CRIMES OF HONOUR: Formal And Informal Adjudicatory Systems in India and Pakistan

Description

This study presents a comparative analysis of the formal and informal legal systems in India and Pakistan in relation to honour crimes. 

The two countries share a common historical context that is reflected in their socio-cultural ethos. This study analyses the commonalities in their historical contexts, the invasion of the subcontinent, the intrusion and inclusion of foreign settlers, and the factors that contributed towards the creation and maintenance of patriarchal societies, which have led to several problems including honour crimes. Honour killings and violence in the name of honour are pervasive in both countries. Analysing their shared history helps to understand the prevailing socio-cultural, political, and legal dynamics in both countries. 

This study analyses the evolution of formal justice mechanisms in both countries as well as the development and expansion of legislative instruments before and enactment of laws after the Partition. It also examines the precedents of the higher courts of India and Pakistan in addressing honour crimes. It discusses the gaps in formal justice mechanisms that contribute to honour crimes and the informal justice mechanisms that prevail in both countries, including the institutions of the Jirga and the Panchayat, which hold a compelling position in the community and enjoy social support. The study investigates the factors that contributed to the consolidation of these institutions in both countries. It compares the legal instruments and precedents of the higher courts of both countries and discusses the prejudicial role of informal justice mechanisms in addressing honour crimes. 

It concludes that the informal justice mechanism contributes to the commission of honour crimes by promoting traditional customs and protecting perpetrators. As the formal court system in both countries is considered effective in combating honour crimes, this study makes recommendations to address the existing gaps and make the system more efficient.

Mohammed Subhan Hussain is a doctoral researcher in Law at the Institute of Advanced Legal Studies (IALS), University of London, specialising in commercial fraud litigation. He also specialises in South Asian Laws (India and Pakistan), encompassing five main areas of research: Violence Against Women (VAW); Honour Killings; Nuptial Concerns; Divorce; and Reproductive Rights.