Combating honour killing and forced marriage: British law

Dhaka,  Monday,   2016-09-18
Published : 18 Sep 2016, 19:46:47
About 500 women fall victim to honour killing each year in Pakistan

Combating honour killing and forced marriage: British law

M. A. Muid Khan
An honour killing is an act of vengeance, usually murder committed by a family or the members of a family against another family member, due to the perpetrators' belief that the victim has brought shame or dishonour upon the family, or has violated the principles of a community or a religion. In the UK, 11,000 incidents of self-styled 'honour crimes' have been reported over the last five years for reasons that can include refusal to enter an arranged marriage, a relationship that lacks approval, or even rape. It is reported in the Guardian  that some 500 women are killed each year in Pakistan at the hands of family members over perceived damage to "honour" that can involve eloping, fraternising with men or any other infraction against conservative values that govern women's modesty.

HONOUR KILLING OF SAMIA SHAHID: The  death of Samia Shahid, 28, who was murdered by her former husband in the name of so-called "honour killing" has again sparked an outpouring of grief on the BBC, the Sky, the CNN, Twitter and other social media websites.

BBC reported on July 31that Samia Shahid, 28, from Bradford, died whilst visiting her relatives in northern Punjab. Her second husband reported to the police alleging that his wife was killed because her family disapproved of their marriage. He alleged that she was murdered in an 'honour killing' because her family disapproved of their marriage after she had left her first husband who is her cousin.

Samia's relatives reportedly said she died from a heart or asthma attack and buried her in the village. However, the photographs of Ms Shahid's body showed a 7.5 inch red mark around her neck and saliva and blood oozing from her mouth and nostrils. Later on the Pakistani police launched a murder inquiry and started their investigation against the claim that the family bribed officials to cover-up the post-mortem.

Shahid's first husband and her father, Mohammad Shahid were arrested on suspicion of murder. Following the police investigation and interrogation, Ms. Shahid's first husband/ex-husband has admitted strangling her in "an honour-killing".

QANDEEL BALOCH STRANGLED TO DEATH: A British-Pakistani celebrity, Qandeel Baloch, 26, was strangled to death by her brother. She had shot to fame in recent months with a series of divisive publicity stunts starkly at odds with the country's conservative values, most notably promising to strip for Pakistan's cricket team if it beat India in the recent cricket T20 World Cup.

SAMAIRA NAZIR STABBED TO MURDER: In another sensational incident of honour killing,  Samaira Nazir, a 25-year-old British-Pakistani woman, was murdered by members of her family on April 23, 2005. Nazir was a graduate of the Thames Valley University and worked as a recruitment consultant. She fell in love with an Afghan migrant in Britain and planned to marry him against her family's wishes. She had rejected the suitors her family wanted her to marry. Her family rejected the Afghan because he was from a different tribe.

It was reported that after an argument, her brother Azhar Nazir (30) and a cousin, Imran (17), murdered her by stabbing her more than 18 times using four knives. The attack was performed in front of other family members, including two of her nieces, aged two and four. On July 14, 2006, an Old Bailey judge sentenced Azhar Nazir and Imran Mohammed to life imprisonment. Her father was also charged but died before the trial.

HONOUR KILLING: Female family members are the main victims of honour killing. The mere perception that a woman has behaved in a way that "dishonors" her family is sufficient to trigger an attack on her life. A woman could become a victim of honour killing for several reasons such as: refusing to enter an arranged marriage, being in a relationship that is disapproved by their family, having sex outside marriage, becoming the victim of rape, dressing in ways which are deemed inappropriate, engaging in non-heterosexual relations or renouncing a faith.

In most of the incidents of honour killing, methods used are stoning, stabbing, beating, burning, beheading, hanging, throat slashing, lethal acid attacks, shooting and strangulation. The murders are sometimes performed in public to warn the other women within the community of possible consequences of engaging in what is seen as illicit behaviour.

FORCED MARRIAGE: Most honour killings are connected with forced marriage. A forced marriage is a marriage that takes place without the full and free consent of both parties and involves circumstances of duress. Duress may include physical, psychological, financial, sexual and emotional pressure. Traditionally, it was predominantly young females who were subjected to forced marriages. However, there has been a progressive increase in male individuals being forced into marriage without consent.

There are many reasons why individuals are forced into marriage. Some of the key reasons include: 1. Controlling unwanted behaviour i.e. alcohol and drug use or behaving in what is perceived to be a westernised manner; 2. Controlling unwanted sexuality i.e. perceived promiscuity, being lesbian, gay, bisexual or transgender; 3. Preventing unwanted relationships i.e. outside ethnic, cultural, religious or caste groups; 4. Protecting family honour and attempting to strengthen family links; 5. Achieving financial gain i.e. ensuring land, property and wealth remain within the family and 6. Obtaining immigration advantages i.e. assisting claims for UK citizenship.

UK LAW TO PREVENT FORCED MARRIAGE: A good number of honour killings of British nationals are connected with forced marriages. Hence forced marriage is considered a violation of human rights in the UK and is contrary to the Matrimonial Causes Act 1973 which states that a marriage shall be voidable if: "either party to the marriage did not validly consent to it, whether in consequence to duress, mistake, unsoundness of mind or otherwise"

The law has introduced Forced Marriage Protection Orders (FMPO) to protect the victims of any one either being forced into marriage or are already in a forced marriage. The order can include prohibitions, restrictions or requirements to protect a victim from a spouse, family member or anyone involved. Involvement within the meaning of this Order can include aiding, abetting, counselling, procuring, encouraging, or assisting another person to force or attempt to force a person to marry. The FMPO was introduced in 2008 for England, Wales and Northern Ireland under the Forced Marriage (Civil Protection) Act 2007. Section 1 of The Forced Marriage (Civil Protection) Act 2007 inserted provisions into the Family Law 1996 enabling the courts to apply the FMPO to prevent forced marriages from occurring and to protect those who have already been forced into marriage. The FMPO can last for a specified time or if the court so desires, set the FMPO for an indefinite period i.e. until varied or discharged.

The order can relate to conduct either within or outside of England and Wales. Therefore, if a British citizen becomes a victim of forced marriage, the victim is entitled to get the protection of law under the FMPO.

The court may make a FMPO on an application submitted by the person who is to be protected by the order or by a relevant third party. Additionally, a FMPO can also be obtained by any other person with the permission of the court. It is to be noted here that a Relevant Third Party is someone who is appointed to make applications on behalf of others. Relevant third parties could include organisations such as the police and local authority. Both adults and children can apply for a FMPO.

An application for a FMPO can be made at a number of county courts in England and Wales or at the High Court in London. The court may, in any case where it considers that it is just and convenient to do so, make a forced marriage protection order even though the respondent has not been given such notice of the proceedings.

The court has the power to make a FMPO to protect a person facing forced marriage or who has been forced into marriage. The court also has the power to add an attachment of a power of arrest if it considers that the respondent has used or threatened violence against the person being protected.

Though an order made under the Forced Marriage (Civil Protection) Act 2007 is not a criminal offence, the police have the power to arrest anyone who they have reasonable suspicion to believe are in breach of the order. A person arrested for a breach of a FMPO must be brought before the court within a period of 24 hours and will be dealt with under the court's powers of contempt of court.

There is no specific criminal offence of forcing a person into a forced marriage, but the forcing parties may be guilty of committing other criminal offences such as: Threats to kill, assault, kidnap/abduction, false imprisonment etc. If the persons the order is made against disobey it, they can be prosecuted for breach of a court order and sentenced for up to two years.

Exemplary punishment should be given against the murders carried out by people professing to be acting in defence of honour of their family. This would deter other family members to pardon a killer. All should stand together shoulder to shoulder and join in the procession to combat and uproot the incidents of honour killing and forced marriage. Otherwise, the strict application of criminal law would fail to deter this crime and bring the perpetrators before justice.

The writer is a Barrister of the Honourable Society of Lincoln's Inn, Chartered Legal Executive Lawyer of CILEX. He was declared as the Best Human Rights Lawyer of England & Wales by the Bar Council,

Law Society & CILEX.

barristermuid@yahoo.co.uk
ADDRESS
Editor : A.H.M Moazzem Hossain
Published by the Editor for International Publications Limited from Tropicana Tower (4th floor), 45, Topkhana Road, GPO Box : 2526 Dhaka- 1000 and printed by him from City Publishing House Ltd., 1 RK Mission Road, Dhaka-1000.
Telephone : PABX : 9553550 (Hunting), 9513814, 7172017 and 7172012 Fax : 880-2-9567049
Email : editor@thefinancialexpress-bd.com, fexpress68@gmail.com
Copyright © 2016. All rights reserved
Powered by : orangebdlogo
close