. Thus, gender discrimination and land disputes often co-exist. “Honour” killing can also be viewed a s form of gender discrimination. This phenomenon is observed, to a large extent, in rural Sindh and Balochistan, and could well be no less prevalent in Punjab and NWFP.

It was inferred during the fieldwork that most of the murder cases in Lrkana are related to karo-kari (“honour” killing), the only form of murder reported. The practice is linked to the region’s cultural history and socio-economic situation, and hence varies. In some villages, where Baloch traditions are strong, both the karo (accused man) and kari (accused woman) are killed. In other communities, only the kari is killed and the karo is spared in exchange of cash or another female from his family.

In some locations, karo-kari is practiced as a form of exchange. Thus, both parties are pardoned in exchange for money and sang (committing a female associated with the family of the guilty party for a future marriage). If a kari’s life is spared, she is sold in marriage for a price higher than other women. Perhaps here sale outside the community fetches a higher price than within the community. Thus, women are bought, sold, owned, and dispatched off like mere commodities.

Karo-kari cases are dealt with according to the cultural and economic customs of the tribe. Decisions are adjudicated mostly by the informal justice system. Even when such cases reach the formal justice system, the relatives of the victims generally reconcile with the opposing party for compensation. This practice is endorsed by the “Islamic” legislation enacted in the 1980s. A representative of the local judiciary told us:-

What can we do if parents are willing to sell the blood of their children?

Karo-kari is prevalent in its worst form in Balochistan. As in Sindh, it is form of economic exchange and has social acceptance. According to a district official, it is one of the easiest ways of getting rid of one’s wife, and earning some money also.

As in Larkana, the resolution of karo-kari in Balochistan is dependent on the socio-economic status of the household and the norms of the tribe. Karo-kari cases are grossly under-reported, and there is no way of finding out the exact number.

In addition to poor house-holds, better-off women also find it difficult to access the formal system of justice. Unlike poor households in general, who do not approach the courts and police due to prohibitive costs, women are subject to social sanctions in case they resort to the formal system. As such, crimes against them are not considered “violations.” Under social and economic pressure, parents or guardians of karo-kari victims are often obliged to pardon the offenders even if the murder is reported and makes it to the court. This leaves the judge with no choice but to accept the pardon. A recommendation voiced by the women from Balochistan and Sindh asked for these “honor” killings to be treated as any other murder and made a non-pardonable offense.

Since most criminal offences have become compoundable due to the Islamic legislation passed in 1984, after experiencing court procedures and the attending costs, the parties are generally willing to compromise and agree to an out-of-court settlement. This is an alarming problem, particularly with “honour” crimes, since their perpetrators are generally family members pardoned in a court of law by other family members – even if such cases get reported to the formal judicial system.