Key Takeaways
- Supreme Court rejects death sentence commutation for man who murdered woman after she refused marriage.
- Judgment highlights patriarchal customs and gender-based violence, emphasizing the importance of a woman’s consent.
- Court refers to ghag, an archaic practice where a man claims a woman without her consent, often leading to violence.
The Supreme Court of Pakistan has dismissed a criminal review petition by Muhammad Kamran, who was sentenced to death for murdering a woman after she and her family rejected his marriage proposal. The court’s judgment, authored by Justice Muhammad Hashim Khan Kakar, underscores the societal shame of resorting to violence over a woman’s refusal to marry.
Justice Kakar stated, 'The sole reason he takes her life is to appease his wounded ego, as he was unable to secure her hand and marry her.' The three-member bench, which also included Justices Salahuddin Panhwar and Ishtiaq Ibrahim, rejected Kamran’s plea for commutation to life imprisonment, emphasizing that a condemned prisoner cannot claim a right to such a sentence based on the years served.
The court’s judgment highlights the issue of patriarchal customs and gender-based violence, noting that a woman’s refusal to marry is often met with violence. Justice Kakar observed, 'Marriage is a mutual, voluntary covenant that necessitates free consent of both parties. But in a variety of patriarchal systems, it is accepted that men have the exclusive right to select, demand and enforce possession over a woman, irrespective of her wishes.'
The judgment further elaborates on the practice of ghag, an archaic customary practice where a man unilaterally claims a woman as his bride without her or her guardians’ consent. The court explained that historically, ghag was executed by firing gunshots outside the woman’s residence or making a public declaration. The judgment states, 'Ghag acts as an informal seal or taboo intimidating other perspective suitors away, holding a woman’s marital status hostage as if she is a territory, which is now marked by this man.'
The court’s ruling emphasizes the need to challenge such practices and the societal shame associated with them. Justice Kakar regretted, 'The sole reason he takes her life is to appease his wounded ego, as he was unable to secure her hand and marry her.'
The judgment also highlights the consequences of such practices, noting that a woman may remain unmarried for years or even decades due to a declaration that was never followed by a legal or religious ceremony, engagement, or marriage.
The Supreme Court’s stance on this issue is clear: violence in response to a woman’s refusal to marry is a profound shame on the conscience of any civilised society. The court’s judgment serves as a reminder of the importance of respecting a woman’s fundamental right to say ‘no’ and the need to challenge and change harmful customs and practices.
The court’s emphasis on the importance of a woman’s consent in marriage and the rejection of patriarchal customs is a significant step towards addressing gender-based violence and promoting equality in Pakistan.
The sole reason he takes her life is to appease his wounded ego, as he was unable to secure her hand and marry her.
Justice Muhammad Hashim Khan Kakar, Supreme Court Justice
Marriage is a mutual, voluntary covenant that necessitates free consent of both parties. But in a variety of patriarchal systems, it is accepted that men have the exclusive right to select, demand and enforce possession over a woman, irrespective of her wishes.
Justice Muhammad Hashim Khan Kakar, Supreme Court Justice
