The one thing her long saga should not lead us to do is believe that our justice system is working well. That this case has gone as far as this is due solely to Kainat’s heroism. She was rebuffed by both society and the judiciary but refused to be treated as a citizen without any rights. What should have been her natural rights at birth was instead something she had to fight for. The court’s belated realisation of its duties shows not that the judiciary is functional but that it has to be shamed into action.
While Kainat might have an opportunity for closure as her rapists are put behind bars, the same cannot be said for countless other rape survivors in the country. Perceived shame and tradition lead to most rape cases not being reported. Then, despite being illegal, jirgas and the like continue to enjoy popular support and patronage from local bigwigs and have absolutely no interest in the rights of women. The courts are lethargic and rarely empathetic. Society at large has little understanding of the causes and effects of rape. In Pakistan, Kainat is the honourable exception, not the general rule.
Published in The Express Tribune, December 20th, 2012.
COMMENTS (13)
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I missed this editorial earlier and saw it only this morning (24 Dec). There has been on the one hand a lively debate between commenters here and on the other your exceedingly well written editorial, couched in measured tones. An act of criminality does not become any less so if it is committed in one’s own society, whether it is Pakistan or India. In India there is much that we need to be ashamed of and which needs correction. Unfortunately, the hold of feudalism in the Indian hinterland is still strong: women do not receive as much respect and consideration as they should. But there is also realization that this needs to be rectified. Therein lies hope. It seems we cannot be too confident that even Sind high court will do the right thing. Often courts go by law as on the statute book and not by natural justice. Considering our historical experience – which is much the same in India and Pakistan – our courts are courts of law, not courts of justice. Seemingly, law may be upheld. But that may not amount to justice always. It is possible that Kainat may run up against influential people who can influence the court. Let us hope she gets justice. Kainat has been not only an exception but an extraordinary girl. We have seen only too often in India that victims of rape have to just shut up and suffer their humiliation because not many witnesses come forward. Much of the time rape is an activity which is not performed in public: witnesses are hard to find and, when found, they are terrorized into silence. Ordinarily, perhaps a medical examination can be crucial. V. C. Bhutani, Delhi, India, 24 Dec 2012, 0540 IST
@Introspection:
You have dealt with BruteForce with the brutality he deserves ; he dared to show us our ugly face rather than focussing on the ugly face of India . We have no flaws and need no correction : this is what you want us to introspect about ? What is your argument , Sir ? If rapes are rampant in India , does it make rapes in Pakistan holy and pious ? Every time some evil in our society is pointed out, our mighty radars come into action to survey the whole world, and the moment we find some country where that evil exists we concentrate on that and take our sights away from our own ugly features . This is the sickness of mind , Sir , which disallows us to see and rectify our own flaws and failings .
@IceSoul:
Pakistan’s ‘barbaric’ people??? Here’s today’s Newsflash (21/12/12) in the Newspapers:
“At least 20 men accused of raping women ran in Indian elections in the last five years, according to a think-tank report published amid growing outrage over the gang-rape of a student on a bus”...
Really very Civilized and ‘non-barbaric’ key Indian Role Models, ‘worthy’ of following and emulating…
Rape-stricken, Poverty-stricken, Divorce-stricken, Mental-Depression-stricken, Suicide-stricken, Corruption-stricken…and trust me, this ain’t no Bollywood illusion and or dillusion…and no magician’s slight of hand trick either…It’s real, and is happening in India…! Right now!
@IceSoul: The reason given by at least one Hindu woman in India was that she divorced over religious differences. He thought he was God, and she didn’t. Is it a normal religious norm in India that the husbands are treated as gods by their wife...or is it just in the Indian Movies??? I see where the problem could be...
@Amina Masood: Yes, it is indeed an India-Pakistan issue...the back-drop of India and Pakistan, and the rights of the Indian and Pakistani women...I don't think you meant to include the European, American, African, and Chinese women too in your response?
@Introspection:
I am not condoning anything. Putting things in perspective.
"World Bank stated, 32.7% of the total Indian people fall below the international poverty line of US$ 1.25 per day (PPP), while 68.7% live on less than US$ 2 per day."
Partially true. With respect to Pakistan much better.. Again perspective.
http://economictimes.indiatimes.com/news/politics/nation/indias-poverty-will-fall-from-51-to-22-by-2015-un-report/articleshow/9152967.cms
Poverty in India will get down to 22% by 2015, says the UN MDG report from a high of 51% in 1991, having poverty in just 2 decades. While poverty in India is decreasing, it is increasing in Pakistan.
http://tribune.com.pk/story/339764/poverty-a-stark-spectre-for-79m-pakistanis-report/
http://tribune.com.pk/story/181361/economic-survey-2010-11-has-the-real-poverty-rate-hit-43/
You cannot decrease or even fight poverty if you are growing at 3% per year and your population grows at 2%, as Pakistan has been doing in the past 5 years.
India is home to 1/6th of the Humanity and hence high poverty number. But, percentage wise better off than Pakistan. That would make 300 Million poor if we take 22% of the population. But, India being a size of a continent and its poverty stricken past its understandable. Its making an effort. Poverty will come down to 10% in another 20 years, like it happened in China. While in Pakistan it will only increase. Get the difference?
You are right on other counts though. Though misrepresenting numbers to suit your needs.
I said India is bad, but much better than Pakistan. You talk about suicides in India, but this report goes unnoticed by you.
http://dawn.com/2012/06/08/the-alarming-rise-of-teenage-suicides-in-pakistan/
Most incidences of depression and suicide are related to economic hardships. India being a success story has a better chance of meeting the challenge. As India grows faster and faster, poverty will decrease, so will the instances of depression and suicide. This will only increase in Pakistan.
@BruteForce:
It appears that you are clearly 'condoning' India's major minuses. Let me skim a few 'True or False' down for you, as a current, and contemporary refresher.
Please also be kind enough to share this with Bollywood, the Tourists, and India's Nuclear Scientists:
1,991 monthly, and 23,891 yearly criminal rape cases according to the Gregorian Calender.
Your very (so-called) Women Empowerment, has become a major cause of Divorces in India. Leading women more towards a life of hetero dissension (unless it is a promiscuous, adulterous, or fornicatory preferred mode of life), and the self-destructive and annihilatory 'Amazonian' pursuits.
Poverty in India is widespread, with the nation estimated to have a third of the world's poor. In 2010, World Bank stated, 32.7% of the total Indian people fall below the international poverty line of US$ 1.25 per day (PPP), while 68.7% live on less than US$ 2 per day.
According to 2010 data from the United Nations Development Program, an estimated 37.2% of Indians live below the country's national poverty line. A 2010 report by the Oxford Poverty and Human Development Initiative (OPHI) states that 8 Indian states have more poor people than 26 poorest African nations combined which totals to more than 410 million poor in the poorest African countries.
India, and Indian Women are the World's most depressed. A recently concluded study organized by World Health Organization has tipped India as one of the most depressed nations in the world. This study is based on WHOs’ World Mental Health Survey Initiative and has looked at developing and developed economies. It intended to look at the rate at which individuals from participating countries are falling into the trap of depression and its related disorders due to modern day pressures.The study which interviewed over 90000 individuals from 18 countries has found that the rate of lifetime incidents of major depressive episodes is highest in India sitting at 35.9%. China ranks the lowest in this category with 12 percent. The basis of the study was the average income of individuals from the 18 countries. The countries that were part of the survey included, China, India, USA, Japan, Brazil, Mexico, Spain and South Africa.
Indian Farmers Suicide Rate. A record 2.5 lakh farmers have committed suicide in India over the last 13 years. Agriculture minister Sharad Pawar's home state Maharashtra had toped the list. It had the worst record for the 10th consecutive year.So please break-out of this 'ILLUSIONERY-INDIAN-URBAN-SHAM', and start helping the real India's poor, most of them don't even have a decent pair of slippers to wear...
So what real prosperity, success, and happiness are you talking about...
@Brute Force @ introspection: This is about fundamental rights of women. NOT an India-Pakistan issue.
@Introspection: And how do you now a girl gets raped in India every 22 minutes? Did the CNN researchers see it in their crystal ball? No, its because those rapes have been reported to the police. On the other hand 99% of the rapes in Pak aren't reported because the barbaric people feel that it was the girl's fault. I myself know of 2 girls who were raped, but choose not to report it.
@Introspection:
India also represents 1/6th of the Humanity. Regarding violence in general.
http://www.aljazeera.com/indepth/interactive/2012/08/2012822102920951929.html
While I take your point that it is indeed a lot of violence against women, women are still more free, more educated, more successful than any where in South Asia, but definitely and infinitely more than in Pakistan.
In India if a woman gets raped, the media and the people back her - the victim. In Pakistan, she has to produce 4 male witnesses according to Sharia laws, as if rapes happen in the middle of busy streets. India is far far better my friend. That is why be it tourism or investment it get more than Pakistan.
@BruteForce: And what kind of a country would allow one rape every 22 minutes??? India!!! Yup, 'The Amazing India'! Their National Crime Bureau stats...(CNN). India must spend more time teaching their men not to rape women, than on Bollywood, Tourism, and Nuclear Technology...
What kind of a man wants to do something like that to any Human Being. Its a crime against Humanity.