Another Tayyaba
The recent case of a 14-year-old domestic worker allegedly being abused by a judge’s wife brings back memories of a similar case a few years ago (of Baby Tayyaba), and like that case, concern that the accused will be held to a lesser standard, rather than a higher one.
In the earlier case, a judge and his wife physically and mentally tortured their 10-year-old maid for several months, for which they were convicted, but only sentenced to the minimum jail term allowable — one year — and a Rs50,000 fine. Although an Islamabad High Court bench had increased their initial one-year sentence to the maximum of three years and a Rs500,000 fine on appeal, but that decision was overturned by the Supreme Court, which restored the lesser sentence. The IHC judgement noted that the only reason law enforcement pursued the case was public pressure, credited to journalists and social media. It also noted the criminal justice system’s failure to respond “to the plight of a battered and helpless child” and that the “apparent collapse of the criminal justice system for the weak and vulnerable segments of the society and its efficacy for the privileged raise serious questions regarding rule of law.”
In that light, it is concerning that the only arrest thus far in the recent case has been in Sargodha — the man who allegedly arranged the job for the girl and took her to Islamabad. While a medical report is still awaited, the girl’s family says her arms and legs were broken, and she had a head wound that had become infested with maggots, among other injuries. Yet, reports from Rawalpindi, where the judge lived, suggest the police have only taken statements so far — with the suspects blaming the girl and her family, besides accusing her of theft. It remains to be seen when the investigation actually moves into high gear.
The long delay before the government and judiciary sprang into action is heartbreaking. Judges must be held to the highest possible standard, lest they bring shame to the entire justice system. Judge not, lest ye be judged.
Published in The Express Tribune, July 26th, 2023.
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