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                        <description>The Express Tribune keeps you up to date with all the latest happenings from Pakistan and across the world!</description>
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			<title>Mukhtaran Mai to walk the ramp for Rozina Munib at FPW</title>
			<link>https://tribune.com.pk/story/1216025/mukhtaran-mai-walk-ramp-rozina-munib-fpw</link>
			<comments>https://tribune.com.pk/story/1216025/mukhtaran-mai-walk-ramp-rozina-munib-fpw#comments</comments>
			<pubDate>Mon, 31 Oct 16 07:29:17 +0500</pubDate>
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				<![CDATA[Life &amp;amp; Style Desk]]>
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			<category><![CDATA[Life &amp; Style]]></category>
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				<![CDATA[The woman empowerment figure will walk the ramp on the Third day]]>
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				<![CDATA[Mukhtaran Mai, a gang-rape survivor and a figure of women empowerment in Pakistan, is set to walk the ramp for designer Rozina Munib at Fashion Pakistan Week 2016.

SC issues notices to all accused in Mukhtaran Mai rape case

Catalyst, Catwalk media PR spokesperson told The Express Tribune Mukhtaran Mai will be flying to Karachi from Lahore today to attend the coveted FPW.

https://www.instagram.com/p/BMGes7yAH4j/?taken-by=rozinamunibofficial

According to the PR representative,t he purpose of making Mukhtaran Mai walk the ramp is to raise awareness about taboos associated with women in our society. At large the purpose is to support women empowerment in Pakistan.

[caption id="" align="alignnone" width="625"] ROZINA'S COLLECTION. PHOTO: PUBLICITY[/caption]

Mukhtaran Mai: A story of extraordinary courage

Mukhtaran Mai is an outspoken advocate for women's rights and she started the Mukhtar Mai Welfare Organisation to support and impart education to the women and girls of Pakistan. She's also a recipient of North-South Prize from the Council of Europe.

Have something to add to this story? Share it in the comments.]]>
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			<title>The world according to a Pakistani</title>
			<link>https://tribune.com.pk/story/168010/the-world-according-to-a-pakistani</link>
			<comments>https://tribune.com.pk/story/168010/the-world-according-to-a-pakistani#comments</comments>
			<pubDate>Fri, 13 May 11 18:42:54 +0500</pubDate>
			<dc:creator>
				<![CDATA[saroop.ijaz]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=168010</guid>
			<description>
				<![CDATA[Events such as Osama's killings galvanised public opinion, where as Mukhtaran Mai's verdict split it in two camps.]]>
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				<![CDATA[In a country obsessed with binary, quantifiable answers, a pertinent question is, what is a reasonable price for being gang-raped? Apparently, a world tour is more than adequate compensation, at least according to a few anchorpersons. The acquittal of Mukhtaran Mai’s alleged rapists is disturbing, but infinitely more disconcerting is the quantity and quality of public discourse in the aftermath of the verdict. The discussion has oscillated between being exceptionally juvenile to being outrageously insensitive. Disagreements pertaining to the soundness of a judgement are entirely legitimate. However, one would have thought that the fiasco would have led to a more nuanced dialogue pertaining to rape, women emancipation and systemic misogyny in society. Instead, the media focus has almost entirely been on the material gains that may have accrued to Mai as a result of being raped and the veracity of her claim.

There is a glaringly disproportionate reaction to the decision when compared to the media and public support accorded to Dr Aafia Siddiqui. Mukhtaran Mai, like Aasia Bibi, is not noteworthy enough. The good doctor, Blackwater, Raymond Davis, Osama and drone attacks have the ability to be incredibly galvanising, melting away ideological and political differences. Whereas Aasia Bibi, suicide attacks, the assassinations of Salmaan Taseer and Shahbaz Bhatti, Balochistan and Mukhtaran Mai do just the opposite by making the fault lines more pronounced and hence resulting in two camps, completely mismatched in numeric strength. There is an unmistakable method to this madness.

Mukhtaran Mai’s ordeal only becomes interesting when the role of the insidious NGOs, being funded by ‘foreign finances’ to corrupt the moral fabric of our society, is under consideration. Other than this particular aspect, the gang rape is just an ordinary, commonplace gang rape. The alleged perpetrators are local thugs, clearly identifiable and the crime is mundane. The gang rape is almost placid and unremarkable. It lacks the mystique and grandeur of Dr Siddiqui’s tribulation. Dr Siddiqui’s conviction is an affront to our national integrity, an insult to every Muslim; in short, it is war on Islam itself. The adversary in Dr Siddiqui’s case is a monster of Biblical proportions, sordid and baleful, symbolising the final frontier in the battle between truth and falsehood. It is all the infidel forces combined, determined to torment a faithful daughter of Pakistan, a symbol of resistance against heathen tyranny. Dr Siddiqui’s trial is cathartic, reassuring us that the misery surrounding us is not our own devise. The fact that Dr Siddiqui is an American citizen who was wandering in Afghanistan without an adequate reason and who has been incriminated in WikiLeaks cables is to be ignored.

Mukhtaran Mai’s case has no such therapeutic escape. It compels us to be introspective about the causes of our abysmal societal failures. More frighteningly, the origins are domestic, with no defence of a Hindu-Zionist conspiracy to relieve our culpability. The debacle leads us to inquire about the reasons for such wanton decadence, the authority and the role of jirgas who pass such atrocious judgements, the apathy of those who witness, the criminal justice system and numerous other similar dreary reasons. It also risks that someone in their naivety may even delve into general misogyny in our society. To the irreverent, the rationale for equating the testimony of two female witnesses with one male witness in certain financial matters might not be obvious. Some may even have the audacity to question the ineligibility of a woman to be a caliph or the requirement of four male pious witnesses for the awarding of Hadd punishment for rape. It would result in a complete breakdown of established social order. Additionally, the introspection seeks to apportion the blame on ourselves. We may find that the agents of the barbarism are not grotesque, far away, abstract entities conspiring against the integrity of Pakistan and the glory of Islam; they are venal, incurably violent and indigenous.

Drone attacks and Osama bin Laden’s killing can be condemned unequivocally, with theatrical despair, as attacks on the sovereignty of Pakistan by a foreign, evil country. The condemnation does not risk being particular. It comforts us by reinforcing our status as a victim. The permission granted for the drones to take off from Pakistan is irrelevant. Suicide attacks are distinctly more complicated. They cannot be denounced without careful clawback phrases, which also seek to sympathise with the suicide bombers, cast suspicion on Blackwater and deride America, India and the infidels generally. Criticising suicide attacks, without these precautions, risks acknowledging the role of our military establishment in nurturing these militants in the past, the presence of an ideology sanctioning this brutality and the existence of political apologists of this violence. Although honest, it is shamefully unpatriotic. In a similar vein, the turbulence in Balochistan should completely be attributed to India, America and, even, China. Osama bin Laden’s killing is to be condemned, yet our intelligence agencies and military should not be held responsible for their blatant complicity in harbouring terrorists. The murders committed by Raymond Davis are horrific and he should have been publicly stoned to death, whereas Mumtaz Qadri needs to be understood.

I agree that US imperialism is a major challenge and needs to be fought rationally and vigorously, yet it is no excuse for ignoring honest self-assessment. Raymond Davis should have been tried in Pakistan, not all drone attacks are justified and US interference in domestic matters should be condemned cogently, but that does not make terrorists heroes or victims. In Notes on Nationalism, George Orwell writes, “There is almost no kind of outrage — torture, which does not change its moral colour when it is committed by ‘our’ side.” Our politicians, and a certain segment of the media, very deliberately perpetuate this pathological culture of paranoia, exculpation and cowardice, exhibiting bogus bravado against distant enemies, while displaying craven ignorance at everything native. In Shakespeare’s Julius Caesar, Cassius says to Brutus, “The fault, dear Brutus, is not in our stars, but in ourselves, that we are underlings.”

Published in The Express Tribune, May 14th, 2011.]]>
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			<title>Was justice seen to be done?</title>
			<link>https://tribune.com.pk/story/159928/was-justice-seen-to-be-done</link>
			<comments>https://tribune.com.pk/story/159928/was-justice-seen-to-be-done#comments</comments>
			<pubDate>Sat, 30 Apr 11 22:11:05 +0500</pubDate>
			<dc:creator>
				<![CDATA[dr.tariq.rahman]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
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			<description>
				<![CDATA[In the case of the SC verdict on the Mukhtaran Mai case, even if justice was done, it does not seem to have been done.]]>
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				<![CDATA[There is a proverb: Justice should not only be done; it should also be seen to be done. In the case of the verdict of the Supreme Court on the Mukhtaran Mai case, even if justice was done, it does not seem to have been done. Let us elaborate upon this statement.

First, I said ‘even if’ because there are two points of view about the verdict. The first is that the verdict of the court was correct according to the law. If that is so, it means that the way our police prepare the documents of the case are so biased against a female victim that she does not really have a chance to receive justice.

The second view is that the judgement itself is wrong. After all, there was a dissenting judgement based on the same evidence produced before the court. In this context, Abira Ashfaq’s articles in this newspaper — “Deconstructing the SC’s Mukhtaran Mai’s Verdict” parts I and II (April 26 and 27) — are the most cogently argued writing on the subject that a layperson can understand. My article cannot hope to present this aspect of the case better than the learned author, but I do intend to present some other aspects of it.

First, although the facts of this case are well known to most readers, it is necessary to summarise them here.

Muktaran Mai, aged 30, had a brother called Shakoor, who fell in love with a girl, Salma, from the powerful Mastoi tribe. The Mastois avenged their dishonour by sodomising the boy — Mukhtaran says they raped him first and fabricated the story of the love affair later — and a village council (panchayat) was assembled to adjudicate the matter. The council decided that Shakoor should marry Salma while Abdul Khaliq (Salma’s brother) should marry Mukhtaran. The hotheads among the Mastois, however, wanted ‘an eye for an eye’ and raped her when she came to apologise for her brother’s conduct to the panchayat on June 22, 2002. She staggered out of the place where the rape took place in a semi-nude condition and her father took her home. However, on June 28 the village imam, Abdul Razzak, persuaded her family to register the case of gang rape against 14 men — four for the actual offence and ten for abetment of the crime. Her clothes, when examined, had stains of semen.

Now let us come to the opinion of the two judges, as contained in the judgement, who doubt Mukhtaran’s story on several counts: Why did she lodge the FIR so late? How could any medical evidence of rape remain for so long? Why was her body not carrying signs of violence? And the hypotheses advanced are as follows: That the FIR was to harm the Mastois who had slighted Mukhtaran, as Abdul Khaliq did not marry her after all; that Shakoor might have been lying — there is a controversy whether his age was 12 or 16 at that time — because he states that he was kept in the same house as Salma, which no honourable Mastoi could have tolerated. And, lastly, that Razzak instigated her family because he had a personal grudge against the Mastois.

First, the reason the FIR was not registered at once was because the Mastois were from a powerful (which does not necessarily mean rich) tribe, so it stands to reason that Mukhtaran’s family did not dare complain till their resolve were strengthened by the village priest. Indeed, it is a wonder that she did dare to stand up to the Mastois. Our women are so oppressed that most rapes go unregistered anyway. Secondly, since her clothes were soiled and torn they were kept as they were and that is why they carried semen on them. And, lastly, why is it unbelievable that Shakoor was kept in the same house as Salma? After all, he was a much-abused captive, so he was no threat to Mastoi women after his own ordeal. And, lastly, Mukhtaran is reported to have healed wounds on her body which means she did struggle against the rapists but since there were four of them and all men, there was no point in fighting them too much; so the injuries were superficial.

But the focus of my article is not the argument that two of the three judges were, in fact, wrong. It is possible that despite these apparent mistakes in judgement and the dissenting opinion of one judge, the judgement was legally correct. My point is that justice does not seem to be done. The message which comes out is that patriarchy is so powerful that women simply cannot get justice even if their case becomes a high profile one. Earlier, victims of rape, like Veena Hyat and Dr Shazia, did not get satisfactory verdicts either. What is at stake is the mindset, the world view, the ideology of patriarchy. This creates bias against women and makes it very difficult for them to report cases of sexual harassment, let alone rape. Hence, they have to pay for their men’s transgressions through forced marriages, slavery and abuse. The fact that panchayats can order these violations of human rights is never questioned; not even by the courts themselves, whose right to adjudicate in all matters such bodies usurp. Under these circumstances, Mukhtaran Mai stood up against patriarchy,  and for this she should have been respected. The court’s decision has, therefore, strengthened patriarchy and that is why justice does not seem to have been done.

Yet another aspect of the case worth commenting upon is that human rights activists are being insulted as ‘NGO walas’ and accused of having raked in pots of money in the guise of helping Mukhtaran Mai. Such allegations are beneath comment but they are bandied about so much that they make the people even more insensitive than they already are. What is still possible is for the Supreme Court to make amends by constituting a larger bench headed by the chief justice himself (it may have more dissenting judges);  by ordering the police to remove lacunas if that is possible now (which is doubtful); by sentencing the other accused to a ten-year jail sentence instead of releasing them; by studying the dissenting judgement for its merits. This is one case which can improve the image of Pakistan and tell the male-chauvinistic police that women can speak up against rape. As I said, to begin with, justice should seem to be done!

 

Published in The Express Tribune, May 1st, 2011.]]>
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			<title>Mukhtaran Mai and Jamshed Dasti</title>
			<link>https://tribune.com.pk/story/159188/mukhtaran-mai-and-jamshed-dasti</link>
			<comments>https://tribune.com.pk/story/159188/mukhtaran-mai-and-jamshed-dasti#comments</comments>
			<pubDate>Fri, 29 Apr 11 21:49:46 +0500</pubDate>
			<dc:creator>
				<![CDATA[Atika.rehman]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=159188</guid>
			<description>
				<![CDATA[Dasti has sent a clear message to women that they are going to be threatened, maligned and defeated if they are raped.]]>
			</description>
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				<![CDATA[If the ruling party gives even an iota of a damn about women’s rights in Pakistan, it must immediately disown from its ranks Jamshed Dasti, a member of the National Assembly.

If his fake degree was not enough for the party to let go of him, his threats to Mukhtaran Mai last year, demanding that she withdraw the rape allegations, should have been enough. Unfortunately, neither of these episodes elicited any substantial condemnation from his party.

Fortunately for the PPP, Dasti has presented yet another opportunity for action to be taken against him. On Hamid Mir’s “Capital Talk”, the member of parliament openly accused Mai of cashing in on the case and said she enjoyed the globetrotting opportunities the case presented to her. He went on to swear on the Holy Quran that he was certain no gang rape had taken place and that he was grateful the Supreme Court’s (SC) verdict had acquitted the “poor, innocent Mastoi men” who are the real maligned victims of this tragedy. As if this was not enough, he declared that the girls’ schools that Mai has started only cater to rich students.

His rant was punctuated by self-praise and the typical ‘what-about-Aafia?’ rhetoric. He not only believes that the SC verdict should be lauded, but is convinced that the number of people who are outraged by the apex court’s judgment is insignificant and small.

In the spirit of honesty and ministerial responsibility, Dasti and his party need to clarify some things. Perhaps he would do well to remember that the same court that declared his degree to be fake is the same one whose decision he is now lauding. Clearly, the irony in this is lost on this member of parliament.

On his show, Hamid Mir had also invited Mai to speak to those present via a telephone link. As her voice quivered with (to my surprise) anger instead of fear, the brave woman challenged Dasti to give proof of his ‘concrete belief’ that there had been no gang rape. Was he there when it happened, she asked him, and then asked the pertinent question: “Allah na karey, iss ki apni beti keh saath yeh hota to Jamshed Dasti sahab kya kehtay?”

It is unfortunate that a victim who has awaited justice for years is now being blackmailed and subjected to emotional torture by a parliamentarian.

The government, in particular the ruling PPP, must condemn this behaviour and reasses its stance on women’s empowerment specifically, and on human rights in general. How can they allow a person from their party to paint the men involved as victims, and worse, make Mai the villain?

In an effort to belittle her efforts, Dasti has, once again, sent a clear message to the women of this country that they are going to be threatened, maligned and defeated if they are raped.

Is the PPP watching?

Published in The Express Tribune, April 30th, 2011.]]>
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			<title>All rather disgusting</title>
			<link>https://tribune.com.pk/story/159186/all-rather-disgusting</link>
			<comments>https://tribune.com.pk/story/159186/all-rather-disgusting#comments</comments>
			<pubDate>Fri, 29 Apr 11 21:49:29 +0500</pubDate>
			<dc:creator>
				<![CDATA[amina.jilani]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=159186</guid>
			<description>
				<![CDATA[Disgust at everything thrown up by those that move and shake politics and policies has bloomed and blossomed.]]>
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				<![CDATA[Last week, the proud defence forces of the Islamic Republic test fired an umpteenth N-capable ballistic missile, something called Hatf-IX, meant to scare the wits out of India — yet another ‘major achievement’ of the mighty military to which this civilian government has no answers.

But then, it has no path. It is subservient to the man installed by the US, in its own national interest, on a three-year extension of service, and to the machine he commands. Our Indian fixation never abates just like our focus on using scarce resources (fished out of the perennial begging bowl) to educate the country’s children or to combat our burgeoning home-grown extremists. Rather than do anything that might better the lot of the people, nuclear Pakistan is racing to get into the top five of the world’s nuclear arsenal possessors and is busy blocking all UN efforts to negotiate an international treaty banning nuclear weapons fuel production.

So be it, but over the past week or so, disgust at everything thrown up by those that move and shake politics and policies has bloomed and blossomed. The current national hero (which keeps changing as circumstances dictate), the Supreme Court of Pakistan, has somewhat shown its colours. One must wonder seriously at the difference in its mindset and in that of the awful senator Mir Israrullah Zehri, given a cabinet portfolio (why only Asif Zardari knows). Zehri is on record in the Senate as having upheld the burial alive of at least two women of Balochistan in the name of honour and for saying that this was a ‘centuries- old tradition’ which must not be disturbed.

The Supreme Court, admittedly, has not yet got round to live burials, but in the matter of rape, it does seem to have a blinkered view of women and their place in the scheme of things pertaining to the Islamic Republic. The judgement handed down in the Mukhtaran Mai case smacks of ancient traditions when it comes to assessing raped women. As remarked The Washington Post, “The court’s ruling showed a keen understanding of traditional village mores, including the ‘extreme sensitivity’ of premarital chastity... justices in the 2 to 1 majority decision expressed little sympathy for Mai … In contrast, the judges referred often to the ‘presumed innocence’ of the defendants ... ”.

Yet another blot on the ‘image’ so zealously projected and protected of the republic that is Pakistan. Between the blasphemy laws (now fearfully forgotten) and the law as it pertains to rape, the ‘image’ can only invoke disgust.

On April 25, a horrific incident took place near Sibi, in the heart of Balochistan, when unknown dissidents cruelly set fire to a bus and burnt alive over 15 people, the majority of whom were women and children. Has the government uttered? On April 26 and 28, the Tehreek-i-Taliban Pakistan went on a rampage in Karachi, attacking buses of the Pakistan Navy, killing and maiming. Schools are regularly blown up in what is now Khyber-Pakhtunkhwa. Yet last week, our army chief informed us and the Kakul cadets that the army had successfully broken the back of the militants amongst us.

Anatol Lieven, writing in Foreign Policy magazine on April 22 on “why Pakistan is so difficult to work with” and discussing the AfPak attitude towards terrorism, struck a little chord of welcome gallows-humour: “… they are basically at one when it comes to preventing international terrorism against the West. This is in part because the Pakistani elite shop in the West, send their children to study in the West and to a large extent actually live in the West. On any given day, a bomb in Harrods in London would be very likely to claim a Pakistani elite family among its victims.”

Published in The Express Tribune, April 30th, 2011.]]>
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			<title>Mukhtaran Mai's review appeal: Activists cry for justice</title>
			<link>https://tribune.com.pk/story/158722/mukhtaran-mais-review-appeal-activists-cry-for-justice</link>
			<comments>https://tribune.com.pk/story/158722/mukhtaran-mais-review-appeal-activists-cry-for-justice#comments</comments>
			<pubDate>Fri, 29 Apr 11 05:06:44 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=158722</guid>
			<description>
				<![CDATA[IHI members demand review of the Mukhtaran Mai case.]]>
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				<![CDATA[The civil society and rights activists have urged the government to file a review petition in the Supreme Court regarding the Mukhtaran Mai case. They also called for formation of a larger or full bench of the apex court to hear the case. The activists’ demanded removal of flaws in the justice system and abolition of black laws including amendments to the law of evidence.


“If the apex court failed to do justice to the rape victim, it will be a major setback not only to the independent judiciary but also to civil rights campaigners”, they said.

Addressing a press conference at a local hotel on Wednesday, members of Insani Haqooq Itehad (IHI), a conglomerate of over a dozen civil society and women rights organizations, said the split judgment of two vs one shows that the Supreme Court ruling is not merely a matter of technicalities of evidence and witnesses. The dissenting judge of the bench, Justice Nasirul Mulk recommended 10 years imprisonment to each of the five accused in the case.

“The judgement in this infamous case clearly shows that our criminal justice system is incapable of dispensing justice to victims of rape and sexual violence.”

They said the “[SC] judgment includes spurious arguments which raise questions on the objectivity of reading an interpretation of the evidence by judges. It highlights the serious flaws in legislation, as well as in our criminal justice system which is obviously not geared to dispense justice to women victims of sexual violence.”Derogatory language and unnecessary interrogation of rape victims by the opposite council is allowed, most of the members of the judiciary lack gender sensitivity and display their deeply ingrained patriarchal mindset”

Speaking on the occasion, Farzana Bari said before giving the judgment the judges should have consulted human rights activists and gender experts.Sarwar Bari of Pattan NGO said there are some media outlets that are running a campaign against Mukhtaran Mai and do not want her to get well deserving justice. Rehana Hashmi stated that gender bias has actually made the victim into a culprit, and neither has the government given Mai the protection promised by Interior Minister Rehman Malik.

They demanded of the government to file a review petition with the SC on behalf of women of the country. Review must ensure a full and larger bench to hear review petition, immediate initiation of judicial reforms and introduce amendment to the Evidence Act. Besides, the government should establish modern DNA and swab test laboratories along with strengthening the prosecution and investigation system. They demanded removing corruption, forgery and use of political influence in the police and judiciary. Also the two organisations should be purged of patriarchal biases by making it mandatory for judges and police officials to attend trainings on gender issues. Their gender performance should be linked to their assessments for promotion.They also demanded appointment of women judges who are known for their understanding and work on human rights issues.

TV channel anchors should avoid using wrong language for Mai in their shows along with defaming human/women right activists.”I have filed a defamation suite against Dunya TV on defaming me in one of its programmes hosted by Mubashir Luqman”, said Farzana Bari.

Published in The Express Tribune, April 29th, 2011.]]>
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			<title>Mukhtaran Mai’s village: Villagers welcome acquitted men</title>
			<link>https://tribune.com.pk/story/158887/mukhtaran-mai%e2%80%99s-village-villagers-welcome-acquitted-men</link>
			<comments>https://tribune.com.pk/story/158887/mukhtaran-mai%e2%80%99s-village-villagers-welcome-acquitted-men#comments</comments>
			<pubDate>Fri, 29 Apr 11 03:29:05 +0500</pubDate>
			<dc:creator>
				<![CDATA[arshad.shaheen]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=158887</guid>
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				<![CDATA[Jubilant villagers welcome the homecoming of those once accused of gang rape.]]>
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				<![CDATA[There were celebrations in Mukhataran Mai’s village on Thursday but not in support of the rape victim. Jubilant villagers welcomed the homecoming of those once accused of gang rape.


The acquitted men of the Mastoi clan returned to Moza Ram village, some 18 kilometres from here, after spending almost nine years in jail. Family and friends were ecstatic on the release and distributed traditional sweets in the area.

Mai, now 40, was gang raped in June 2002 in Meerwala town of Punjab as punishment after her younger brother was wrongly accused of having illicit relations with a woman from a rival clan. The boy was 12-years-old at the time.

The men accused by Mai said though they had been acquitted, they fear of being implicated in another fabricated case on the whims of Mai, who has become “a powerful and influential woman of international fame”.

Some journalists, who also sided with the Mastoi men, said the former accused had been trapped for vested interests, but the decision of the apex court had dismantled all “conspiracies.”

While some members of the family and the guests offered special prayers of thanks for the release, some old women cursed Mai for her “bad deeds”.

“Mai and some other selfish NGOs are openly committing contempt of court,” said Faiz Muhammad acquitted by the courts of the gang rape.

Faiz Muhammad Mastoi, Allah Ditta Mastoi, Muhammad Saleem and Faiz Baksh – among those released – said that God is their evidence and they did not commit such a crime. “What wrong have we and our poor children done to the organisations who claim to be the champions of human rights,” they said.

“We should complain about being pushed behind bars without any reason. Our women and children had to do without all the worldly needs.  Meanwhile, Mukhtaran Mai, who not only defamed Pakistan, but also our religion, Islam, became a millionaire,” Faiz Muhammad claimed.

Meanwhile, in a visit to Quetta, US Ambassador Cameron Munter expressed disappointment over the acquittal of the accused in Mukhtaran Mai’s gang rape case.

“The government should ensure the security of Mukhtaran Mai as the Supreme Court said that violating the sanctity and chastity of a woman is a sordid , despicable and squalid act which is considered abhorrent in any civilised society” Munter said in a statement issued by the US embassy.

“I admire her courage for speaking up about the crime,” he said.

Munter also appreciated Mai’s commitment to her work, inspiring and educating Pakistani women about their fundamental rights.

The US ambassador also earlier called on the Speaker of the Balochistan Assembly, Muhammad Aslam Bhotani in Quetta. The leaders of the parliamentary parties in the Balochistan Assembly were also present on the occasion. Various matters including the political situation of Balochistan came under discussion during the meeting.

Published in The Express Tribune, April 29th, 2011.]]>
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			<title>Mukhtaran Mai — down but not out</title>
			<link>https://tribune.com.pk/story/158538/mukhtaran-mai-%e2%80%94-down-but-not-out</link>
			<comments>https://tribune.com.pk/story/158538/mukhtaran-mai-%e2%80%94-down-but-not-out#comments</comments>
			<pubDate>Thu, 28 Apr 11 18:28:39 +0500</pubDate>
			<dc:creator>
				<![CDATA[miranda.husain]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=158538</guid>
			<description>
				<![CDATA[Mai’s decision to stay put and set up schools for local girls served to challenge stereotype of women as submissive.]]>
			</description>
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				<![CDATA[Many things have stuck in my mind since I first read In the Name of Honour, Mukhtaran Mai’s ghostwritten memoir. Though it is not, perhaps, politically correct or timely to say so, one of these things is the way in which she cast aspersions on the character of the woman with whom her brother was falsely accused first of having illicit relations, then of raping.

“Girls are supposed to keep their eyes modestly downcast, but Salma — she does whatever she wants. She is not afraid of being looked at, and she even makes sure that she is!” Mai goes on to say that she doubts Salma was a virgin, even though, as an unmarried woman she was supposed to be chaste. Her musings preceded the medical examination that would ultimately confirm that the young woman had first begun to be sexually active around three years prior to this and that her last encounter occurred some time before the date of her alleged rape by Mai’s 12-year-old brother.

Rightly or wrongly, I was slightly taken aback that Mai, who had herself been through so much — including hearing that many of the local women believed she had brought her 2002 panchayat-sponsored gang rape upon herself by not entering into a marriage-reconciliation deal with her attackers and should, therefore, commit suicide — would resort to such superficialities.

Yet this is nothing compared to the Supreme Court’s observation that Mai had no need to let social stigma delay her registering an FIR against her alleged attackers. She, after all, was a grown woman, a divorcee no less. Thus, she had less to lose than a young unmarried virgin.

Although the court has acquitted five of the six accused in this case, on the basis of insufficient evidence on the prosecution’s part, Mai is set to launch an appeal; fulfilling the pledge she made to herself back in 2002: “Before, I had lived in absolute submission; now my rebellion will be equally relentless.”

But the last nine years have been anything but easy.

“If I were educated, if I could read and write, everything would be so much easier,” she noted as she embarked on her long quest for legal justice. Indeed, Mai’s illiteracy highlights the nexus between education and at least the chance of accessing justice. Being unable to read or write left her, from the beginning, prey to those in power. Unable to understand the statements written on her behalf by the police, she was pressured to simply thumbprint documents. One was even totally blank. This is something that the court should have taken into consideration when questioning the apparent discrepancies in her recorded statements.

Even more shocking, at least to me, was how, during a meeting with Shaukat Aziz, the then prime minister, Mai was forced to have an interpreter as she could not understand spoken Urdu, the language of government. Yet the National Education Policy 2009 wants to see English become the de facto language of instruction, while some experts have called for first languages alone to be taught at the primary school level. Functional literacy, however, does not necessarily pertain exclusively to the written word.

Nevertheless, however trite it may seem to say so, her struggle over the last nine years has not been in vain.

Mai’s decision to stay put and set up schools for local girls has served to challenge the stereotype of women as submissive custodians of man-made notions of honour.

Yet equal credit for this must go to her father who has supported her all the way, “unlike certain fathers, who would not hesitate to sacrifice their son or daughter to protect themselves.” In this tale of Pakistani patriarchal society at its worst, Mukhtaran Mai’s father saw his honour linked not to his daughter’s enforced disgrace but to pursuing justice for her.

This alone makes him stand out as a role model — a man truly sincere in championing the rights of women.

Published in The Express Tribune, April 29th, 2011.]]>
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			<title>Mukhtaran Mai case: Munter expresses disappointment over verdict</title>
			<link>https://tribune.com.pk/story/158483/mukhtaran-mai-case-munter-expresses-disappointment-over-verdict</link>
			<comments>https://tribune.com.pk/story/158483/mukhtaran-mai-case-munter-expresses-disappointment-over-verdict#comments</comments>
			<pubDate>Thu, 28 Apr 11 13:45:25 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=158483</guid>
			<description>
				<![CDATA[&quot;The government should ensure the security of Mukhtaran Mai...violating the sanctity of a woman is a sordid act.&quot;]]>
			</description>
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				<![CDATA[US ambassador Cameron Munter on Thursday expressed disappointment over the acquittal of the accused in Mukhtaran Mai's gang rape case.

"The government should ensure the security of Mukhtaran Mai as the Supreme Court said that violating the sanctity and chastity of a woman is a sordid , despicable and squalid act which is considered abhorrent in any civilized society" Munter said in a statement issued by the US embassy.

"I admire her courage for speaking up about the crime."

Munter also appreciated Mai's commitment to her work, inspiring and educating Pakistani women about their fundamental rights.

Visit to Balochistan 

The American Ambassador also earlier called on the Speaker of the Balochistan Assembly, Muhammad Aslam Bhotani in Quetta. The leaders of the parliamentary parties in the Balochistan Assembly were also present on the occasion. Various matters including the political situation of Balochistan came under discussion during the meeting.

Speaking to the media, Munter said the US will provide funds for the improvement of health and education in Balochistan.

This is a maiden visit of Munter to Quetta after his appointment as US ambassador in Pakistan. He is expected to meet government officials and political leaders during his stay in Quetta.]]>
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			<title>Rapists have rights — in Pakistan</title>
			<link>https://tribune.com.pk/story/157815/rapists-have-rights-%e2%80%94-in-pakistan</link>
			<comments>https://tribune.com.pk/story/157815/rapists-have-rights-%e2%80%94-in-pakistan#comments</comments>
			<pubDate>Wed, 27 Apr 11 16:56:01 +0500</pubDate>
			<dc:creator>
				<![CDATA[sami.shah]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=157815</guid>
			<description>
				<![CDATA[Know also that your right to rape is suppor­ted by our legal and judici­al system.]]>
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				<![CDATA[Mubashir Lucman hates rape victims. He can’t stand them, exhausted as he is by their constant suffering and seeking of justice and maligning of innocent rapists. It just makes him sick to his stomach. If you are a rape victim and you are on Facebook, he will never ‘like’ anything you say. Unless you say that you like rapists. Then he will click the ‘like’ button with such force that the mouse will explode under the power of his thumb, spewing shrapnel everywhere and risking him getting shards of hard plastic in his eyes. These are the sacrifices Mubashir Lucman makes for you. It is for the sake of every maligned rapist out there that Mubashir Lucman risks high ratings, the endorsement of a TV channel that doesn’t believe in content-oversight and the benefit of advertisers, who proudly proclaims its support of his pro-rapist message, all so he can bravely criticise a gang rape victim.

Mubashir Lucman heroically risks the ire of anti-rape extremists by asking Mukhtaran Mai whether she feels any pity for the men who raped her and paraded her naked down the streets. He boldly draws a line in the sand with his words, clearly marking out the borders to a safe haven for rapists. Such is the passion of Mubashir Lucman.

Know also that your right to free rape is supported by our legal and judicial system. The same courts that can be relied upon to completely unlearn the meaning of the word ‘evidence’ in every blasphemy case that happens across their doorstep will look so closely at every detail of a rape case that their vision will get blurred. To ensure that all rapists are given a trial that is freer and fairer than anything the raped can hope for, the courts will be stocked to the misogynistic rafters with judges that believe the raped are just feeling unfairly rejected by their honourable rapists and that any mental distress felt, particularly after a gang rape, by the ‘victim’ should be ignored. If you were raped, it seems that certain judges are saying that you are then probably exaggerating, lying or simply asking for it. Either way, you will find no shelter in the system that ostensibly seeks to dispense justice in this country. ‘Caveat Raped’ as the Latin saying never went. These gavels were made for crushing your hopes of a Pakistan in which the rapist would fear reprisal.

Rapists can also continue committing their acts of rape knowing that there is no political party that will ever try to curtail their rights. The same flocks of ideologically-charged protesters who will burn your friend’s restaurant if you state an asinine opinion, or threaten to block the streets if the drones your government and army gave permission to fly over your territory continue to fly over your territory, will not lift a single placard in defence of someone gang-raped. Their love for female honour and virtue, it seems, is only enough to focus on a single woman at a time and that time is entirely taken up by the woman your intelligence agency handed over to America. Not until that matter is resolved, the war on terror is ended, petrol prices are lowered and the several thousand other, far more important things that crop up on a near hourly basis are attended to, can they even consider freeing up their schedule enough to notice those who have been raped.

As for the religious organisations, just remember that these groups hold a woman’s honour as an utmost priority until that honour is violated against her will. It somehow stops being worth the time after that.

So if you are a rapist, go forth and rape with impunity. Letting you is the least we could do. 

Published in The Express Tribune, April 28th, 2011.

Correction: April 28, 2011

 This article has been edited from the version that appeared in the print edition on April 28, 2011.]]>
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			<title>Mukhtaran Mai case : Verdict was judges’ failure, says human rights organisation</title>
			<link>https://tribune.com.pk/story/157313/mukhtaran-mai-case-verdict-was-judges%e2%80%99-failure-says-human-rights-organisation</link>
			<comments>https://tribune.com.pk/story/157313/mukhtaran-mai-case-verdict-was-judges%e2%80%99-failure-says-human-rights-organisation#comments</comments>
			<pubDate>Tue, 26 Apr 11 21:39:32 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=157313</guid>
			<description>
				<![CDATA[War Against Rape and lawyers shed light on ‘procedural flaws’.]]>
			</description>
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				<![CDATA[The Supreme Court’s verdict in the Mukhtaran Mai case was scrutinised on Tuesday as human rights organisations criticised the “loopholes in the judgment” at a meeting held at the Karachi Press Club. They claimed that after stretching out the case for so long, the courts should have arrived at a more informed decision.


War Against Rape director Sarah Zaman said that the legal outcome of the case was shocking but not entirely unexpected. Even though the case had generated an unprecedented level of interest, nationally and internationally, the outcome was “typical in a long list of rape cases”.

Going through past cases, she cited a number of factors which set the stage for the verdict. “The police are biased, the forensics department is poor and above all there are a number of presumptions which affect such cases.” A delay in filing the FIR points towards “preconceived intent”.

She produced a list of “procedural flaws” - many of which were seen this case as well - that make justice in such cases difficult to attain.

“Legally, when such cases are taken to court there is a lot of interest in the past sexual history of the victim to see if they are telling the truth,” she said, quoting Qanun-e-Shahadat, Article 151.

Supreme Court Senior Advocate Iqbal Haider said that the court had not been able to conclude that Mukhtaran Mai had been raped beyond reasonable doubt. He talked about how the assault on Mukhtaran’s brother — the root of the entire issue — was also questioned. The court wondered why the boy did not go to the police after he was assaulted. “There is enough evidence on record to suggest that the police did not register her (brother’s) case of sodomy due to pressure from the tribal head, Faiz Mastoi,” he said vehemently.

“The judges are demanding evidence, but the biggest evidence is the woman herself,” the advocate quipped.

Sindh High Court advocate Faisal Siddiqi reiterated the same arguments and used the judgment in a 1993 gang rape case as an example. In that case, the woman’s statement was given precedence as there was no other evidence to support it. Addressing the numerous questions about the absence of bruises on Mukhtaran’s body after the incident, he informed the gathering that “not all women put up a resistance during the trauma of rape, most are too shocked to do anything.” Siddiqi dubbed the verdict a “bad judgment” and said that the psychological implications of such judgments are worse.

The majority of Siddiqi’s cases are gang rape survivors, and he claimed that the judgement had set a bad precedent for others - two survivors in a similar situation had already backed out of their hearings. They said that if Mukhtaran Mai could not win, they didn’t stand a chance. “The judges’ queries have collectively implied that Mukhtaran Mai is lying. With all due respect, this verdict reflects on the failure of the two judges and not of criminal justice as such,” he added.

In the middle of the press conference, they made a call to Mukhtaran Mai herself. Despite being “completely let down by the judiciary” she promised to keep fighting for justice.

Published in The Express Tribune, April 27th, 2011.]]>
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			<title>A major blow to curbing violence against women</title>
			<link>https://tribune.com.pk/story/157063/a-major-blow-to-curbing-violence-against-women</link>
			<comments>https://tribune.com.pk/story/157063/a-major-blow-to-curbing-violence-against-women#comments</comments>
			<pubDate>Tue, 26 Apr 11 18:03:37 +0500</pubDate>
			<dc:creator>
				<![CDATA[syed.muhammad.ali]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=157063</guid>
			<description>
				<![CDATA[Perpetrators of crimes against women will become even more confident of getting away without due punishment.]]>
			</description>
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				<![CDATA[The Supreme Court’s (SC) acquittal of men who gang-raped Mukhtaran Mai some nine years ago has not only caused heartfelt dejection for many, but it can have serious broader implications. It is feared that such a decision will only add to the existing on-ground difficulties faced by rape and other gender violence victims in our country. It is also not unreasonable to suspect that perpetrators of crimes against women will become even more confident of getting away without due punishment.

Mukhtaran Mai’s case drew international outrage after she was gang-raped in 2002 — on orders of a village panchayat — after her younger brother, who at that time was only 12 years old, was alleged to have had relations with a woman from a powerful rival clan. Mukhtaran Mai did not succumb to the pressures of remaining silent and for the last nine years has chosen to fight for her right to justice. Under the glare of public attention, prominent politicians of the country rushed to express their support for Mukhtaran Mai, and their indignation against what had happened to her.

While the panchayat that decided that Mukhtaran Mai be raped was not punished, in 2002, the Anti-terrorism Court (ATC) in Dera Ghazi Khan convicted six of the 14 men accused by Mukhtaran of raping her, while acquitting eight of them. The conviction was challenged in a review petition before the Lahore High Court (LHC), which acquitted another five of the six men that the ATC had convicted. After lengthy legal proceedings spanning over a three year period, the Supreme Court bench has upheld the earlier LHC decision. Thus, now only one person is serving a lifetime sentence for the crime perpetrated against Mukhtaran Mai. Insufficient police investigation and a delay in registering a case with the police form the basis for the acquittal of the other accused persons.

Mukhtaran Mai says that her life is probably in danger after the SC’s acquittal, yet she remains adamant to continue running her school and other projects in her village.

On the one hand, the interior ministry has stated that it will provide protection to Mukhtaran Mai, but on the other hand, the deputy speaker of the National Assembly prevented a discussion on the verdict, citing rules barring the assembly to debate the conduct of the apex courts.

Many civil society entities have vowed to pressure the government to seek a review of this court verdict. It is simultaneously vital for these civil society organisations to turn their attention back to the small village and its surrounding areas where Mukhtaran Mai is from, to not only help her continue her ongoing efforts, but to use their public awareness campaigns to alter local community perceptions regarding Mukhtaran Mai, so that she can lead a respectful life within her home environment, without being ostracised or maligned by the local influentials, against whom she dared to raise her voice.

Published in The Express Tribune, April 27th, 2011.]]>
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			<title>Deconstructing the SC’s Mukhtaran Mai verdict — II</title>
			<link>https://tribune.com.pk/story/157062/deconstructing-the-sc%e2%80%99s-mukhtaran-mai-verdict-%e2%80%94-ii</link>
			<comments>https://tribune.com.pk/story/157062/deconstructing-the-sc%e2%80%99s-mukhtaran-mai-verdict-%e2%80%94-ii#comments</comments>
			<pubDate>Tue, 26 Apr 11 17:43:43 +0500</pubDate>
			<dc:creator>
				<![CDATA[abira.ashfaq]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=157062</guid>
			<description>
				<![CDATA[Courts are permitted to set aside acquittals if these are based on arbitrary and speculative findings.]]>
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				<![CDATA[4. They didn’t rape her when she came to rescue her brother: Justice Saqib Nisar casts further doubt on the prosecution’s case by saying that when Mukhtaran Mai went to inquire about her brother, the alleged rapists had the chance to rape her, but didn’t.

“If the intention of the Mastois was to take badla… Mukhtaran Mai etc had gone to the house of Khaliq, without the company and protection of their men folk; this was a good opportunity for Khaliq or, for that matter, any other male of the family to settle the score, but no harm was caused to anyone.” (Judgement 25-26)

This boils down to the following — if a person is a rapist, they would just take the first opportunity to rape the victim. It trivialises how rape is used to assert power and control and is not about lust. The opinion is unfounded and unsupported by current knowledge on rape as a crime of power and violence.

Courts are permitted to set aside acquittals if these are based on arbitrary and speculative findings.

5. They didn’t file the FIR right away and this shows they are lying: Counsel for Mukhtaran, Mr Aitzaz Ahsan, argued that there was a good reason for the delay in filing the FIR and negative inferences cannot be drawn against the prosecution on this account. However, Justice Nisar stated: “The delay in each case has to be explained in a plausible manner and should be assessed by the court on its own merits; in a case of an unmarried virgin victim of a young age, whose future may get stigmatised, if such a disclosure is made, time is taken by the family to ponder over the matter. That situation cannot be held at par with a grownup lady, who is a divorcee for the last many years; the element of delaying the matter to avoid badnami may also be not relevant in this case because the incident according to the prosecution’s own stance was known to a large number of people and there was no point in keeping it a secret from everyone.” (Judgement 36-37)

The dissenting opinion seems more reasoned and states, “Delay in rape cases is a universal phenomenon and can be brushed aside…” (Judgement (Dissent) 62)

He further says that in fact, given the social disparities between the Mastois and the victim’s family, such delay was completely understandable — they were under fear of reprisal.

“A victim is deterred by the embarrassment and humiliation she would have to suffer in narrating the incident to strangers, more so to the police recording the FIR, followed by probes during investigation into matters personal to her…”

6. Doubting her testimony on her state of undress after the incident: The court cites the inconsistency in her statements as to whether her shalwar was given to her in the room or thrown at her, without any contemplation on the context — that this is someone who has just been a victim of the most heinous crime: A gang rape.

“About the nudity aspect and the clothes and how allegedly those were thrown, the learned high court has pointed out the inconsistencies in the statements of the witnesses and has again arrived at a factual conclusion, which to our mind does not suffer from any factual or legal vice.” (Judgement 35)

7. The court finds she was not injured and there is no corroboration: The court also found that this case cannot be built on her testimony alone without corroboration and DNA tests, even though counsel for Mukhtaran gave ample legal support for how a victim’s testimony alone is sufficient for a rape conviction.

It was found that medical evidence “in the required quality” was missing. “The absence of injuries and marks on the body of a prosecutrix should not be the only factor to disbelieve her version in an ordinary rape case, but where a woman has been forcibly raped for full one hour, by four young individuals on the bare floor, it is not expected that she would not struggle and in the course would sustain no marks or injury.” (Judgement 42)

In fact the dissenting judge, Justice Nasirul Mulk, states quite the opposite: “When medically examined eight days after the incident, the doctor found healed bruises on the complainant’s buttocks and back. The locale of the bruises indicates physical struggle by the complainant and there healed condition coincide roughly with the timing of the incident.” (Judgement (Dissent) 71)

Regardless, a rape case can be proved beyond a reasonable doubt based on testimony alone. Here, there was Mukhtaran’s testimony, corroborated by medical evidence and witnesses. What more do you need?

8. The catch-22: Ensuring convictions, opposing degrading punishments: Dubiously, this case was tried in the Anti-terrorism Court (ATC) that offers speedy trials and not ‘fair’ ones. In about two months, the court had tried and convicted six of the defendants. On appeal before the Supreme Court (SC), both sides did not contest the jurisdiction of the ATC and it was thus a non-issue, even for the SC, despite the fact that there were questions about whether the incident created ‘terror’, as defined by the law.

Human rights activists have also been ambivalent when it comes to the death penalty. The Human Rights Commission of Pakistan has published a report that claims that the death penalty in Pakistan is applied unfairly and indiscriminately, and there are gross miscarriages of justice (“Slow March to the Gallows.”) Regardless of the heinousness of the crime, practically no criminal justice system can ever ensure that the death penalty will be applied uniformly and consistently in all cases. Its application is necessarily prejudicial to people of low socio-economic backgrounds.

As activists and human rights lawyers, we are in a catch-22 — pushing for a rape conviction when inevitably, under the Hudood Ordinance, it would carry a death sentence. Many common law countries carry a maximum life sentence for such crimes, and sentences between two years to life should be sufficient. Also, hard labour in jail and corporal punishment may seem just in a superficial and dramatic kind of way, but these are inconsistent with a society trying to align itself with principles of human rights.

Allowing the appeals of five of the rapists in such a high profile and uncontroverted rape case does not bode well for the future of criminal justice administration in Pakistan and thoroughly delegitimises the higher judiciary. As concerned citizens, we should all be very worried — and should demand a reversal of this decision based on legitimate legal arguments — and balancing the victim’s needs with those of the defendants.

Published in The Express Tribune, April 27th, 2011.]]>
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			<title>Mukhtaran Mai: No country for wronged women</title>
			<link>https://tribune.com.pk/story/157176/mukhtaran-mai-no-country-for-wronged-women</link>
			<comments>https://tribune.com.pk/story/157176/mukhtaran-mai-no-country-for-wronged-women#comments</comments>
			<pubDate>Tue, 26 Apr 11 17:18:00 +0500</pubDate>
			<dc:creator>
				<![CDATA[amber.darr]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=157176</guid>
			<description>
				<![CDATA[Mukhtaran Mai seeking help, remaining steadfast in her demand for justice, and a divorcee — did not fit the mould.]]>
			</description>
			<content:encoded>
				<![CDATA[As a woman, I have no country. As a woman, my country is the whole world.

— Virginia Woolf

My most enduring image of Mukhtaran Mai is of her gazing out of the cover of her book In the Name of Honour. I remember staring at this picture, trying to understand who Mukhtaran Mai really was and why her mere mention drew such strong and opposing reactions. With its recent judgment in this matter, the Supreme Court (SC) of Pakistan, much to the dismay and disappointment of many thinking people, appears unmistakably to have joined the ranks of those who dismiss her as fake and a pawn in the hands of women’s rights groups.

To place the SC’s judgement in perspective, I made an effort to remind myself of her book. Whilst I remember being shocked, even moved to tears at the indescribable cruelty of the rape and her sheer helplessness in its aftermath, I remember equally that her narrative had failed to satisfy my curiosity about what or who it was that had transformed her from a simple, unexposed and underprivileged villager, to a woman who had the daring and indeed the knowledge to challenge and fight a deeply entrenched and all-pervasive patriarchal system.

I realise now that whilst my scepticism towards Mukhtaran Mai was academic and born out of curiosity, Justice Nisar’s misgivings about her and his apparent inability to fully comprehend either her or her milieu has resulted in the acquittal of her alleged assailants and has rendered her vulnerable to their revenge. However, so carefully buried is his view of Mukhtaran Mai in platitudes and legal precedents that it is not immediately evident. Only one passage in the judgement provides an interesting clue. Whilst discussing the prosecution’s assertion that the delay in lodging the FIR was due to fear of social repercussions, he states that the, “case of an unmarried virgin victim of a young age, whose future may be stigmatised... cannot be held at par with a grownup lady, who is a divorcee for the last many years”.

Does Justice Nisar, perhaps, believe that the self-respect, indeed morality, of a divorcee (or that of her family) is somehow of a lower order than that of a virgin? Or perhaps he believes divorce to be an added qualification, which should miraculously and immediately enable women to regain command of their senses, even if raped, and go directly from the scene of the crime to the police, lodge a coherent complaint, submit to invasive medical scrutiny — and do all this with the complete and cheerful support of their families.

If asked, Justice Nisar would undoubtedly say that he decided the case according to the evidence before him. This is not only a judge’s best defence, but also has more than a modicum of truth in it. What Justice Nisar would not say, however, is that in weighing up the evidence before him, he was guided by his stereotypical image of a good Pakistani woman and Mukhtaran Mai, in speaking out against the wrong done to her, in seeking help from all quarters to redress this wrong and remaining steadfast in her demand for justice — and in being a divorcee — did not fit the mould.

The real tragedy, however, is that Justice Nisar is not alone in his suspicion of such women. Many men, and unfortunately some women, believe that true virtue, indeed the well-being of the entire society, lies on the shoulders of a woman and, more importantly, in her ability to suffer every wrong in utter and submissive silence. And this means that while there will be many legal and technical arguments as Mukhtaran Mai’s case comes up for review before the SC, the actual arenas in which this case, or others like it in the future, may be won or lost are the hearts and minds of the ordinary men and women of Pakistan. Because it is not law alone that has defeated Mukhtaran Mai, it is the collective, colossal force of prejudice, chauvinism and insensitivity, which, unless vanquished, renders this country unfit to live for any woman who has, or may be, wronged.

Published in The Express Tribune, April 27th, 2011.]]>
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			<title>13 accused in Mukhtaran Mai case set free</title>
			<link>https://tribune.com.pk/story/157121/13-accused-in-mukhtaran-mai-case-set-free</link>
			<comments>https://tribune.com.pk/story/157121/13-accused-in-mukhtaran-mai-case-set-free#comments</comments>
			<pubDate>Tue, 26 Apr 11 16:02:26 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=157121</guid>
			<description>
				<![CDATA[The 13 accused in the Mukhtaran Mai gang rape case have been acquitted and released from jail.]]>
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				<![CDATA[The 13 accused in the Mukhtaran Mai gang rape case have been acquitted and released from Central Jail in Multan on Tuesday. 

The initial FIR in the case had been registered against 14 individuals who had been suspected of being involved in the rape of Mukhtaran Mai.

Mai, now 40, was gang raped in June 2002 on the orders of a village Panchayat as a punishment after her 12-year-old brother was wrongly accused of having illicit relations with a woman from a rival clan.

A local anti-terrorism court (ATC) had sentenced six accused men to death, but Lahore High Court acquitted five of them in March 2005, and commuted the sentence for the main accused, Abdul Khaliq, to life imprisonment.

The Lahore High Court has now freed all the accused except Abdul Khaliq who has been sentenced to life imprisonment.

The case was challenged in the Supreme Court which delivered a recent verdict to reinstate the Lahore High Court's original verdict.

The Supreme Court ordered the release of nine accused persons from the Mastoyi tribe and four other accused who had been held in the jail due to the resemblance of their names with the accused in the case.

Mai's legal counsel, Aitzaz Ahsan has said that he will challenge the Supreme Court's decision through a review petition.

He stated that the judgment is manifestly flawed and is not even based on the evidence available on the record.

The counsel said that the decision of the majority needs to be reviewed and recalled. “I have consulted with Mai, and we have decided that a petition seeking a review of the April 21 judgment will be filed soon,” he said.

Added security for Mukhtaran Mai

The government has promised security and legal assistance to Mai who says her life is under threat after the Supreme Court dismissed her appeal.

Interior Minister Rehman Malik told the National Assembly on Friday that the federal government will ask Punjab authorities to deploy provincial police for the security of Mai at her remote village in Muzaffargarh district.]]>
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			<title>Mukhtaran case: Judges misread evidence, says Aitzaz</title>
			<link>https://tribune.com.pk/story/156895/mukhtaran-case-judges-misread-evidence-says-aitzaz</link>
			<comments>https://tribune.com.pk/story/156895/mukhtaran-case-judges-misread-evidence-says-aitzaz#comments</comments>
			<pubDate>Tue, 26 Apr 11 03:03:14 +0500</pubDate>
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				<![CDATA[express]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=156895</guid>
			<description>
				<![CDATA[Mai's counsel says the SC judgment will be challenged soon.]]>
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				<![CDATA[Expressing disappointment over the Supreme Court’s judgment regarding Mukhtaran Mai’s gang-rape case, her counsel Aitzaz Ahsan has said that he will challenge the decision through a review petition.


In a press statement issued here on Monday, Aitzaz, who is also the former president of the Supreme Court Bar Association, said that he was deeply disappointed at the verdict of acquitting all but one of the accused in Mai’s case.

He stated that the judgment is manifestly flawed and is not even based on the evidence available on the record.

“In drawing their conclusions, the learned majority judges have disregarded cogent evidence and failed to notice actual material on the record and the facts proved thereby,” he said.

He said that the judges misread evidence and failed to take notice of the social backdrop and the context in which the horrendous crime was committed, reported and investigated.

The counsel said that the decision of the majority needs to be reviewed and recalled. “I have consulted with Mai, and we have decided that a petition seeking a review of the April 21 judgment will be filed soon,” he said.

He added that the petition will contain a full critique of the judgment.

Published in The Express Tribune, April 26th, 2011.]]>
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			<title>Deconstructing the SC’s Mukhtaran Mai verdict — I</title>
			<link>https://tribune.com.pk/story/156309/deconstructing-the-sc%e2%80%99s-mukhtaran-mai-verdict-%e2%80%94-i</link>
			<comments>https://tribune.com.pk/story/156309/deconstructing-the-sc%e2%80%99s-mukhtaran-mai-verdict-%e2%80%94-i#comments</comments>
			<pubDate>Mon, 25 Apr 11 18:15:16 +0500</pubDate>
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				<![CDATA[abira.ashfaq]]>
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			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=156309</guid>
			<description>
				<![CDATA[Human rights activists are rightfully outraged that the Supreme Court (SC) has upheld the acquittals of the accused.]]>
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				<![CDATA[Human rights activists are rightfully outraged that the Supreme Court (SC) has upheld the acquittals of the accused in Mukhtaran Mai’s case, except Abdul Khaliq (The State vs Abdul Khaliq, Criminal Appeals No.163 to 171 and S.M. Case No.5/2005, hereinafter referred to as “Judgement”).

The case offers an opportunity to frame ethical principles that balance the right of the criminal defendant with the rights of victims of crimes.

On August 31, 2002, the Anti-terrorism Court (ATC) found the six defendants guilty of several offences under the Hudood Ordinance and the Pakistan Penal Code. These included rape and aiding and abetting a rape. They were sentenced to imprisonment for life, a fine, six months rigorous imprisonment, given the death penalty and 30 stripes — the last two were subject to confirmation by the high court.

The Multan branch of the Lahore High Court (LHC) on March 3, 2005 accepted their appeals, except that of Abdul Khaliq.

There were eight other defendants who had participated in the panchayat that had ordered revenge on Mukhtaran Mai, and were charged for unlawful assembly. All eight were acquitted by the ATC.

The criminal justice system must balance the victim’s rights with those of criminal defendants, who have a right to a fair trial, the right to competent counsel, the right to exhaust appeals, the right to cross-examine the prosecution’s witnesses and be presumed innocent.

In this case, the clincher for the SC was that, unless there are grave and glaring errors of law and fact, a court will not disturb an acquittal even if a different conclusion could possibly be arrived on the evidence. In principle, this is a good stance. A defendant who has been subjected to the state’s gruelling apparatus — police, detention, prosecution — and is then acquitted is on moral high ground. Justice Saqib Nisar calls this acquittal a doubling of the presumption of innocence (Judgment 30).

Sadly though, it isn’t about reasonable minds differing on the interpretation of the facts. It isn’t even a technical acquittal, as the court of first instance, the ATC, found them guilty. An appellate court allowed their appeals. The LHC’s ‘acquittal’ was, as Aitzaz Ahsan (counsel for the complainant Mukhtaran Mai) argued, a misappraisal of evidence, speculative, arbitrary and based on inadmissible evidence. Under the Pakistan: Code of Criminal Procedure 1898, signed statements to the police may not be used to impeach a witness. However, this apparently contradicts the Qanoon-i-Shahadat, Sections 140 and 153.

Had the SC restored their convictions, they would be on solid legal ground. But they chose not to — a choice that comes as a blow to the rights of the victims of sexual violence. In a country where rape is under-reported and under-prosecuted, Mukhtaran Mai endured shame and stigma, and still valiantly sustained in her struggle to secure justice against rapists who were members of a socially more powerful group, the Mastois.

The SC decision, it can be said, perpetuates the status quo and allows the powerful to go unpunished.

1. Doubting the role of Abdul Razzak, the imam who helped file the complaint: Justice Saqib Nisar’s primary rationale in allowing the appeal and doubting the evidence is based on how he feels Abdul Razzak, an imam, masterminded the case and coerced Mukhtaran’s family to lodge a complaint. It is implied that the imam had a bone to pick with one of the accused (Judgement 30). This premise is refuted logically by the dissenting judge, Justice Nasirul Mulk, who states that Razzak was an imam and: “The Gujjars (Mukhtaran Mai’s tribe) were of a lower social status and… needed the intervention and support of men of some influence…” (Judgement (Dissent) 69).

2. Finding that the victim complained because she could not marry the rapist: On at least two occasions, Justice Saqib Nisar expresses his suspicion that Mukhtaran Mai lodged an FIR against the eight acquitted by the ATC on grounds that they participated in an unlawful assembly because she was slighted that the marriage arrangement, whereby she would marry the rapist (Abdul Khaliq), and her brother, Shakoor, would marry his sister, Salma (Nasim), fell through.

He says that when one of the accused, Khalil Ahmad, married Salma on June 26, 2002, she knew that the watta-satta had failed and this annoyed her (Judgment 23). He speculates that this was their motive in filing complaints against Khalil and several members of his family, as their role in the panchayat was marginal. “[It is] rather conspicuously strange, that the whole family of Khalil has been roped into the matter. It seems that on account of this marriage, the possibility of (watta-satta) marriage extinguished and the complainant felt betrayed and deceived.” (p.37)

To speculate that a rape victim has a desire to be married to her rapist and likening her to a scorned woman who has been rejected by an eligible groom is profoundly problematic. In fact, the more reasonable conclusion would be that whatever settlement the Gujjars may have been agreeing to was out of fear of violence from the other side, rather than an interest in marriage proposals.

3. Not believing that Shakoor was raped: It appears Justice Nisar also never believed Shakoor, Mukhtaran Mai’s brother, was raped by Salma’s brother and two accomplices. The judge speculated on the prosecution’s claim that after Shakoor refused to promise that he would not tell anyone about his own rape, he was detained in the rapists’ house where Salma (his supposed paramour) also resided; he said this was “incomprehensible” because that would be: “Endangering and putting at stake, the virtue, the sanctity and respect of a young unmarried sister. This is absolutely not done or conceivable in our rural society, where people are very sensitive about the chastity of their womenfolk, especially young and virgin.” (Judgement 25)

At no point does he assess that this is a young boy who has just been raped, kidnapped and falsely detained — a victim of a series of violent crimes. Instead, the judge sees him as an aggressor and a threat to a girl’s chastity. The judge also finds it unbelievable that Shakoor would not report his rape out of shame. This opinion is incompatible with current knowledge on the matter, and courts should elicit expert psychiatric testimony on this issue upon review of this SC decision. Rape victims deal with trauma in different ways, and the judge’s comments seem to perpetuate the myth that male rape victims do not suffer as much as females.

Again, it is speculative to assume that all people would readily report they were raped if it would secure their release. Much would depend on the victim’s age, social status, the physical and mental pain they may be suffering and the relative social standing of the perpetrators.

Published in The Express Tribune, April 26th, 2011.]]>
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			<title>Mai will appeal against SC decision</title>
			<link>https://tribune.com.pk/story/156137/mai-will-appeal-against-sc-decision</link>
			<comments>https://tribune.com.pk/story/156137/mai-will-appeal-against-sc-decision#comments</comments>
			<pubDate>Mon, 25 Apr 11 02:56:15 +0500</pubDate>
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				<![CDATA[afp]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=156137</guid>
			<description>
				<![CDATA[Mukhtaran Mai says she will challenge the Supreme Court decision to dismiss her appeal.]]>
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				<![CDATA[Rape victim Mukhtaran Mai said on Sunday that she would challenge the Supreme Court decision to dismiss her appeal against the early release of five men convicted of abusing her.


“I have decided, after consulting my friends and family, to file a review petition in the Supreme Court,” 40-year-old Mai told AFP at her home in Meerwala, 120 kilometres south-west of Multan.

Mukhtaran Mai, now 40, was gang raped in June 2002 on the orders of a village Panchayat as a punishment after her 12-year-old brother was wrongly accused of having illicit relations with a woman from a rival clan.

The court last week dismissed Mai’s appeal against the acquittal of five men she accused of attacking her.

A local anti-terrorism court (ATC) had sentenced six accused men to death, but Lahore High Court acquitted five of them in March 2005, and commuted the sentence for the main accused, Abdul Khaliq, to life imprisonment.

The Supreme Court heard separate appeals and ordered the release of five of those arrested, upholding only the life sentence given to Khaliq.

Mai’s case garnered much attention in the West as an example of oppression suffered by Pakistan’s women.

Human Rights Watch on Friday called on Pakistan’s government to petition the court to review the case and asked authorities to protect Mai.

Published in The Express Tribune, April 25th, 2011.

Correction: April 25

Due to an editing error, an earlier version of this article used 'he', instead of 'she' to refer to Mukhtaran Mai. The error has been corrected.]]>
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			<title>Judiciary being blamed for poor investigation standards: CJ</title>
			<link>https://tribune.com.pk/story/155701/judiciary-being-blamed-for-poor-investigation-standards-cj</link>
			<comments>https://tribune.com.pk/story/155701/judiciary-being-blamed-for-poor-investigation-standards-cj#comments</comments>
			<pubDate>Sun, 24 Apr 11 11:42:22 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=155701</guid>
			<description>
				<![CDATA[Chief Justice says the judiciary cannot give a decision against any person where evidence is insufficient.]]>
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				<![CDATA[Chief Justice of Pakistan Iftikhar Muhammad Chaudhry said on Sunday that deteriorating investigation standards result in courts releasing individuals, for which the judiciary is later held responsible.

While addressing the concluding ceremony of the three-day judicial  conference in Islamabad, the Chief Justice said the judiciary cannot give a decision  against any person where evidence is insufficient.

His statements come after public uproar over the court's ruling to release five defendants and commute a sixth defendant’s death penalty to a life sentence in the controversial gang rape case of Mukhtaran Mai.

Chaudhry said the objective of the conference was aimed at improving the national  judicial policy.

Chaudhry also said some people have accused the judiciary of  interfering in the affairs of executives, however, the judiciary has constitutional powers to regulate the government machinery.

He added that justice was being delayed because of shortage of  staff in the judiciary. He also demanded the government remove discrepancies in salary  packages of judicial officers.]]>
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			<title>Mukhtaran Mai case: Why did this happen, cry outraged members of society</title>
			<link>https://tribune.com.pk/story/155371/mukhtaran-mai-case-why-did-this-happen-cry-outraged-members-of-society</link>
			<comments>https://tribune.com.pk/story/155371/mukhtaran-mai-case-why-did-this-happen-cry-outraged-members-of-society#comments</comments>
			<pubDate>Sat, 23 Apr 11 21:30:46 +0500</pubDate>
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				<![CDATA[cheree.franco]]>
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			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=155371</guid>
			<description>
				<![CDATA[‘Shame on the nation that allows its daughters to be raped publicly, repeatedly’.]]>
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				<![CDATA[Three days after the Supreme Court upheld the Lahore High Court’s verdict and released five defendants and commuted a sixth defendant’s death penalty to a life sentence in the Mukhtaran Mai rape case, the Pakistan Women’s Foundation for Peace (PWFP) organised a protest in front of the Karachi Press Club.


“We don’t think rapists should be free,” said Shameem Noorani, a member. “Mukhtaran has to live in that village. It’s unfair and it’s dangerous for her. Crimes against women are increasing, and this sets a bad precedent. Women will feel more stigmatized, they will report crimes even less often.”

Saturday’s impromptu protest was planned at Friday’s PWFP meeting and was advertised via social networking and text messages. By 3pm, only about a dozen women and a handful of men had gathered, representing organisations such as the foundation, Citizens for Democracy and National Students Federation. They positioned themselves under the watery red shadow of a makeshift awning, while waving homemade flags and clutching hastily marked signs. One of them read, “Shame on the nation that allows its daughters to be raped publicly, repeatedly.”

At first the group chants of “Give her justice, give her justice,” were drowned out by passing traffic. But as the group swelled in numbers and diversity, their demands grew more aggressive and more hypnotic. There were dupattas where there had been none. A teenage boy in a black t-shirt, cargo pants and velcro sandals held up a sign from the front row. Every time he opened his mouth, he flashed silver braces. In particular, a large man’s booming voice rang above the roar of non-muffled engines. In about an hour, the group had grown to nearly 40.

And they were angry.

The protesters were outraged on behalf of Mukhtaran, but also on behalf of her young brother, who claims he was sodomized by the accused rapists. It’s a crucial detail in the case - her brother’s refusal to keep the abuse secret is why Mukhtaran believes she was targeted. And it’s a detail that has been all but buried in nine years of legislation and a media barrage focused almost exclusively on women’s rights. One activist spoke loudly and vociferously against the abuse, referring to the fact that what happened to Mukhtaran’s brother was not treated as a crime.

The conversation quickly grew heated.

“Where did this question today arise from?” asked Nuzhat Kidvai, a PWFP member, wagging her finger. “We want an explanation, not just for Mukhtaran but for this boy. What started it all?”

The focus briefly shifted, as a woman in a blue and white dupatta pushed her way to the front of the group. Sakina is just past middle aged, with permanent lines etched between her bushy eyebrows. Teary eyed, she faced the photographers, hiding her face behind a newspaper. She has been protesting in front of the press club daily for 10 months because she claims feudal lords took her land. After a few moments, she was ushered aside by the other protesters, and quietly returned to her blanket on the sidewalk.

As protesters gave news statements, they sounded like a record on repeat. Over and over again, bewildered activists uttered the phrase: “Why? We want to know why!”

Naushaba Burney, an 81-year-old teacher at Darus Salam school, a retired journalist, and the vice president of PWFP, took her place among the younger protesters, as sweat plastered locks of hair to her face. “We are shocked beyond measure at the injustice that has allowed Mukhtaran’s rapists to go scot-free. The whole village witnessed this act, but the police ruined everything,” she said. “You can’t blame the court for the judgment they made based on the evidence that was presented. The truth wasn’t there.”

Mohammed Naqvi followed Mukhtaran for four and a half years, from a month after her rape until late 2006. He watched her build community schools with her court settlements that are now educating over 1,200 children, including the relatives of some of her accused rapists. He was one of the first men to join the protest.

“Mukhtaran is a personal hero of mine,” he said. “A lot of us had general optimism for our country because of Mukhtaran. Having her fight snatched away like this is really heartbreaking, for victims of violence all over the world. When I spoke to her this morning, she said, ‘I’ve been made a fool for the last five years. Is there any court in this world that will give justice?’”

According to Naqvi, Mukhtaran’s  hopelessness stems from the idea that women are not only marginalised in rural areas and tribal courts, but also in urban courthouses with educated lawyers and judges. “They held high tribal positions,” said Burney, referring to the accused rapists. “Mukhtaran’s a good woman, and she had no voice.”

Salman Javaid, a clean-shaven man in his twenties, quietly hung back from the other protesters. He seemed to have come alone, but he said he felt extreme empathy for Mukhtaran and the countless other women in her situation.

“There were 200 people there who actually witnessed this event. Mukhtaran was taken around the village naked, it was there for all to see,” he said. “Women are 50 per cent of our population and they are not represented in society and institutions. Life for a woman is tough in Pakistan. My father died 14 years back, my mother raised us alone. I know how difficult it is for a single woman to take responsibility.”

Naqvi echoed other protesters when he added, “There were faulty reports based on fiction that the police were making up, not based on Mukhtaran’s statements, and they were introduced as evidence...”

Prizewinning author H.M. Naqvi  joined other protesters in expressing disappointment. “Islam gave women rights 1,400 years ago. It’s the responsibility of every Muslim in this state, 1,400 years later, to champion women’s rights,” he said.  “I don’t have much expectation of the religious parties - though they should be here - but where are the other people?”

 

Published in The Express Tribune, April 24th, 2011.]]>
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			<title>Victim of a flawed system</title>
			<link>https://tribune.com.pk/story/155181/victim-of-a-flawed-system</link>
			<comments>https://tribune.com.pk/story/155181/victim-of-a-flawed-system#comments</comments>
			<pubDate>Sat, 23 Apr 11 19:10:05 +0500</pubDate>
			<dc:creator>
				<![CDATA[dr.rubina.saigol]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=155181</guid>
			<description>
				<![CDATA[Nine years after the horrific act, the Supreme Court has held only one accused responsible, based on his confession.]]>
			</description>
			<content:encoded>
				<![CDATA[The disappointing Supreme Court verdict in the Mukhtaran Mai case has once again brought into sharp focus the deeply flawed socio-economic and juridico-political system prevalent in our country. Given the manner in which economic and political power is distributed in Pakistan, it is not surprising that most of the accused in the globally condemned gang rape case were acquitted.

To recapitulate the facts of the case: In June 2002, a local panchayat or council of tribal elders met in Meerwala, southern Punjab, to settle a dispute between the Mastoi and Gujjar tribes. The powerful and politically well-connected Mastoi tribe had accused Shakoor, the 11-year-old brother of Mukhtaran Mai, of having illicit relations with their sister, Salma. Shakoor had reportedly been sodomised in the fields by henchmen of the Mastois and was terrified of reporting the crime for fear of being killed or further molested. The jirga offered four kanals of land and a watta satta marriage between Mukhtaran and one of the Mastoi men, in exchange for Salma’s marriage to Shakoor. The Mastoi tribe refused to accept the settlement and, in view of hundreds of people, four men dragged Mukhtaran Mai into a room where she was raped.

The FIR of the sordid incident was filed much later because of fear of the power of the Mastois and their influence over the police, local administration and the nazim. Nevertheless, once the case was widely reported and human rights organisations raised a hue and cry, an anti-terrorism court convicted six men and sentenced them to death. Nine years after the horrific act, the Supreme Court has held only one accused responsible, based on his confession, and five others have been let off the hook. The reasons cited is insufficient evidence because of the lack of a thorough investigation of the case.

It is obvious that multiple crimes were committed, including sodomising Shakoor, forcibly abducting Mukhtaran, gang rape, the holding of an illegal jirga and offering a settlement that asked a woman to pay for her young brother’s alleged crime, and pressure by the nazim on the police to go easy on the Mastois. Media reports suggest that the nazim needed the support of the Mastoi clan in the upcoming elections. In spite of an array of crimes and corruption, only one man was convicted for one crime. No one was held accountable for any of the other acts.

It has once again become evident that a politico-legal system that derives its power from a skewed and unequal socio-economic system cannot provide justice to its citizens. Our lawmakers are by and large derived from the very clans, tribes, castes, and feudal and Sardari systems that promote and justify a primitive notion of revenge based on an eye for an eye. A large number of our parliamentarians are drawn from social structures that regard women as property that can be exchanged for dispute settlement. They rely on alternate dispute resolution mechanisms (jirgas, shuras, panchayats) at the local level and express a haughty disdain for the legal-juridical-political system. This is why Mir Hazar Khan Bijrani presided over a jirga that offered girls aged two to six as peace offerings in a tribal dispute. And this is why Israrullah Zehri could claim that burying women alive is an age-old local tradition which should not be challenged by the legal structure of the state.

Our executive arm, entrusted with the task of executing the will of the parliament and implementing its laws, is also drawn from the same parliament. It, too, represents the same social structure along with its attendant values and ideologies. This is why Israrullah Zehri and Hazar Khan Bijrani both became federal ministers despite their despicable beliefs and practices. The ruling parties invariably need the support of the local feudal or tribal power structure to form coalition governments because of the increasing ethnicisation of politics wherein no party receives simple majority as voting has become ethnicity-based. When military governments are in power, they too resort to the support of the feudal-tribal elite to form a ‘king’s party’ and remain in power. In turn, the clout of the tribes, clans, castes and the power of the feudal overlords receives a boost in the form of ministries and other high positions.

With the legislature and the executive dominated by values reflecting feudal and tribal structures, the third part of the trichotomy, the judiciary, cannot remain immune to these influences. In spite of being generally better educated than the feudal and tribal representatives in parliament, the judiciary also comes from the culture of values and beliefs created by a feudal and tribal ethos. The judiciary, despite the requirement and rhetoric of objectivity, neutrality and impartiality, cannot remain unaffected by the dominant values produced by the socio-economic system. Members of the judiciary frequently belong to the same clans, castes, biradaris, zaat and tribes that comprise the local power structures. Additionally, they are constrained to give judgments in line with the laws made by parliament and a constitution also drawn up by those belonging to the dominant socio-economic system.

The modern politico-legal and juridical notions of neutrality, impartiality and objectivity seem to clash with the more personalised and primitive ideas of revenge on which the social and economic system is based. Since the personalised cultural structures are deeply patriarchal and caste-class based, there is little hope of a Shakoor or a Mukhtaran Mai getting justice. The powerful tribes like the Mastois will invariably prevail over the Gujjars and women’s rights and freedoms will be subjected to male whims. There is a mismatch between the socio-economic system and the political one based on democracy. As long as our state remains tribal in nature, there is little hope of achieving either democracy or justice. We need to move away from a mere mechanical trust in the rule of law and struggle for the rule of just law.

 

Published in The Express Tribune, April 24th, 2011.]]>
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			<title>The tragic case of Mukhtaran Mai</title>
			<link>https://tribune.com.pk/story/155172/the-tragic-case-of-mukhtaran-mai</link>
			<comments>https://tribune.com.pk/story/155172/the-tragic-case-of-mukhtaran-mai#comments</comments>
			<pubDate>Sat, 23 Apr 11 17:02:28 +0500</pubDate>
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				<![CDATA[editorial]]>
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			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=155172</guid>
			<description>
				<![CDATA[Mukhtaran Mai was made into a global symbol of an abused woman, a challenge which she accepted.]]>
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				<![CDATA[The decision by the deputy speaker of the National Assembly on April 22 to disallow any discussion on the Supreme Court’s verdict on Mukhtaran Mai is most unfortunate, especially given that it was PPP MNA Sherry Rehman who wanted to speak on the matter.

The Supreme Court decided earlier this week to uphold a Lahore High Court verdict that had acquitted all the accused in Mukhataran Mai’s gang rape in 2002, except one. The gang rape was ordered by an illegal panchayat of Meerwala in Muzaffargarh, Punjab, after which an anti-terrorism court in Dera Ghazi Khan sentenced five of the six accused to death. The fact is that a powerful local tribe has been able to prevent its men from being punished by the justice system. The powerful in our society can first cause a delay in justice — nine years in this case — and then cause a miscarriage of justice through manipulation of the lower ranks of the police.

Mukhtaran Mai is one of many women who have to put up with violence at the hands of men and are forced to keep quiet because the investigative-judicial system is biased against them. Because of ‘anticipated injustice’ in Pakistan’s judicial system, Mukhtaran Mai was made into a global symbol of an abused woman, a challenge which she accepted. Unfortunately, the state became defensive about the publicity and support she got from all over the world; it also manifested a clear conservative bias against the women’s rights movement in Pakistan, which is demonised by powerful religious lobbies.

There was more than ‘anticipated injustice’ in the Mukhtaran Mai case. This was the impunity of the powerful, seen in relation to the terrorist elements in Pakistan which are supported by sections of the state. According to official statements, no terrorist caught after horrendous acts of killing has been punished. Those who view our judiciary politically say that the kind of out-of-the-box jurisprudence applied by the courts to matters such as the NRO will never be applied to Lal Masjid and Mukhtaran Mai. This view holds that the judiciary has always been drawn from a largely conservative legal community and it tends to agree with religious constraints to justice when it comes to women, while tacitly accepting the reign of the powerful in society.

The Supreme Court had intervened after the Federal Shariat Court in 2005 contested the jurisdiction of the Multan Bench. It heard the case and, agreeing with the Multan Bench verdict, ordered the release of the accused. Mukhtaran Mai went in appeal and the latest decision has come after over five years of hearings. Now, in 2011, two of the three judges on the bench have decided to go along with the earlier findings while one judge thought the Court could have taken a more pro-reform view and focused more closely on the notorious methodology of registering an FIR in areas where feudal power trumps justice all the time. The Musharraf government — illegal in the eyes of the Court — pitted itself against this wronged woman and put a ban on her travel abroad. If the liberal elements in Pakistan had stood behind the so-called ‘liberal reforms’ of Musharraf, this was one case that they did not support his government on. Alas, the Supreme Court’s latest decision will be seen as being supportive of Musharraf’s policy of hiding the truth of women’s disabilities in Pakistan from the world.

The judiciary takes the position that its power is not only derived from the Constitution but also from civil society, which stood up for the judges dismissed by Musharraf and finally got rid of the military ruler through street agitation. But civil society also includes women and their rights must equally be defended; more so because Pakistani society needs reform before it learns to treat women as desired by the Constitution. And the Court remains the guardian of the Constitution. If the Honourable Court is today dubbed as being ‘activist’ in favour of the people, let it be clear that it is not the Court of the conservative elements simply because they are powerful.

 

Published in The Express Tribune, April 24th, 2011.]]>
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			<title>Mai supporters decry setback to women rights</title>
			<link>https://tribune.com.pk/story/154820/mai-supporters-decry-setback-to-women-rights</link>
			<comments>https://tribune.com.pk/story/154820/mai-supporters-decry-setback-to-women-rights#comments</comments>
			<pubDate>Sat, 23 Apr 11 07:01:23 +0500</pubDate>
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				<![CDATA[express]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=154820</guid>
			<description>
				<![CDATA[Verdict seen as a major blow to women who speak out against injustice.]]>
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				<![CDATA[In a show of support for rape victim Mukhtaran Mai after the Supreme Court verdict left her sympathisers dejected, parliamentarians and experts expressed their dismay on Friday and urged for an effective and impartial criminal justice system.


Speaking on a point of order in the National Assembly, Sherry Rehman asked the government to not just provide security to Mukhtaran Mai, but to file a review appeal in the Supreme Court.

In its decision yesterday, the Supreme Court acquitted five of the six accused of raping Mukhtaran Mai. One of them was served a life sentence.

“Mukhtara Mai has been fighting for justice for nine years now. Clearly, the evidence that would assist the court has been tampered with at the behest of local influentials,” she said, according to a press release.

Rehman added that there was a need to review the system of police investigations. “We may not be able to hold back the wave of violence against women all over the country, but it is important to act when we can, and where we can, so that impunity does not remain an everyday option,” she added.

The member of National Assembly was of the view that it is traumatic enough for a woman to report a rape.

ActionAid Pakistan raised serious concerns over gaps in the legal system that led to acquittal of the accused. The agency feared that a “bad precedence” would discourage women from raising voice against violence, and would pave the way for more heinous crimes against women in future.

In a statement issued on Friday, ActionAid Pakistan’s Country Director Jemal Ahmed termed absence of women’s representation in the most strategic institutions like the medico-legal system, courts, lawyers and police to be responsible for restricting their access to justice. The agency condemned the patriarchal mindset behind social, political and legal injustice towards women.

Earlier, Justice (retd) Nasir Aslam Zahid said not a single person in Pakistan had been convicted on rape charges in the last ten years.

Another expert, while talking to The Express Tribune, said the fundamental and crucial statement in any rape case across the world is of the rape victim. He said “The victim’s statement is always taken as the most important evidence in the case, but in Pakistan it is not given its due importance.”

Published in The Express Tribune, April 23rd, 2011.]]>
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			<title>Gang rape case: Govt promises security for Mukhtaran Mai</title>
			<link>https://tribune.com.pk/story/154927/gang-rape-case-govt-promises-security-for-mukhtaran-mai</link>
			<comments>https://tribune.com.pk/story/154927/gang-rape-case-govt-promises-security-for-mukhtaran-mai#comments</comments>
			<pubDate>Sat, 23 Apr 11 05:10:38 +0500</pubDate>
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				<![CDATA[zia.khan]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=154927</guid>
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				<![CDATA[Sherry Rehman calls upon govt to file a review petition for Mai after the SC dismissed her appeal.]]>
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				<![CDATA[The government has promised security and legal assistance to gang rape victim Mukhtaran Mai who says her life is under threat after the Supreme Court dismissed her appeal and released five of the six accused in a 2002 case that attracted international attention.


Interior Minister Rehman Malik told the National Assembly on Friday that the federal government will ask Punjab authorities to deploy provincial police for the security of Mai at her remote village in Muzaffargarh district.

Malik said that he had been directed by Prime Minister Yousaf Raza Gilani to provide legal assistance to Mai, who challenged taboos to fight a long and tiresome war in courts after she was gang raped on the orders of a village council or a punchayat.

The Supreme Court decision on Thursday received widespread criticism from within and outside Pakistan with rights bodies and activists calling it a verdict that would encourage sexual abuse of women in the country.

However, a three-member bench that acquitted most of accused cited lack of evidence for their decision. Chief Justice Iftikhar Muhammad Chaudhry on Friday said that ‘weak prosecution made justice difficult’ in an apparent reference to the Mai’s case.

After Malik’s assurance to the house, Federal Information Minister Dr Firdous Ashiq Awan also said that the government would support Mai if she wished to file a review petition against the verdict.

Both Rehman and Awan, however, did not clarify whether the government itself could file a review petition as demanded by a female parliamentarian from the ruling Pakistan Peoples Party (PPP).

MNA Sherry Rehman on a point of order said that Mukhtaran Mai was fighting for justice for the last nine years and only one of the accused was given life imprisonment while the rest were free to walk.

She called upon the government to file a review petition for Mai and provide her with security. After Thursday’s decision, Mai told BBC Urdu from her native village that she felt too tired to continue fighting and had lost faith in the justice system.

Meanwhile in the National Assembly, Muttahida Qaumi Movement (MQM) leader Haider Abbas Rizvi said that the payment of compensation to Budha Khel and Bshandgan tribes for the construction Diamer-Bhasha Dam was not being distributed properly and equally.

He said that the prime minister during his expected visit to the area should look into the matter to avoid any injustice.

Former Interior Minister Aftab Ahmed Khan Sherpao also appealed the government to take pragmatic measures for maintaining law and order situation in Kurram agency.

Published in The Express Tribune, April 23rd, 2011.]]>
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			<title>Justice Denied: HRCP condemns Supreme Court verdict</title>
			<link>https://tribune.com.pk/story/154931/justice-denied-hrcp-condemns-supreme-court-verdict</link>
			<comments>https://tribune.com.pk/story/154931/justice-denied-hrcp-condemns-supreme-court-verdict#comments</comments>
			<pubDate>Sat, 23 Apr 11 05:00:38 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=154931</guid>
			<description>
				<![CDATA[HRCP expresses disappointment at SC verdict in Mukhtaran Mai rape case.]]>
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				<![CDATA[The Human Rights Commission of Pakistan (HRCP) has expressed disappointment at the Supreme Court’s verdict in the Mukhtaran Mai rape case.


“The decision will add to difficulties that rape victims face in bringing their tormentors to justice,” said a HRCP statement issued on Friday.

The Supreme Court, on Thursday, acquitted five of the six accused men in the case, prompting widespread condemnation from civil society circles and the people at large. “It is utterly disappointing that insufficient police investigation and a delay in registering a case with the police have been made the basis for acquittal of the accused,” the statement reads.

The HRCP says it has serious concerns that courts lack the capacity and the sensitivity to properly appraise evidence in rape cases. HRCP has also expressed serious concern over Mukhtaran Mai’s safety and has urged the government to see to it that adequate steps are taken to ensure that she is not harmed.

Published in The Express Tribune, April 23rd, 2011.]]>
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			<title>Patronage of rape</title>
			<link>https://tribune.com.pk/story/154474/patronage-of-rape</link>
			<comments>https://tribune.com.pk/story/154474/patronage-of-rape#comments</comments>
			<pubDate>Fri, 22 Apr 11 18:00:15 +0500</pubDate>
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				<![CDATA[naeem.sadiq]]>
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			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=154474</guid>
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				<![CDATA[The assault on Mukhtaran Mai exposed the vulnerability and helplessness of every woman.]]>
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				<![CDATA[Pakistan’s bravest woman finally lost the battle that she single-handedly fought with the rest of Pakistan. Eight years and 10 months down the road, the Supreme Court of the country handed down its 82-page judgement, that may or may not withstand the touchstone of justice, but it surely conveyed a powerful, startling and unambiguous message to the people of Pakistan. An unwritten message that the story of Mukhtaran Mai’s gang rape was not entirely true, that it appeared a case of delusion and that she perhaps suffered from bouts of lacunar amnesia. The rapists were, in fact, men of great honour and tradition. Five out of six of them immediately deserved to be set free and allowed to go home dancing and celebrating, so that their ‘honourable panchayats’ could sponsor yet more opportunities for raping the weak and helpless. The state institutions were essentially there to protect and patronise this politically sanctioned and culturally accepted act of bravery. The women of Pakistan must continue to suffer, while the state must always find a way out for those who indulge in this and other similar crimes.

The conclusion arrived at by the court has saddened the hearts of many who built their hopes for a better tomorrow on a judicial system that could differentiate between narrow clerical procedures and higher principles of justice, or at least between right and brazen wrong. Why must this be the only country in the world where a jirga (a medieval but officially condoned version of a village high court) can order or supervise the rape of a woman? Why must it be the only country where a high court and a supreme court would find nothing wrong with a woman formally presented for rape to four men in front of a large gathering and consider it judicially appropriate to set the culprits free? The fact that insufficient evidence and faulty police investigation were a hindrance in the carriage of justice was acknowledged but overlooked in favour of the rapists.

The assault on Mukhtaran Mai exposed the vulnerability and helplessness of every woman, just as the decision of the court lends a question mark to the dignity, sanity and security of every citizen of this country. For the survivors of this much patronised crime, the judgement considerably reduces any future expectations of justice from within the judicial system. On the contrary, it reinforces the path adopted by the Meerwala jirga as a preferred method of conflict resolution. Why was it not possible for the court to order a reinvestigation, just as it has done so in many recent cases? Why was the village jirga not taken to task for proposing and patronising such despicable deals? Why were the policemen not held accountable for conducting a faulty investigation or failing to produce the real culprits? These and many other questions point towards a systemic failure of our judicial system. The $350 million ‘access to justice’ loan (read gimmick) may have benefitted many consultants and middlemen, but has not taken us an inch forward on the road to justice. If it takes eight years and 10 months to come to a conclusion in such a high-profile landmark case, the courts are not likely to be radiating hope or confidence for ordinary citizens. A court case is now synonymous with an unending ritual of ‘next hearings’ and a pocketful of fee for the legal fraternity that is normally happy to let the show go on forever.

Mukhtaran Mai symbolised the struggle of ordinary people against the tyranny of an unjust system. The state institutions, however, have collectively connived to prove her wrong. The political parties have shown no interest in abolishing jirgas, supporting women, punishing rapists, abolishing practices like karo-kari or stopping hatemongering from religious platforms.

It is time for the people of Pakistan to demand and push for major structural reforms in the criminal justice process. Can the setback suffered be converted into a sustained and organised effort for judicial reform, instead of the knee-jerk emotional responses of anger, press statements and protests?

Published in The Express Tribune, April 23rd, 2011.]]>
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			<title>Mukhtaran Mai: Pakistan betrayed you once again</title>
			<link>https://tribune.com.pk/story/154473/mukhtaran-mai-pakistan-betrayed-you-once-again</link>
			<comments>https://tribune.com.pk/story/154473/mukhtaran-mai-pakistan-betrayed-you-once-again#comments</comments>
			<pubDate>Fri, 22 Apr 11 17:54:07 +0500</pubDate>
			<dc:creator>
				<![CDATA[raza.rumi]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=154473</guid>
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				<![CDATA[This is time for reflection, policy debate and untiring advocacy.]]>
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				<![CDATA[April 21, 2011 will be remembered as a black day in Pakistan’s history. Not because this was the day when the Supreme Court acquitted the alleged rapists of a poor, marginalised woman. It will be marked as the day when, once again, Pakistan’s colonial criminal justice system failed to protect the vulnerable, thereby rendering a heinous crime such as gang rape almost unpunishable.

Nine years ago, a misogynistic panchayat of south Punjab ordered the gang rape of a woman for no sin of hers. It was her (then 12-year-old) brother who was sodomised and then accused of illicit relations with the sister of the powerful rapists. This low-caste family had to be ‘fixed’. Thanks to the media frenzy, the state had to act when what happens in subaltern Pakistan was exposed. Suo motu notices by the courts, police investigation and faulty prosecution ultimately led to no justice. At every step of the legal process, powerful men obstructed the cause of justice.

The Lahore High Court and now the split bench of the Supreme Court have decided on the basis of evidence produced before them. Fair enough. After all, the courts have to rely on the proceedings. But are we not living in the age of proactive courts where ‘public expectations’ and correcting the wrongs of history are oft-cited phrases? Did a learned judge not say in the sugar price control case that the court was moving beyond its jurisdiction to respond to public expectations? Did the courts not decide on the Eighteenth Amendment, which cannot be challenged in any court? We respect the honourable courts but do reserve the right to differ. Are the lower courts equally stringent about blasphemy cases? No.

No sooner was the judgement released that some men, according to reports, clapped in the court. Later, a chauvinistic TV anchor asked Mukhtaran if she had any compassion for the men who had spent six years in jail. This was adding insult to a national injury. Are we living in a medieval society? Evidently yes, when it comes to women and their rights.

This is time for reflection, policy debate and untiring advocacy. Our police has to be restructured and made accountable to the public, not to the provincial chief ministers and the IGs. Pakistan has to augment prosecution services and make them autonomous.

How long will terrorists and rapists be released simply because the prosecution system is weak? The provinces with the reversal of devolution have undone the prosecution reform started in 2002. We also need judicial reforms in lower and superior courts of Pakistan — way beyond the goals of the national judicial policy of 2009.

Let Mukhtaran Mai’s defeat become an opportunity for mobilising for reform. Mai: We are ashamed, but will not give up.

Published in The Express Tribune, April 23rd, 2011.]]>
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			<title>Mukhtaran Mai verdict: Citizens enraged by Supreme Court let down</title>
			<link>https://tribune.com.pk/story/154026/mukhtaran-mai-verdict-citizens-enraged-by-supreme-court-let-down</link>
			<comments>https://tribune.com.pk/story/154026/mukhtaran-mai-verdict-citizens-enraged-by-supreme-court-let-down#comments</comments>
			<pubDate>Fri, 22 Apr 11 05:23:25 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=154026</guid>
			<description>
				<![CDATA[Verdict in Mukhtaran Mai’s case will discourage women seeking justice, say activists.]]>
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				<![CDATA[Supreme Court judgement on the Mukhtaran Mai case stirred a lively response from the women rights’ activists in the capital. Civil society members, activists and university students staged a protest under the banner of Awami Jahmoori Forum at D-Chowk on Thursday. They condemned the verdict given by the Supreme Court in which one of the accused, in the gang rape case of Mai, was sentenced to life sentence while others were set free. They claimed that the decision had shaken the confidence and the sense of security of the women in Pakistan.


Talking to The Express Tribune, Farzana Bari, a human rights’ activist said, “Our public has given justice to Muktaran Mai but unfortunately our courts have failed to do so.” She added the court-of-law had failed to ensure justice to the victim who had been fighting for it since long.

Moreover, she demanded for amendments to be made in the criminal justice legislation from a gender perspective and also recommended changes in the Evidence Act.

Students of different universities, Sadia Rabbani, Shaista Shakoor, Nida Malik had the same thing to say while talking to The Express Tribune.

“We are proud of Muktaran Mai and will fight for her till the time she gets justice,” said one of the students.

Earlier, a meeting was organised by the National Commission on the Status of Women (NCSW), members of Insani Huqooq Ittehad, including Potohar Organisation for Development Advocacy and Mehergargh, among others.

They expressed deep shock and disappointment at the verdict given by the court.  They added that the court’s orders reflected faulty investigation on the police’s part and the loop holes which were left intentionally to side with the power brokers

Members said the judgment did prove that Mai was raped because one accused was sentenced to life imprisonment, while others were acquitted.

“We are surprised to see why only one of the accused was punished and others were acquitted from the charges of ‘gang rape’. “The case has been a classic example of how facts are distorted and documentation of the evidence is tampered with at all levels,” said an activist.

The group expressed concerns at the long delays in dispensing justice saying that the victim was raped in 2002 on the instructions of the local panchayat (verdict of tribal elders). In 2005, the chief justice of the superior court took a suo moto notice of the case. Despite the intervention, it had taken more than nine years for the decision.

“We feel that the criminal justice system does not favour women and is patriarchal in nature. Impunity is the order of the day,” said another activist.

She added, “The outcome of Mai’s case discourages survivors of rape from reporting it.”

Chairperson, Anis Haroon demanded the government to review the criminal justice system as it had failed to give a justice to a ‘well-deserving’ woman.

Moreover, Samar Minallah, women rights’ activist said, “By giving such favours to the culprits, our courts have supported the jirga system.”

 

Published in The Express Tribune, April 22nd, 2011.]]>
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			<title>Mukhtaran Mai: A story of extraordinary courage</title>
			<link>https://tribune.com.pk/story/154316/mukhtaran-mai-a-story-of-extraordinary-courage</link>
			<comments>https://tribune.com.pk/story/154316/mukhtaran-mai-a-story-of-extraordinary-courage#comments</comments>
			<pubDate>Fri, 22 Apr 11 04:13:44 +0500</pubDate>
			<dc:creator>
				<![CDATA[farooq.tirmizi]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=154316</guid>
			<description>
				<![CDATA[How one woman turned an ordeal into an inspiration for the nation.]]>
			</description>
			<content:encoded>
				<![CDATA[On June 22, 2002, at approximately 2 pm, Mukhtaran Mai was raped by four men after being dragged into the house of a Mastoi tribesman in her native village of Meerwala, in Muzaffargarh district.


An investigation ordered by the Punjab governor in July 2002 revealed that Mukhtaran’s brother Abdul Shakoor, then 12 years old, had been raped by three men from the Mastoi tribe, who then threatened the boy to keep his abuse quiet. When the boy refused, one of the men accused him of having sexual relations with his sister, Salma, who was then at least six years older than Shakoor.

Mukhtaran’s family at first tried to arrange a settlement of the dispute by asking that Shakoor marry Salma and that one of the Mastoi tribe marry Mukhtaran. The Mastoi clan was initially willing to accept the agreement but Salma’s brothers, including one of the men who raped Shakoor, refused.

The Mastoi’s suggested that they would be willing to ‘forgive’ Mukhtaran’s family if she came and apologised on behalf of her brother. However, when she arrived at the house of one of the Mastoi men, she was dragged inside, gang raped by four men, and then paraded naked in the village.

Initial media reports had suggested that Mukhtaran was ‘sentenced’ to gang rape by the jirga. Later reports, however, corrected that account and showed that in fact there was no such ‘sentencing’ and the jirga was only involved in arranging for the settlement which was ultimately rejected.

What made the incident a national story was a sermon the following Friday, six days later, when the imam of the local mosque spoke against the rape in the Friday prayers and arranged for journalists in the area to meet with Mukhtaran’s family.

The story spread like wildfire at a time when the Pakistani press was just beginning to gain more freedom.

The police arrested fourteen suspects that Mukhtaran had identified as being involved in the case. At a trial, a lower court convicted six men, including the four assailants, sentencing them to death, and acquitted the rest of the eight men.

Mukhtaran Mai was awarded Rs500,000 by the government as compensation for her ordeal, which she used to begin setting up a school in her village, which she felt would help address the many social inequities in Meerwala. The international attention that her case got meant that she was able to receive more donations, and expand to two schools.

Love in Meerwala

In 2005, when some of the men who assaulted her were acquitted on appeal, the government assigned her police protection. One of the officers, Nasir Abbas Gabol, fell in love with Mukhtaran, though he initially kept his feelings to himself.

Soon, however, Gabol could not contain himself and in late 2008, he proposed. He was crushed when Mukhtaran said no, since Gabol was already married.

Dejected at her response, Gabol attempted suicide, which persuaded his first wife, Shumaila, to appeal on his behalf to Mukhtaran. With Shumaila’s consent, Mukhtaran was eventually persuaded to say yes, though not before she made Gabol promise to transfer some land to Shumaila’s name and guarantee her a monthly stipend of Rs10,000.

Published in The Express Tribune, April 22nd, 2011.]]>
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			<title>Reaction to Mukhtaran Mai verdict: Citizen groups outraged</title>
			<link>https://tribune.com.pk/story/154319/reaction-to-mukhtaran-mai-verdict-citizen-groups-outraged</link>
			<comments>https://tribune.com.pk/story/154319/reaction-to-mukhtaran-mai-verdict-citizen-groups-outraged#comments</comments>
			<pubDate>Fri, 22 Apr 11 03:53:39 +0500</pubDate>
			<dc:creator>
				<![CDATA[mahnoor.sherazee]]>
			</dc:creator>
			<category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=154319</guid>
			<description>
				<![CDATA[Several organisations gather to discuss strategy on how to respond.]]>
			</description>
			<content:encoded>
				<![CDATA[The acquittal of five of the six men accused of raping Mukhtaran Mai has been met with “shock and absolute disgust” by a cross-section of civil society groups, which gathered at the Aurat Foundation building on Thursday to discuss a future course of action as a result of the Supreme Court’s verdict.


With just 30 days to file for the review of the decision which some organisations, such as the Aurat Foundation, felt was the best way to go.

However, Human Rights Commission of Pakistan (HRCP) member Iqbal Haider said a review was not a good option nor did Mukhtaran seem interested in filing for one. Haider suggested that Justice Nasirul Mulk’s statement should have been delivered as the verdict but “the courts are slaves of the laws and mere technicalities.”

Many of the women’s rights organisations felt the need to “do something”. Naeem Sadiq, a social activist, said focus needs to be laid on the “dangerous indications the verdicts point to. There are many Mukhtaran Mai and this decision puts their future at stake as well.” Sadiq said contempt of court in citizen’s voicing their opinions on the verdict should act as a stumbling block.

Member of Citizens for Democracy Mohsin Sayeed said, “We need to directly target the judges. Contempt of court is not greater than contempt of human dignity.” Sayeed suggested mapping out a sustainable protest with clearly defined short-, medium- and long-term strategies and goals. “We must force the judges to review themselves.”

Director for War against rape (WAR) Sarah Zaman agreed. “We need to avoid the headless chicken syndrome where there is a sudden hype but the matter fizzles out just as fast and is more damaging,” she warned.

Zaman said for years they have been hearing snide remarks against Mukhataran. “In fact, women who go to the station to register a rape case are taunted by police officers on duty saying, bara Mukhataran Mai banay ka shauq hai tumhain? (You are really trying to follow in the footsteps of Mukhtaran Mai). The idea in people’s minds is that rape survivors come forward for the celebrity status and to cash in on their situation,” she said.

Meanwhile, the Islamabad-based National Commission on the Status of Women (NCSW) and the Insani Haqooq Ittehad (IHI) – an alliance of human rights organisations that includes Mehergargh, Rozan, Sungi, Bedari, Ethno Media, Pattan and others – expressed deep shock and disappointment at the verdict. Additional reporting by Sumera Khan in Islamabad

Published in The Express Tribune, April 22nd, 2011.]]>
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			<title>Mukhtaran Mai appeal: Delayed and denied</title>
			<link>https://tribune.com.pk/story/153641/mukhtaran-mai-case-5-of-6-accused-acquitted</link>
			<comments>https://tribune.com.pk/story/153641/mukhtaran-mai-case-5-of-6-accused-acquitted#comments</comments>
			<pubDate>Fri, 22 Apr 11 02:10:44 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=153641</guid>
			<description>
				<![CDATA[Supreme Court directs immediate release of five of six men accused for gang rape.]]>
			</description>
			<content:encoded>
				<![CDATA[Dismissing an appeal by gang rape victim Mukhtaran Mai, the Supreme Court on Thursday upheld the Lahore High Court’s decision to acquit five of the six accused in the rape case.


Mai, now 40, was gang raped in June 2002 on the orders of a “panchayat” in Meerwala town of Punjab as punishment after her younger brother was wrongly accused of having illicit relations with a woman from a rival clan. The boy was 11-years-old at the time.

A three-member bench of the apex court headed by Justice Mian Shakirullah heard the case on Mukhtaran Mai’s appeal against the Lahore High Court (LHC) Multan bench judgment on March 3, 2005. The other two members on the bench were Justice Nasirul Mulk and Justice Mian Saqib Nisar.

In its written order, the apex court directed the immediate release of the five accused if no other cases were registered against them. The death penalty for the sixth man, Abdul Khaliq, was changed to life in prison.

“I’m disappointed. Why was I made to wait for five years if this decision was to be given?” a sobbing Mai told Reuters by telephone from her village after the court announced the decision. “The police never even recorded my own statements correctly,” she told the BBC.

“I don’t have any more faith in the courts. I have put my faith in God’s judgement now. I don’t know what the legal procedure is, but my faith [in the system] is gone.

Mukhtaran Mai was an illiterate villager at the time but she defied taboos and shot to global fame by speaking about her ordeal accusing 14 attackers and taking them to court.

As the case got global attention and pressure from the international community increased, former president Musharraf’s government was forced to decide the matter speedily.

Within a span of three months, a local anti-terrorism court (ATC) sentenced six accused to death, while acquitting the other eight for a lack of evidence.  However, the Lahore High Court acquitted five of the men in March 2005, and commuted the sentence for the main accused, Abdul Khaliq, to life imprisonment. The decision was challenged in the Supreme Court in 2005.

In its order, the court also discharged its suo motu action taken on March 14, 2005 in the matter. The court in its decision found the prosecution case to be weak.

Earlier, Aitzaz Ahsan had argued before the Supreme Court that the complainant party was under constant threat from the accused to not disclose the incident. He argued that the fundamental and crucial testimony in any rape case is always that of the victim. However, the court found that the testimony of the complainant lacked corroboration and observed deliberate delay by Mukhtaran Mai in the registration of an FIR.

The prosecution witnesses and Mukhtaran Mai, during their testimonies had referred to the threats held out to the complainant party after the incident to prevent them from reporting to the police.

The judgment authored by Justice Saqib Nisar held that there are ten issues arising out of the LHC judgment, eight are the appeals (four each) against the acquittal of the accused having been initiated by the complainant and the State; one appeal has been filed by the convict and the last is the suo motu action by the Supreme court refraining the Federal Shariat Court from taking up the issue.

The lawyer for Mukhtaran Mai informed the court that the very act of bringing the complainant to the panchayat to seek forgiveness for her brother and raping her instead, demonstrates the power of the Mastoi community against the complainant.

Mukhtaran Mai in her testimony, which the Supreme Court produced in its detail judgment, said:  “I (Mukhtaran Mai) stated to the police that after the accused committed Zina, I came out in nude condition and called out my father Ghulam Fareed. I had not put on the shalwar as it was without string, nor I covered the same on my body, and my father had arrived just then”.

The woman celebrated by human rights activists for her courage, runs a school for girls in her village, and has vowed that Thursday’s ruling will not force her to leave her home.

“Life and death are in the hands of Allah... I will not shut my school and other projects,” she told Reuters news agency.

WITH ADDITIONAL INPUT FROM THE BBC AND REUTERS

 

 

Published in The Express Tribune, April 22nd, 2011.]]>
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			</item><item>
			<title>Will Mukhtaran Mai ever get justice?</title>
			<link>https://tribune.com.pk/story/153820/will-mukhtaran-mai-ever-get-justice</link>
			<comments>https://tribune.com.pk/story/153820/will-mukhtaran-mai-ever-get-justice#comments</comments>
			<pubDate>Thu, 21 Apr 11 17:20:58 +0500</pubDate>
			<dc:creator>
				<![CDATA[nadir.hassan]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=153820</guid>
			<description>
				<![CDATA[It is important to remember that the problem with the judiciary isn’t that it wanted to deny Mukhtaran Mai justice.]]>
			</description>
			<content:encoded>
				<![CDATA[It is tempting, when hearing that five of the six men accused of raping Mukhtaran Mai have had their acquittals upheld by the Supreme Court, to see the verdict as the latest in a long line of indignities forced upon her. Mukhtaran Mai has endured government scorn and apathy with grace and has been an inspiration to millions. If anyone deserved justice, it is her.

It is important to remember that the problem with the judiciary isn’t that it wanted to deny Mukhtaran Mai justice. In Aitzaz Ahsan, she had one of the finest lawyers around and given how long it takes for most cases to be adjudicated in Pakistan, her appeal was actually heard relatively speedily. Rather, the problem is purely institutional. Rape survivors are at an inherent disadvantage when seeking justice, since their testimony is automatically treated as suspect. With Mukhtaran Mai, the police in her village of Meerwala refused to register her case for several days after she was raped, and only a public outcry led to any action being taken. That delay torpedoed her chances of a fair hearing and ensured that a miscarriage of justice was the most likely outcome.

Those who are critics of Pakistan’s parallel justice systems will also have to face some harsh realities. It was an anti-terrorism court (ATC) in Dera Ghazi Khan that originally sentenced the six men to death in August 2002 for raping Mukhtaran Mai. That verdict was then appealed in the Lahore High Court (LHC), which retried the case and reversed the convictions of five of the men in 2005 on the basis of insufficient evidence. After that, the Federal Shariat Court (FSC) overturned the verdict of the LHC and had the men arrested again. The Supreme Court then ruled that the FSC did not have the authority to hear the case and took up the appeal itself.

It is tempting to have a knee-jerk reaction and not only praise the ATC and FSC for its verdicts but support their operating parallel to the regular courts. Using the outcome of a single case to define judicial philosophy would be very unwise. The FSC was created as part of Ziaul Haq’s Islamisation of Pakistan and as such has often been subjected to withering criticism by the very people who most fervently wanted justice for Mukhtaran Mai. There should be no reason to soften that criticism just because of one case.

Instead, what is needed is a total overhaul of how rape cases are handled, not just by the judiciary but also the police. Such change can only come through societal pressure and will take many years to bring about, but it is the only way of preventing future Mukhtaran Mais from being denied justice.

 

 

Published in The Express Tribune, April 22nd, 2011.]]>
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			<title>Another atrocity</title>
			<link>https://tribune.com.pk/story/153737/another-atrocity</link>
			<comments>https://tribune.com.pk/story/153737/another-atrocity#comments</comments>
			<pubDate>Thu, 21 Apr 11 16:53:26 +0500</pubDate>
			<dc:creator>
				<![CDATA[editorial]]>
			</dc:creator>
			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=153737</guid>
			<description>
				<![CDATA[The saddening verdict reveals all this and exposes the ability of courts to stand by victims.]]>
			</description>
			<content:encoded>
				<![CDATA[Mukhtaran Mai is a winner. We all know this and the realities cannot be changed by the verdict of any court. Since she suffered a brutal gang rape in 2002 on panchayat orders in her village in Muzaffargarh district, as punishment for her brother’s affair with a woman from a powerful clan, Mai has fought back with extraordinary courage. She has emerged as a spokeswoman for wronged women, established schools for girls and refused to allow the powerful to stand in her way. The apex court verdict delivered on April 21, acquitting five of the six men accused of raping her, counts as yet another atrocity against a woman who has suffered the most terrible abuse but refused to surrender her dignity or give up her efforts to help other women find empowerment.

Hearing Mai’s appeal against a Lahore High Court verdict which overturned a death sentence delivered against all six perpetrators, the Supreme Court upheld the order ruling the men be released. Only one, Abdul Khaliq, serving a life sentence is to remain behind bars. The members of the panchayat who meted out the awful punishment also escape penalty. The message that goes out for the future is clear: Rape victims, even those willing to speak out, have no power and stand little chance of attaining justice.

The court, of course, is constrained to act only on the basis of information put before it. Women’s rights groups who have criticised the ruling have also noted that flawed and indifferent police investigations often determine court actions. For the police, rape and other crimes against women are almost never a priority.

This is all the more true when victims, like Mai, lack status. The investigative procedure, too, has many loopholes. The saddening verdict reveals all this and exposes the ability of courts to stand by victims. We can only hope now that this case will result in the process being amended so that other victims can be spared the long ordeal of Mukhtaran Mai, who now also faces a threat from the five men set free by the court.

 

Published in The Express Tribune, April 22nd, 2011.]]>
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			<title>Over 12,000 murders across Pakistan in 2010: HRCP</title>
			<link>https://tribune.com.pk/story/149361/over-12000-killed-across-pakistan-in-2010-hrcp</link>
			<comments>https://tribune.com.pk/story/149361/over-12000-killed-across-pakistan-in-2010-hrcp#comments</comments>
			<pubDate>Thu, 14 Apr 11 12:31:46 +0500</pubDate>
			<dc:creator>
				<![CDATA[express]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=149361</guid>
			<description>
				<![CDATA[State of Human Rights 2010 released by HRCP. US drones strikes responsible for 957 extra-legal killings.]]>
			</description>
			<content:encoded>
				<![CDATA[As many as 12,580 people were killed across Pakistan in 2010, stated the annual Human Rights Commission of Pakistan (HRCP) report released on Thursday.

The annual report, State of Human Rights in 2010, also revealed that there were 581 kidnappings for ransom and 16,977 cases of abductions across the country.

Faith based violence claimed the lives of 99 Ahmadis, while 64 people were charged with blasphemy. Violence against various Muslim sects claimed the lives of 418 people and injured 963.

US drones strikes were responsible for 957 extra-legal killings and 1,159 people were killed in 67 suicide attacks.

Below are highlights from State of Human Rights 2010:

Law and law-making

	The      parliament achieved a signal success by adopting the 18th Amendment      Act through a consensual process and then responding quickly to the      Supreme Court’s reservations on the appointment of judges by passing the      19th Amendment.
	Although      30 Acts were passed in 2010 the government had difficulties in expediting      legislation. Dozens of Bills passed by the National Assembly were pending      adoption by the Senate and the Domestic Violence Bill, duly approved by      the National Assembly, lapsed as it could not be pushed through the Senate      within the prescribed period.
	Failure      to address the issue of the Musharraf period ordinances that were struck      down by the Supreme Court posed serious questions regarding the validity      of actions taken under the ordinances that were not validated.

Administration of justice

	2010      was a fairly hectic year for the judiciary. A new procedure for the      appointment of judges of superior courts was put in place but at one stage      the Supreme Court had to intervene to save the system from collapse in      Balochistan and serious strains elsewhere.
	Contempt      proceedings against the PCO judges for ignoring the SC’s Nov 3, 2007 order      continued but they continued to enjoy their wages without doing any work.
	The      National Judicial Policy was claimed to be proving effective.
	The      government and the SC remained on a collision course for a better part of      the year and at a moment of alarm the SC held midnight sitting and passed      an order against any withdrawal of the 2009 notification whereby the      judges had been restored.
	The SC      dealt with a number of cases relating to NRO beneficiaries, financial      scams and irregular actions of the executive. Frequent invocation of the      suo motu jurisdiction once again raised the question whether this was the      only way to ensure proper governance.

Law and order

	As      many as 12,580 people were murdered, while 581 kidnappings for ransom and      16,977 cases of abduction were also reported.
	There      were 37,088 cases of vehicle theft or snatching. Police recovered 60,884      illegal weapons.
	US      drones strikes were responsible for 957 extra-legal killings.
	338      people were killed in police encounters. Only 28 ‘suspects’ were injured      and captured alive.
	At      least 174 people were rescued from illegal police detention.
	1,159      people were killed in 67 suicide attacks. The fatalities included 1,041      civilians. 2,542 people were killed and 5,062 injured in terrorist      attacks.
	237      political activists and 301 other civilians were killed in targeted      killings in Karachi. 81 people were killed in Lyari gang wars.
	118      people were killed and 40 injured in 117 targeted killings in Balochistan.      They included 29 non-Baloch ‘settlers’ and 17 members of the Shia Hazara      community. Bodies of 59 missing persons were found in the province.
	NGOs      and human rights defenders faced threats and attacks because of their      work.

Jails and prisoners

	Continued      award of death sentence pushed the death row population to around 8,000,      with nearly 6,000 death penalty convicts in Punjab alone.
	The      authorised capacity of the country’s 91 prisons was 42,617 persons but      75,586 prisoners were detained there. The number of prisoners at 55      prisons was in excess of sanctioned capacity.
	Of      the 12,980 detainees in jails across Sindh, 10,306 were under trial, while      33,809 of the 51,902 detainees in the prisons of Punjab were under trial.
	There      were 931 women and 1,154 juvenile detainees in prisons across the country,      most of them under trial.
	72      prisoners died in prisons across the country and another 157 were injured.
	Around      7,000 Pakistanis remained jailed in different countries.
	356      people were sentenced to death, including seven women and one juvenile.
	34      new cases of enforced disappearance were reported to HRCP. Bodies of 59      missing persons were recovered from various parts of Balochistan.

Freedom of movement

	Security      forces did not allow journalists and the civil society to freely visit the      conflict-hit regions. The threat of abduction and target killing in parts      of Balochistan and FATA made them virtual no-go areas.
	Delays      in issuance of passports impinged on the citizens’ right to freely travel      abroad.
	Sectarian      violence led to the government placing restrictions on the freedom of      movement, especially of clerics, on the pretext of preventing sectarian      tensions.
	Names      of scores of individuals were placed on the Exit Control List (ECL). The      Interior Ministry framed rules for inclusion of names in the ECL.

Freedom of thought, conscience and religion

	99      Ahmadis were killed in faith-based violence. Impunity for perpetrators of      violence against minority communities continued.
	At      least 64 people were charged under the blasphemy law, including Aasia      Bibi, a Christian farmhand. Three men, including two Christian brothers,      accused of blasphemy were killed in police custody.
	25 of      the 102 Sikh families forced to flee Orakzai Agency returned to the area.
	500      Hindu families from Balochistan migrated to India because of threats to      their lives and security.
	17      members of minority communities were killed in the name of honour by their      relatives.
	73      members of religious minority communities committed suicide and 21      attempted to take their own lives.
	418      people were killed in violence against various Muslim sects. Another 963      were injured.

Freedom of expression

	20      journalists and media workers lost their lives in attacks and targeted      killings.
	Security      forces personnel subjected journalists to physical attacks, intimidation      and arbitrary detention. Extremist militants and criminals hired by      private individuals also harassed and assaulted them.
	By      inserting Article 19-A in the constitution through the 18th Amendment,      Pakistan formally recognised the citizens’ right to information.
	Journalists      faced difficult economic conditions as many employers did not pay their      salaries or substantially delayed payment of salaries to them.

Freedom of assembly

	Use      of force by the police and attacks by militants undermined citizens’ right      to freedom of assembly.
	In 72      incidents of the use of force against protesters by police, 34 people lost      their lives and another 300 suffered injuries.
	Over      300 people were killed in extremists’ attacks on political meetings or      religious processions.
	The      government frequently invoked legal provisions restricting citizens’ right      to freedom of the assembly.

Freedom of association

	The      government failed to stamp out activities of the banned extremist      organisations
	Government      policies were criticised for undermining the labour’s fundamental right of      association.
	Non-governmental      organisations faced threats and attacks from non-state actors. Several      NGOs closed down their offices or reduced field work to prevent harm to      their staff.

Political participation

	Relations      between political parties, even between coalition partners, remained      turbulent and were characterised by discord over national issues.
	Less      than 50 per cent members of the National Assembly actively took part in      the proceedings. 87 MNAs did not utter a single word during the      proceedings in three years (2008-2010) of their five-year term.
	Violence,      both political and otherwise, led to the death of over 750 people in      target killings in Karachi alone.
	Women      parliamentarians remained the most active legislators, introducing nine      private members’ bills in the 3rd parliamentary year, and 22 out of the      total 26 in the 2nd parliamentary year that ended on March 16, 2010.
	Provincial      representatives to the Election Commission of Pakistan could not be      appointed.
	The      provincial governments did not hold local government elections in 2010,      using delaying tactics, and also did not indicate when the elections would      be held.

Women

	Domestic      Violence (Prevention and Protection) Bill lapsed because it could not be      submitted to the Senate in time.
	Federal      Shariat Court declared parts of Protection of Women Act 2006      unconstitutional.
	Protection      against Harassment of Women at Workplace Act 2010 adopted.
	Women      parliamentarians not represented in the committee formed to draft      18th Amendment Bill.
	791      women were killed in the name of honour.
	2,903      women were raped, 2,581 of them in Punjab.
	719      women committed suicide and 414 attempted suicide but their lives were      saved.
	There      were 931 women detainees in prisons across the country.

Children

	Around      10 million children were affected by the massive floods, 2.5 million of      them younger than 5.
	The      18th Amendment recognised free and compulsory education as a right      for all children between 5 to 16 years of age. However, allocation of      appropriate financial resources to fulfil that commitment remained absent.
	Child      labour and abuse of domestic child workers remained widespread.
	1,154      juveniles were detained in the prisons across the country.
	170      juveniles committed suicide across Pakistan and another 76 attempted      suicide but their lives were saved.

Labour

	Over      one million child labourers between the ages of 10 to 14 were working in      the country.
	At      least 2,294 labourers were freed from debt bondage in Sindh alone
	5.3      million jobs were lost or affected by flooding in Pakistan.
	Trade-unions      protested against confusion about national unions in the wake of the      18th Amendment.
	The      new Punjab labour law was criticised for curtailing labour rights.

Education

	Pakistan’s      literacy rate was recorded at 57% in 2010
	Floods      damaged more than 10,000 schools in the country. Between 5-6% of all      schools were damaged. Between 1.5 million to 2.5 million students were      affected.
	2010      was declared “national literacy year”, but the budgetary allocation for      education for 2010-2011, was a meagre 2% of the GDP.
	163      attacks were reported on educational institutions
	Militants      killed 22 teachers in Balochistan between January 2008 and October 2010.
	Academic      certificates of 54 parliamentarians were declared forged.

Health

	Public      sector expenditure on health in 2010 was projected to be 0.54% of the GDP,      down 27% over the previous year.
	At      least 4,000 Pakistani doctors accepted jobs abroad, creating a vacuum in      many hospitals in Pakistan.
	One      woman died every 30 minutes in Pakistan due to pre-, neo- or post-natal      problems. 1,047,948 cases of tuberculosis were registered in the country.      There were over 18 million registered hepatitis patients. Over 1.6 million      malaria cases were reported annually. 143 cases of polio were reported in      the country. There were more than seven million diabetics and as many as      1.5 million people were blind. There were 150,000 thalassemia patients.      Over 7,000 patients were infected with the dengue virus and 31 people died      of the disease. 114,000 patients of swine flu were reported in 2010.      97,400 HIV/AIDS cases had been diagnosed, while only 5,000 AIDS patients had      been registered.
	34      per cent of the people suffered from a psychological disorder. 2,399      people committed suicide in the country and another 1,174 attempted      suicide mainly because of stress or anxiety on account of illness,      domestic disputes, financial problems or unemployment, etc.
	515      health facilities (5.3 per cent) out of a total of 9,271 health facilities      across the country were damaged or destroyed in the floods.

Housing

	There      was a housing unit shortfall in excess of 8 million, which was growing by 300,000      houses annually. 30 million people in the country were either homeless or      had been accommodated by their relatives.
	More      than 50 per cent of the urban population lived in slums in the county.      Between 600 to 800 slums sheltered about 7.6 million people in Karachi.
	Nearly      1.9 million houses were destroyed or severely damaged in the floods.
	173      people were killed and 241 injured in collapse of buildings countrywide.

Environment

	A 55%      cut was made in allocations for the Environment Ministry.
	Estimated      damage to environment cost Pakistan nearly a billion rupees a day. Annual      monetary loss the country suffered due to environmental degradation      constituted 6% of the GDP.
	Despite      an official ban on deforestation since 1993, 155,000 hectares of      forestland were declared non-forest and converted into commercial      residential areas.
	22,000      people in Pakistan lost their lives every year on account of air      particulate pollution.
	Solid      waste collection agencies only cleared 50% of the waste generated.
	Over      400 million gallons of untreated industrial water from Karachi was being      discharged into the sea daily.

Refugees

	109,383      registered Afghan refugees returned to Afghanistan, while another 1.6      million registered Afghan refugees remained in Pakistan.
	Nearly      seven million people were forced from their homes in the floods. Even as      floodwaters receded in many areas, millions remained in tents, with their      houses destroyed and livelihoods lost.
	There      were around 1.3 million conflict displaced in the country.
	At      least 400 children went missing during the flood emergency.
	500      flood-displaced Ahmadi families in South Punjab were denied relief and      shelter on account of their faith.]]>
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			<title>Rape victims denied justice</title>
			<link>https://tribune.com.pk/story/129417/rape-victims-denied-justice</link>
			<comments>https://tribune.com.pk/story/129417/rape-victims-denied-justice#comments</comments>
			<pubDate>Tue, 08 Mar 11 08:25:33 +0500</pubDate>
			<dc:creator>
				<![CDATA[afp]]>
			</dc:creator>
			<category><![CDATA[Punjab]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=129417</guid>
			<description>
				<![CDATA[Kiran thought the women had come to help her. Instead they passed her on to two men, who raped her at gunpoint.]]>
			</description>
			<content:encoded>
				<![CDATA[Kiran thought the kindly women had come to help her after floods devastated her village. Instead they passed her on to two men, who raped her at gunpoint.

The 19-year-old student said three women took her from her home in the district of Rajanpur last summer, saying aid was being distributed for flood victims and they would get her food.

"But they took me to another house away from my home and handed me over to two sons of one of the women," a tearful Kiran told AFP, her eyes reddening behind her black veil.

The men forced her to sign marriage papers at gunpoint and then raped her twice, telling her it was in revenge for her father being nominated to a village committee to help victims of the worst floods in the country's history.

"They had a feud with my father who had just been appointed as a member of the relief committee of our village," she said.

"They wanted to teach him a lesson. They told me: 'if he can't protect his daughter, he can’t help the village either'."

Almost a thousand women were raped in Pakistan during 2010 while more than 2,000 were abducted and almost 1,500 murdered, according to the Aurat Foundation, an organisation working for the protection of women in the country.

A further 500 were the victims of "honour killings", a custom under which relatives and other fellow tribesmen kill a woman if they believe she had an affair.

Another woman, Saira Bibi narrowly honour killing after an enemy of her father accused her of adultery.

"When a Karo-kari is declared, it is not the facts that count but the accusations," she said.

"When someone is accused of adultery, even if the person is innocent, she knows she can be killed. Sometimes, if a woman smiles at a man, she is declared Kari by enemies who are going to complain to the tribal chief."

Saira may have escaped with her life, but she was kidnapped and raped after being declared Karo-kari when her father refused to obey the orders of a local feudal lord.

Refusing to hand her over to tribal "justice", her father moved his daughter away to, he hoped, safety, but she was kidnapped by a chieftain who imprisoned and raped her for a year.

The police eventually freed her but she later gave birth to the rapist's daughter.

"Even my husband did not support me and teamed up with the tribal chief," she said from her bed, finally finding safety in a women's shelter. "I was kept with many other girls, I even saw a few of them getting murdered."

The suffering of Pakistan's women is writ large in more terrible statistics released ahead of the centenary Tuesday of International Women's Day, an annual global celebration of female achievement.

Over 600 women committed suicide. Another 70, aside from rape victims, were sexually assaulted while almost 500 reported domestic violence. Among the victims, 70 were burnt or had acid thrown at them, according to the Aurat Foundation, which campaigns for women's rights.

"The figures present a grim picture of the overall state of affairs regarding violence against women in the country," the foundation said in its annual report.

There were 8,000 offences against women last year, but activists say the true number could be far higher.

"The main issue in Pakistan is the poor implementation of law, there is no rule of law, people manipulate the law," said Rabeea Haadi, the Aurat Foundation's national coordinator.

The shelter where Saira has finally found refuge, which sits next to lush green fields, was set up by Mukhtar Mai, near the spot where she herself was raped nine years ago.

She now helps protect women facing threats at the hands of influential men.

"There are dozens of cases like Kiran and Bibi," she said. "We can't fight against such incidents until we establish a fair judicial system and all the victims get justice."

Activists are unhappy with the government’s efforts to improve the situation for female victims in the country.

"Almost 85 percent of Pakistani women are subject to domestic violence at least once in their lifetime and most repeatedly during their life," said Tahira Abdullah, the country's leading female rights activist.

"The police stations are on the payroll of the feudal and the tribal chieftains, if a woman is kidnapped and raped or gang-raped by a son of a feudal landlord and his friends, who is she going to go to?"

All names have been changed to protect the identity of the victim]]>
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			<title>Women's empowerment: Reflecting on the highs and lows</title>
			<link>https://tribune.com.pk/story/117732/womens-empowerment-reflecting-on-the-highs-and-lows</link>
			<comments>https://tribune.com.pk/story/117732/womens-empowerment-reflecting-on-the-highs-and-lows#comments</comments>
			<pubDate>Sat, 12 Feb 11 06:15:08 +0500</pubDate>
			<dc:creator>
				<![CDATA[maryam.usman]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=117732</guid>
			<description>
				<![CDATA[‘Much has been done but much still needs to be done’.]]>
			</description>
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				<![CDATA[It all began on February 12, 1983, when outspoken lawyers, doctors and activists stood up against the discriminatory treatment meted out to women in the country.

“It wasn’t like the way people struggle these days. That movement stood for education of women, alleviation of poverty,” reminisced Rights and Social Activist Nageen Hyat, who was part of the movement back then.

They were protesting against cutting education to girls, schools being bombed, teachers being victimised and killed, and the imposition of burqa in wake of the so-called ‘Islamisation’ of Pakistan.

The movement was instigated by Women’s Action Forum, founded by Hyat in 1981, after Fahmida and Allah Buksh were sentenced and stoned to death under the Zina Ordinance.

The security forces tried to silence their voices by charging them with batons and throwing them in the lockup. But their voices were not crushed, and the day went down in history as “National Women’s Day”. The day reflects the force used by women representatives for acquisition of their legal rights.

Commemorating the day, Aurat Foundation and Oxfam-GB jointly organised an event to pay tribute to “Women’s Leadership at Grassroots Level: Actions &amp; Achievements” on Friday at Islamabad Hotel. Prominent social figures including Asma Jehangir, Nageen Hyat and Dr Samina Khan among others actively participated in the event.

Hyat said, “Most laws are un-Islamic and against women and minorities. The Islamisation process was forced upon the nation from 1979 onwards and the Hadood Ordinance with its retrogressive measures became firmly entrenched in Pakistan’s political and legal system.… Change can come only through education.”

Mukhtaran Mai, the chief guest and an icon of struggle and courage in Pakistan and abroad, shared snippets of her poignant struggle, “I’m uneducated and hail from a conservative and average origin where women do not have a strong social or financial status.

“I did not even know what organisation meant before 2002, when I mustered up the courage to form my own. We all know what happened. Yet I was fortunate enough to meet educated women through the foundation. They lent me support and I mustered the courage to stand up. Today I’ve built a school, a shelter home and a resource centre for girls.”

Aurat Foundation had invited representatives of groups of women leaders to share their stories of struggle for gender equality and political rights with women from grassroots invited at the event.

Women’s Leaders Group comprises fifty women leaders from thirty districts of Pakistan, who are provided leadership training by the foundation.

The foundation’s Chief Executive Office Naeem Mirza started by narrating the story of injustice and violence against Haleema Bhutto. He read out an appeal by her, demanding justice. She said, “If they [the government] can’t give me justice after sitting on Benazir’s seat, then what good are they for?”

The session took a sombre air, moving many to tears.

Haleema Bhutto, from Ghotki is currently entrenched in front of the National Press Club in Islamabad. In March 2010, her husband declared her kari, and the village panchayat declared her punishable by death. To save her life and struggle for justice, she came to Islamabad. She will remain persistent until justice comes.

Then representatives of the foundation from different cities gave in-depth accounts of their activities and work for women.

Notably, Qamar Bano from Jacobababad founded the Madiha Welfare Centre to cater to women with disabilities and teach their skills.

Another centre for education and skills’ development in Rawalpindi has so far registered 600-700 girls, who will get educated till matriculation, according to Razia Sultana, the foundation’s representative from Rawalpindi.

Women might have marked the day as their own, but their fight is far from over. Women still face numerous threats and dangers in the name of honour, said an emotional Dr Amna Solangi. Similarly Supreme Court Advocate Sarkar Abbas highlighted the discrimination being faced by female lawyers, especially in elections in bar associations.

Published in The Express Tribune, February 12th, 2011.]]>
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			<title>Rape and rhetoric</title>
			<link>https://tribune.com.pk/story/93270/rape-and-rhetoric</link>
			<comments>https://tribune.com.pk/story/93270/rape-and-rhetoric#comments</comments>
			<pubDate>Wed, 22 Dec 10 19:06:26 +0500</pubDate>
			<dc:creator>
				<![CDATA[nadir.hassan]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=93270</guid>
			<description>
				<![CDATA[The she-was-asking-for-it brigade, apart from their moral failings, exhibit a clear ignorance of the nature of rape.]]>
			</description>
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				<![CDATA[Ask a hundred people what they think of rape and not one will claim to be in favour of it. No matter what perverse morals and desires they might keep hidden, everyone — a random feudal politician or two excepted — will get indignantly irate if you so much as suggest they might be indifferent to the plight of rape survivors.

Question them a bit closer, though, and you will soon hear that dreaded weasel word: But. Of course she shouldn’t have been raped but did you see what she was wearing? I think rape is evil but why was she alone with a boy? Rape is a horrific crime but our girls today have loose morals.

Politicians, police, press — all have reacted to the gang rape of a young woman in DHA, Karachi, as if they have suddenly contracted a nasty case of on-the-other-hand fever. Normally immune to nuance, they are now discovering the benefits of equivocation at the cost of a rape survivor who has had her character and moral judgment dissected.

It is not enforcing political correctness to insist that there is a correct way to speak about rape survivors. And provincial information adviser Sharmila Farooqui said all the wrong things. In naming the victim, Farooqui snatched her prerogative to decide if she wants to publicly identify herself. She also succumbed to one of the oldest sexist tropes, describing the victim as “hyper”, never considering that staying cool, calm and collected may not be possible after being raped.

The she-was-asking-for-it brigade, apart from their moral failings, exhibit a clear ignorance of the nature of rape. A desire for power and control are a far greater motivation for rape than sexual urges. Grouping rape survivors by class, lifestyle and choice of clothing would show that they represent a crosssection of Pakistani women. This should be blindingly obvious. After all, what do Mukhtaran Mai and the survivor from DHA have in common, other than the crime committed against them? But we, as a nation, keep demonstrating that we need to be reminded of basic truths ad nauseam.

Whether through moral blindness, callowness or unfamiliarity with the issue, by treating rape as a provocation rather than an act of aggression we allow this attitude to diffuse throughout society. Think of how many times you have used rape as a punchline to a joke that nobody should laugh at, but too many do. Date rape and prison rape jokes are so common that they have spawned entire genres at the cinema and on television. One such joke may seem harmless but collectively they contribute to make rape seem like something less than a violent crime.

A blasé attitude towards rape leads even progressives to wish it away. When WikiLeaks’ Julian Assange was arrested for rape, too many liberals treated the charges as a distracting sideshow. They were understandably keen to protect his image as a whistle-blowing hero. That should not have led several commentators to dismiss the accusations of being nothing more than ‘sex by surprise’, a phrase meant to be dismissive, but which is just an euphemism that tries to whitewash rape. Certainly, it would have been fair to wonder if the timing of the accusations were politically motivated, but to reject that the allegations amounted to anything worth taking seriously was a shining example of reflexive misogyny.

In the days to come, there will be many worthy criticisms of the way the police collects evidence, how politicians dodge the topic and how the media sensationalises everything. Let’s look at our own language and rhetoric before that.

Published in The Express Tribune, December 23rd, 2010.]]>
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			<title>Handling of rape cases</title>
			<link>https://tribune.com.pk/story/93263/handling-of-rape-cases</link>
			<comments>https://tribune.com.pk/story/93263/handling-of-rape-cases#comments</comments>
			<pubDate>Wed, 22 Dec 10 18:50:44 +0500</pubDate>
			<dc:creator>
				<![CDATA[editorial]]>
			</dc:creator>
			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=93263</guid>
			<description>
				<![CDATA[The conduct of authorities in the rape case raises fears that justice may not be served.]]>
			</description>
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				<![CDATA[It is hard to ensure that justice will be served when authorities are not convinced that a heinous crime has been committed. The response of the police to the gang rape of a young woman in Karachi shows that they are indulging in odious blame-the-victim behaviour. It is not their job to cast aspersions on the moral character of victims or pass comment on their testimony. It is also inappropriate for anyone — be it the media or politicians — to identify rape victims by name, as happened in this case. There is a longstanding directive from the Supreme Court to not name rape victims unless they themselves wish to come out in the open, as was the case with Mukhtaran Mai. This is a universally accepted norm, as it brings undue attention to the victim and takes focus away from punishing the culprits.

The conduct of authorities in this case raises fears that justice may not be served. Sources in the police have hinted that the suspects may have strong political connections. As we saw in the Dr Shazia Khalid rape case of 2005, political clout can be an impediment to justice. It has been established by a medico-legal report that the woman had been raped. Now it is the media’s job to ensure that the case doesn’t suffer from collective amnesia once the initial flurry of attention has died down.

There is an urgent need to review Pakistan’s rape laws. In 2006, Pervez Musharraf’s government stipulated that rape cases be tried in civil rather than Sharia courts. However, if a woman is unable to prove that she has been raped, she can be tried for adultery in both courts. The Human Rights Commission of Pakistan estimates that a rape occurs in Pakistan every two hours and a gang rape every eight hours. Not all these women are able to prove that they have been raped. Until laws against rape are modernised, justice for rape survivors will only be partially served.

Published in The Express Tribune, December 23rd, 2010.]]>
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			<title>Five years on: Mukhtar Mai’s quest for justice resumes</title>
			<link>https://tribune.com.pk/story/84274/five-years-on-mukhtar-mai%e2%80%99s-quest-for-justice-resumes</link>
			<comments>https://tribune.com.pk/story/84274/five-years-on-mukhtar-mai%e2%80%99s-quest-for-justice-resumes#comments</comments>
			<pubDate>Wed, 01 Dec 10 05:05:27 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=84274</guid>
			<description>
				<![CDATA[Supreme Court bench hears appeals against the acquittal of the accused.]]>
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				<![CDATA[The Supreme Court on Tuesday resumed its hearing into the Mukhtar Mai rape case that has been pending before the apex court since 2005. Barrister Aitzaz Ahsan, the counsel for Mukhtar Mai, argued the case.

A three-member bench of the apex court headed by Justice Mian Shakirullah Jan and comprising Justice Nasirul Mulk and Justice Mian Saqib Nisar was hearing four appeals each filed by the state as well as Mukhtar Mai   against the acquittal of the accused in the case.

In 2002, Mukhtar Mai, a resident of Meerwala, Muzaffargarh district, allegedly became a gang rape victim (as a form of honour revenge) on the orders of a ‘panchayat’ of a local Mastoi clan. An anti-terrorism court convicted six men in the case and sentenced them to death on August 31, 2002. The convicts moved to the Lahore High Court (LHC), which acquitted the five of them on March 3, 2005.

The federal government decided to appeal against the acquittal. In the meantime, the Federal Shariat Court (FSC) overruled the decision of the LHC and the accused were arrested again. But the apex court overruled the decision of the FSC and held that it did not have the authority to intervene. The court decided to hear the case itself.

Chaudhry Aitzaz Ahsan submitted that there were 14 accused in the case, of which six, including Abdul Khaliq, Ghulam Farid, Muhammad Ramzan, Muhammad Fayyaz, Allah Dita and Faiz Muhammad, were convicted by the trial court.

He further said that Abdul Khaliq and Ghulam Farid were also awarded punishment. Ahsan further contended that Faiz Muhammad, Muhammad Fiaz, Allah Ditta and Muhammad Ramzan were sentenced to life imprisonment with a fine of Rs20,000 and 30 stripes under Section 11 of the Hudood Ordinance read with 149 PPC.

Ahsan also provided details of the other eight accused acquitted by the court, besides reading out the contents of the FIR lodged by Mukhtar Mai on June 30, 2002. He informed the court that four men raped Mukhtar Mai at gun point on June 22, 2002. The court, after hearing Aitzaz Ahsan’s preliminary arguments, adjourned the hearing till Wednesday.

Published in The Express Tribune, December 1st, 2010.]]>
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			<title>The burden of shame</title>
			<link>https://tribune.com.pk/story/45721/the-burden-of-shame</link>
			<comments>https://tribune.com.pk/story/45721/the-burden-of-shame#comments</comments>
			<pubDate>Thu, 02 Sep 10 21:51:11 +0500</pubDate>
			<dc:creator>
				<![CDATA[ayesha.tammy.haq]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=45721</guid>
			<description>
				<![CDATA[The state is rotten to its core. And if the core is rotten then the fruit is bad. Is it an irretrievable situation?]]>
			</description>
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				<![CDATA[Television is a great medium, keeping us informed — but hang on what does being informed mean? Is informed being told, provided with information, made aware? Does being informed mean being knowledgeable? Or is it just a case of too much information? As we lurch from bloody and graphic scenes of extrajudicial killings to spot-fixing in cricket we explode with righteous indignation.

Firdous Ashiq Awan, who we all love to hate, came on television and said the two boys who were killed in Sialkot were criminals. It is a shame that a member of the federal cabinet would need to talk about the reality of extrajudicial killings being the norm in that particular district. That this was the only way alleged criminal activity is dealt with and ‘justice’ by the mob is meted out. It is a shame that this is not discussed in parliament. It is a shame that there is no attempt to reform the police. The greatest shame, however, is that we do not listen, we do not hear and we do not comprehend. Ms Awan’s statement tells us a lot. It tells us that there is no rule of law, that this is not a situation peculiar to Sialkot. We didn’t listen when it happened to Mukhtar Mai, to Dr Shazia Khalid, to Kainat Soomro, to the five women buried alive, to the Ahmadis killed in Lahore, to the Christians killed in Gojra, we have never listened.

The cricket spot-fixing scandal has not just hit the headlines in Pakistan; it’s big news in every cricket-playing country. While we shout ourselves hoarse on yes they did it, no they didn’t, it’s a Zionist conspiracy, it’s a set-up, sack everyone, send them to Sialkot, before and after photographs of a cricketer’s home are flashed on our screens. It’s a rags-to-riches-in-one-year story. Send them to Sialkot? Good grief, it is true we do not listen. How that particular cricketer got so rich so fast may be a thought that would cross one’s mind but if you had a system in place whereby you were accountable by declaring your assets and paying taxes we may not be calling for people to be sent to meet their maker at the hands of a mob in Sialkot.

The state we say is rotten, rotten to its core. And if the core is rotten then the fruit is bad. Is it an irretrievable situation? We come together to help each other in crisis; millions of Pakistanis are helping millions more who have been displaced by the floods. They have shown their humanity time and time again. They cannot all be labelled as bad. Our institutions are fledgling and constantly under attack. Parliament must be allowed to function and it must respect the judiciary. They both need to realise that they need each other to survive. Calls for a French Revolution and the military to rid us of our corrupt politicians are not the answer. Why do we need a bloody cleansing when we can do it by implementing the rule of law, by applying it to every single citizen, by enforcing it when there are transgressions, by not making exceptions?

We may be ashamed of what has happened but do we understand it? There is a great UB40 song about Britain, colonialism and apartheid and the lyrics go: “I’m a British subject, not proud of it, while I carry the burden of shame.”

Nothing happens in a vacuum, there is a context to everything and if we want to be proud to call ourselves Pakistani we should do something about our burden of shame.

Published in The Express Tribune, September 3rd, 2010.]]>
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			<title>Against all odds</title>
			<link>https://tribune.com.pk/story/30418/against-all-odds</link>
			<comments>https://tribune.com.pk/story/30418/against-all-odds#comments</comments>
			<pubDate>Sun, 25 Jul 10 09:44:00 +0500</pubDate>
			<dc:creator>
				<![CDATA[zahid.gishkori]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category><category><![CDATA[Life &amp; Style]]></category><category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=30418</guid>
			<description>
				<![CDATA[All these years later, and Mukhtaran Mai (also known as Mukhtar) is still fighting her case.]]>
			</description>
			<content:encoded>
				<![CDATA[All these years later, and Mukhtaran Mai (also known as Mukhtar) is still fighting. 

Despite the support she eventually gained as a cause célèbre, victim of one of Pakistan’s more infamous crimes against women, in spite of the help provided to Mukhtaran nationally and internationally, her trials are far from over, and amazingly, all these years later, the politicians of Muzzaffargarh are still pressuring her to withdraw her case or face dire consequences. But Mukhtaran, as the world has seen, is not a woman easily bowed.

“I want to remain a symbol for oppressed women until someone shoots me,” she says, without a second thought.

This is a very real possibility, as her persecution and by extension the persecution of her family continues unabated. She claims that Federal Minister for Defence and Production, Sardar Abdul Qayyum Jatoi and MNA Jamshed Dasti continuously threaten her father Ghulam Fareed for a compromise with the Mastoi clan, fourteen members of which are in jail facing life-imprisonment.

“The culprits should remain in jail forever,” she says. “I will never take any decision to withdraw my case from the Supreme Court of Pakistan.”

The feudal bigwigs of the Jatoi, Mastoi and Dasti clans have tried varying means of intimidation, including threatening the seven policemen deployed around her house in Meerwala. “Now they are reluctant to stand guard outside my home and at the girls’ school,” she said.

Mukhtaran’s strongest condemnation though is still reserved for a system which is rotten to the core, the politics of rape in Pakistan which often turn the victim into the criminal — this is the loophole her rivals in Jatoi Tehsil are exploiting to harass her. But she is determined to fight not only for herself but for countless other women through the Mukhtar Mai Women’s Welfare Organisation, which she claims is the only source of relief for the women of southern Punjab. “Donors from Canada and Norway are sponsoring million of rupees annually to run it,” she says.

The Mukhtar Mai Girls Model School, opened with assistance from the Mukhtar Mai Foundation eight years ago, is the first of its kind in Punjab since it offers education to those girls who wouldn’t otherwise have this opportunity. At least three million rupees are spent in educating 650 girls, who would ordinarily face a dismal future. More than 50 employees work for her organisation to run small projects in far flung areas of Punjab and there are 12 women in her Women’s Resource Centre and Shelter Home, all of whom have been thrown out of their homes and disowned by their families in the name of that old chestnut, honour.

Mukhtaran’s drive to bring about change is not merely the result of her well-documented ordeal. She is only too familiar with injustice and deprivation, hailing from Pakistan’s powerless. Her father is a woodcutter and her brothers have blue collar jobs in Mirwala.

Mukhtaran staunchly denies rumours that her personal financial status is that of a billionaire as a result of the financial assistance of foreign donors. “I had money in the billions but I spent it on a school for girls and other organisations assisting women,” she said.

Mukhtaran and her three adopted daughters subsist on the Rs 17,000 monthly stipend of her second husband Nasir Gabol, a policeman, spending on welfare projects the donations that have been made for her cause and in her name, though she has purchased a small flat in the Sabzazar district of Lahore.

On the subject of the law to protect women from harassment, she said that while laws may technically be in place, a paradigm shift is required to implement them. “Women legislators should be more realistic and they must do something for the implementation of the laws which assure the safety of women,” Mukhtaran says.

Her efforts to change the system whereby women are other people’s pawns, sold into virtual slavery, or presented as peace-offerings to settled disputes, are to be awarded with an honourary doctorate from Laurentian University of Canada.

Talking about her lawyer, the celebrated campaigner and barrister Aitzaz Ahsan, she says that he never charged a penny for any of the work he did on her case in the apex court. “He is a man of principle and an iconic character in the judiciary,” Mukhtaran says, adding that his wife Bushra always went out of her way to encourage and help her.

Mukhtaran laments that religious conservatives wield a great deal of power which they use to effectively objectify women and put them in a position whereby they cannot raise their voice against injustice in rural areas, where this conservative view is the dominant one. But there is hope, as evidenced by the national and international media. “The media always stood firm behind me for the rights of women,” she says. “It is the political elite who support the guilty and ignore innocent, powerless women who need justice from them.”

“The local politicians termed my tragedy the Jatoi’s ‘dirty linen’ saying that it shouldn’t be washed in the glare of local attention. If my tragedy is ‘dirty linen’ then their (Politicians) act of gang rape is a ‘turban of honour for waderas’,” she says.

She plans to open welfare centres for women in Kot Addu, Rajan Pur, Dera Ghazi Khan and Layyah. “My family has no land to cultivate and we always worked in landlords’ fields for a living. This was why I could not go to school. But now I can make a
difference.”

Published in The Express Tribune, July 24th, 2010.]]>
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			<title>Being a woman in Pakistan</title>
			<link>https://tribune.com.pk/story/26052/being-a-woman-in-pakistan</link>
			<comments>https://tribune.com.pk/story/26052/being-a-woman-in-pakistan#comments</comments>
			<pubDate>Tue, 06 Jul 10 17:52:23 +0500</pubDate>
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				<![CDATA[tazeen.javed]]>
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			<category><![CDATA[Opinion]]></category>
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				<![CDATA[It is not easy being a woman anywhere in the world but it is a tad more difficult being a woman in Pakistan.]]>
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				<![CDATA[It is not easy being a woman anywhere in the world but it is a tad more difficult being a woman in Pakistan. Last week, we saw two gang rape victims in headlines again for all the wrong reasons.

Mukhtaran Mai was reportedly threatened by a sitting MNA from treasury benches, Mr Jamshed Dasti, to settle the ‘dispute’ outside the court and let go of the criminals who have been sentenced earlier. For starters, it was not a mere dispute. It was a heinous crime, perpetrated against a helpless woman. The criminals were awarded punishment after a long probe yet the parliamentarian justifies defending them by saying that the court awarding the punishment were pressurised by anti-Islamic lobbies. Forget taking any serious action, the sad reality is that although the MNA is in contempt of court, neither the government, nor the opposition parties issued condemnation against his threats to a victim who has been battling it out for eight long years against all odds.

Kainat Soomro, a minor who was gang raped three years ago, is still fighting her case in the court of law. Her older brother, who was fighting the legal battle with her and was abducted three month ago, was found dead a few days back. The murder clearly was a message from the culprits to Kainat Soomro and her family that they too will face a similar fate if they do not take back the case.

Crimes against women are not exclusive to Pakistan, what makes them more painful and inhumane is lack of judicial recourse for the victims. There are no systems and procedures in place where women can access justice without spending a lifetime and fortune in courts, facing a multitude of threats and social ostracisation.

Aqsa Parvez was a high school student in Toronto who was murdered by her father and brother for not wearing a headscarf in 2007. Similar crimes go unpunished in Pakistan but not in a country where rule of law exists for all its citizens, including underage girls. The prosecution was taken up by the state and Aqsa’s father Muhammad Parvez and her brother Waqas Parvez, who pleaded guilty to second-degree murder, were sentenced to life imprisonment, with no eligibility for parole until 2028.

Those who have seen Harry Potter films would be familiar with the character of Padma Patil, a witch at Hogwarts. The character was played by an actress of Pakistani origin Afshan Azad. A few weeks back, Afshan was beaten and throttled by her father and brother because she was heard talking on the phone with her Hindu boyfriend. Although they used violence against her, Afshan still loves her family and is pleading for violence charges to be dropped against her father and brother because she does not want them to go to jail. However the prosecution services in England takes these matters very seriously and intend to proceed with the case even if the victim retracts the statement.

Our penal code is inherited from the days of the Raj, if they can modernise the legal system and ensure that no pressure on the victims can retract criminal charges, so can we. If our laws had been friendlier to the victims, Kainat’s brother may still be alive. If we had sent better people to the assemblies and not people who openly flout the law and threaten rape victims, we may have been able to come up with better legislation. If we had better legislation, we may have made an example out of some criminals like Canadian courts did with Aqsa Parvez’s father and brother. If only.

Published in The Express Tribune, July 7th, 2010.]]>
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			<title>Mukhtaran &amp; Meena</title>
			<link>https://tribune.com.pk/story/25857/mukhtaran-meena</link>
			<comments>https://tribune.com.pk/story/25857/mukhtaran-meena#comments</comments>
			<pubDate>Mon, 05 Jul 10 18:13:52 +0500</pubDate>
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				<![CDATA[farzana.versey]]>
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			<category><![CDATA[Opinion]]></category>
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				<![CDATA[How did a rape victim become an icon and why?]]>
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				<![CDATA[How did a rape victim become an icon and why? Is Jamshed Dasti a stand-alone, callous bloke trying to use pressure and clout to stifle justice or is he representative of the pugnacious social structure? Mukhtaran Mai’s bravery is a personal one, I am afraid. There has not been a spurt of such court cases; it has not sensitised people at the ground level; it has not resulted in understanding of what rape, especially gang rape, conveys.

Meet Meena. She heard the screams. Her husband lay in a pool of blood. Before she could do anything, the men had pounced on her. After some time she managed to drag herself and get help. She then went to file a complaint. The cops tittered, looked at her breasts above her pregnant belly and said: “Doodh pila de”. She yelled out helplessly. Months later, life was still miserable, now with an incapacitated husband and fear. “They barricaded most of the area. If I left the hut for long they’d break it again. It was so bad that we had to defecate inside on sheets of paper and I’d carry the excreta and throw it on the other side, which was a swamp,” she said.

I was sitting with her far from the cold floor, but her story was chilling. She was indirectly caught in a fight between two builders. Her husband worked for one. The rival hired a goonda gang. This was cosmopolitan Mumbai and they were only earning a living. Until that day, a day that she had to leave behind even as she went looking for work and visiting the police station. Justice was being scraped out painfully; it could not be brandished in bold letters.

Does it all end after the devastation of riots, militant attacks, wars? No. Brutalisation is only the outer manifestation. Women become double victims — first of the actual battle and then of the ideology. In the days when sati was a sanctified institution, the motive was to save women from marauding enemy armies. But, what was being protected —their lives or their sexuality? We have heard about victims marrying their rapists. These are literal demonstrations of masculinisation of power.

Jamshed Dasti’s ‘compromise’ formula is based as much on the tribal laws that forced Mukhtaran’s rape. She was the price they had to extract for another’s ‘sin’. The urban politician is using a similar yardstick and, much as his views are reprehensible, there are often coteries that take over a symbol to showcase their concern for the co-existence of feminism and tradition. Mukhtaran has been hawked like fusion cuisine.

She has become a cliché for injustice and, ironically, even more exploited. The value system and marketing machinery are patriarchal. The victim woman who fights, becomes a canonised caricature, so beloved of the Wsest and the westernised, leaving little room for the voiceless. It is appalling that we cheer when a case gets international exposure. Our media gives them the exotic version when in those countries date rapes, incest and teen pregnancies are a common occurrence. How many of their victims are seen as icons?

Had Jamshed Dasti been worried about the international repercussions he would have shut-up. He is concerned about the local constituency. For all those disparaging him, yes, he is for real. If we look deeper, then he is what many surrounding us are about, including women who accept the status of trophy wives and state, “It’s okay if my husband goes here and there as long as he comes home to me at the end.”

If we have said or heard this and not given it a second thought, then Dasti’s crime is not very different from ours.

Published in The Express Tribune, July 6th, 2010.]]>
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			<title>Mukhtar Mai and Jamshed Dasti (II)</title>
			<link>https://tribune.com.pk/story/25031/mukhtar-mai-and-jamshed-dasti-ii</link>
			<comments>https://tribune.com.pk/story/25031/mukhtar-mai-and-jamshed-dasti-ii#comments</comments>
			<pubDate>Thu, 01 Jul 10 17:45:55 +0500</pubDate>
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				<![CDATA[There are two things that Aitzaz Ahsan should do immediately. First, he needs to make sure that criminal charges are brought against Mr Dasti and his supporters because it is a crime to threaten and intimidate witnesses in a criminal case. Secondly, as a member of the PPP, he should condemn Mr Dasti and demand that his party punish him for his criminal behaviour. Failing that, Ahsan should either resign from the PPP or resign as Mukhtar Mai’s lawyer.

And here is something the rest of us can do: acknowledge our role in letting Ms Mai down. She made a supreme sacrifice for us. We made none in return. Instead of whining about politicians, we should be camping outside her house.

Published in The Express Tribune, July 2nd, 2010.]]>
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			<title>Mukhtar Mai and Jamshed Dasti</title>
			<link>https://tribune.com.pk/story/25030/mukhtar-mai-and-jamshed-dasti</link>
			<comments>https://tribune.com.pk/story/25030/mukhtar-mai-and-jamshed-dasti#comments</comments>
			<pubDate>Thu, 01 Jul 10 17:45:19 +0500</pubDate>
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				<![CDATA[This is with reference to your report “Mukhtar Mai in Jamshed Dasti’s crosshairs” (June 30). My question to society is: how many times do women have to be raped for us to wake up and get them justice? For generations, women like Mukhtar Mai have fought rapists and their protectors, fearing death and harm to their families.  Jamshed Dasti, a PPP legislator, should be booted out of office. Most Pakistanis are too timid to take the risk of helping a battered woman. There has been a very superficial reaction to rape and mistreatment of Pakistani women. Most people’s sympathy is only skin deep — they continue to regard victims as second class citizens, condemned to their fate. Until this apathetic attitude changes and people in power stop protecting criminals, women will be raped, assaulted and abused.

Published in The Express Tribune, July 2nd, 2010.]]>
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			<title>Mukhtar Mai in Jamshed Dasti’s crosshairs</title>
			<link>https://tribune.com.pk/story/24717/mukhtar-mai-in-jamshed-dasti%e2%80%99s-crosshairs</link>
			<comments>https://tribune.com.pk/story/24717/mukhtar-mai-in-jamshed-dasti%e2%80%99s-crosshairs#comments</comments>
			<pubDate>Tue, 29 Jun 10 21:48:43 +0500</pubDate>
			<dc:creator>
				<![CDATA[zahid.gishkori]]>
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			<category><![CDATA[Pakistan]]></category><category><![CDATA[Punjab]]></category>
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				<![CDATA[Jamshed Dasti has allegedly threatened gang-rape victim Mukhtar Mai to withdraw her appeal against the accused rapists.]]>
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				<![CDATA[Pakistan Peoples Party (PPP) legislator Jamshed Dasti has allegedly threatened gang-rape victim Mukhtar Mai to withdraw her appeal in the Supreme Court against the accused rapists.

In an exclusive interview with The Express Tribune, Mukhtar Mai, an iconic character who came to the limelight for her brave fight for justice after being gang-raped, has alleged that MNA Jamshed Dasti is threatening her family through his emissaries to withdraw the case or face dire consequences.

In 2002, Mukhtar Mai, a woman from a remote district of Southern Punjab Muzaffargarh, was allegedly gang-raped by order of her tribal council as punishment for her younger brother’s alleged relationship with a woman from a powerful clan. Instead of living in shame, as is the case with most victims in Pakistan, Mukhtar set a valiant precedent by pursuing justice and knocking on the door of the court.

“Mr Dasti threatened me last week through his messengers in Mir Wala (Muzaffargarh) to withdraw my case from the apex court and to compromise with the Mastoi Brathery, 14 members of whom are in prison,” Mukhtar Mai said in an exclusive interview with The Express Tribune.

Mukhtar also alleged that Dasti, through the supporters of Federal Minister for Defence Production, Sardar Qayyum Jatoi, whose constituency she lives in, is putting pressure on her family in all sorts of ways.  She said that her 60-year-old father, who is a woodcutter by profession, had also been warned that he would have to face the music.

In a message to her brother Hazoor Bakhash, Jatoi’s supporters had been pressing the family to ask DPO Muzaffargarh to remove the police check post from outside their house, she said, adding that her family was in immense fear and did not know how they would survive in Mir Wala if this sort of pressure is kept up.

She said that she had visited Aitzaz Ahsan, her lawyer, in Lahore and briefed him on the situation last week, requesting him to ask the authorities concerned to ensure the safety of her and her family. Aitzaz, who she said has not charged a single penny for the case, asked her to keep resolute; the case, he ensured, will soon be taken up by the Supreme Court and justice will be delivered, said Mukhtar.

Meanwhile, when approached by The Express Tribune, an unabashed Jamshed Dasti, who is no stranger to controversy, confirmed that he had indeed requested Mukhtar to reach a compromise on the matter.

He claimed that the judgment delivered by the then Anti-Terrorism Court in the case was adversely affected by immense pressure from then president Pervez Musharraf and anti-Islamic lobbies. “I swear, the persons imprisoned in jail are innocent and the court has no justification giving the death sentence to the accused persons in a gang-rape case,” a furious Dasti said. The Supreme Court may take up the case and decide it within ninety days, he said, criticising Mukhtar as someone who distorted the image of Islam and played into the hands of non-Muslim NGOs.

When asked about Dasti’s unreserved comments, Justice (Retd) Tariq Mehmood told The Express Tribune that the statements amount to ridiculing and defaming the court, which has announced a proper judgment after conducting proper proceedings.

Also pointing out that the matter is subjudice, Mehmood questioned how anyone can comment on the case. Mr Dasti’s comment on an under trial case, he said, primafacia amounts to contempt of court; he could be summoned by the apex court, he added.

Only affected persons can file an appeal to seek justice from the court, he concluded.

Published in The Express Tribune, June 30th, 2010.]]>
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