OFFENCES OF FORCED MARRIAGE, RAPE, AND HONOUR KILLING: A COMPARATIVE STUDY OF PAKISTAN AND AFGHANISTAN

Abstract

It is a comparative study focusing on the crimes of honour killings, rape, and forced marriage in Pakistan and Afghanistan with an emphasis on the role of judiciary along with social, cultural, and legal factors that influence how these crimes are handled and how common they are in both nations. The legal reactions and social views towards these offences show notable variances, despite the fact that they are heavily influenced by patriarchal regimes and conservative religious interpretations. In both countries, forced marriage is frequently viewed as a means of upholding social standing and family honour, rape victims are severely stigmatised by society, which results in underreporting and insufficient legal remedies. Despite legal embargoes, honour killings continue to occur, frequently with the justification that they are necessary to preserve family honour. The paper examines how customs, the predominance of traditional values, and lax law enforcement make it difficult for legislation in both nations to adequately address these problems. The study compares the court cases decided by the superior courts as quantitative data in order to draw attention to the parallels, discrepancies, and difficulties that Pakistan and Afghanistan encounter in dealing with these serious human rights abuses. It also makes suggestions for enhancing legal safeguards and raising public awareness.

Keywords: Forced Marriage, Rape, Honour Killing, Court, Comparative