In pursuit of justice: The story of women inmates in K-P
Murder convict Samina’s case sheds light on crimes committed by women
In custody: 298 is the number of women inmates in prisons across the province. STOCK IMAGE
PESHAWAR:
As the old adage goes, the punishment should fit the crime. However, most women at prisons across Khyber-Pakhtunkhwa are victims of circumstance and turn to a life of crime and felony because of a lapse of judgment. The story of Samina who has been convicted of murdering her sister-in-law at her brother’s behest is one such example.
The perpetrators behind Mushada Bibi’s death – her husband Amjid Ali, and his sisters, Zeba and Samina – are criminals in the eyes of the law. In May 2013, Ali left his family in Nothia Mushtaqabad with his four children on the pretext of going to the market. Before leaving, he instructed his sisters to kill his wife.
Everything was going as planned until one of his children told Mushada Bibi’s brother, Gulab Sher, that his aunts planned to throw acid on her and set her on fire.
He rushed to his sister’s house but by the time he got there, it was too late. Mushada had been shifted to Khyber Teaching Hospital (KTH) in critical condition. Since there were limited facilities to treat her wounds at KTH, Mushada was taken to Islamabad. However, she succumbed to her injuries on the way.
Sher filed a complaint against Ali and his sisters Samina and Zeba. Police managed to arrest Ali and Samina, and produced them in court. For nearly two years, the matter was heard at a local court. During the trials, both siblings denied having committed the crime while the prosecution produced witnesses, medico-legal report and evidence to refute their claim. Until the last hearing, the defence counsel cited delays in filing an FIR, contradiction in the prosecution’s witness statements and flaws in the investigation to strengthen their case. However, the court was not persuaded by these arguments and awarded a death sentence to Samina and Ali on February 27.
Women behind bars
This case has put a spotlight on women, their sentencing and incarceration. Hundreds of women are put behind bars. Statistics provided by the Khyber-Pakhtunkhwa prison department suggest there are at least 298 women inmates in prisons across the province.
At least 30 are at Central Prison Peshawar, 13 at Central Prison DI Khan, 30 at Central Prison Bannu, 60 at Central Prison Haripur, 12 at District Jail Chitral and 26 in District Jail Manseh. Similarly, there are 20 women prisoners at Kohat District Jail, 10 at Timergara District Jail, six at Mardan District Jail, 10 at Karak District Jail, 10 at Daggar District Jail and six at Charsadda Subjail. Moreover, there are 11 women inmates at prisons in Battagram, 10 in jails in Dassu, Kohistan and one at a judicial lock-up in Tank. There are five women inmates in Swabi, five in Malakand, 25 in District Jail Swat and eight in Abbottabad. Prisons in Nowshera, Upper Dir and Lakki Marwat currently do not have any women prisoners.
Crime and punishment
Mushada Bibi’s case also provides an indication of the crimes committed by women.
“There are three main types of crime for which women are arrested and convicted,” said Noor Alam Khan, a lawyer in Peshawar who is also the chairman of Voice of Prisoners, an NGO. “These include transporting narcotics, kidnapping for ransom and murder.”
According to Khan, most women are compelled to commit crimes due to poverty and the lack of education.
According to the lawyer, there are some provisions in the law whereby women accused of crimes enjoy many relaxations.
“The court usually considers their age and whether they have been influenced by others to commit the offence.”
Speaking about Mushada Bibi’s case, Khan said his organisation has appealed Samina’s death sentence in the high court in addition to 18 other cases.
Published in The Express Tribune, May 14th, 2015.
As the old adage goes, the punishment should fit the crime. However, most women at prisons across Khyber-Pakhtunkhwa are victims of circumstance and turn to a life of crime and felony because of a lapse of judgment. The story of Samina who has been convicted of murdering her sister-in-law at her brother’s behest is one such example.
The perpetrators behind Mushada Bibi’s death – her husband Amjid Ali, and his sisters, Zeba and Samina – are criminals in the eyes of the law. In May 2013, Ali left his family in Nothia Mushtaqabad with his four children on the pretext of going to the market. Before leaving, he instructed his sisters to kill his wife.
Everything was going as planned until one of his children told Mushada Bibi’s brother, Gulab Sher, that his aunts planned to throw acid on her and set her on fire.
He rushed to his sister’s house but by the time he got there, it was too late. Mushada had been shifted to Khyber Teaching Hospital (KTH) in critical condition. Since there were limited facilities to treat her wounds at KTH, Mushada was taken to Islamabad. However, she succumbed to her injuries on the way.
Sher filed a complaint against Ali and his sisters Samina and Zeba. Police managed to arrest Ali and Samina, and produced them in court. For nearly two years, the matter was heard at a local court. During the trials, both siblings denied having committed the crime while the prosecution produced witnesses, medico-legal report and evidence to refute their claim. Until the last hearing, the defence counsel cited delays in filing an FIR, contradiction in the prosecution’s witness statements and flaws in the investigation to strengthen their case. However, the court was not persuaded by these arguments and awarded a death sentence to Samina and Ali on February 27.
Women behind bars
This case has put a spotlight on women, their sentencing and incarceration. Hundreds of women are put behind bars. Statistics provided by the Khyber-Pakhtunkhwa prison department suggest there are at least 298 women inmates in prisons across the province.
At least 30 are at Central Prison Peshawar, 13 at Central Prison DI Khan, 30 at Central Prison Bannu, 60 at Central Prison Haripur, 12 at District Jail Chitral and 26 in District Jail Manseh. Similarly, there are 20 women prisoners at Kohat District Jail, 10 at Timergara District Jail, six at Mardan District Jail, 10 at Karak District Jail, 10 at Daggar District Jail and six at Charsadda Subjail. Moreover, there are 11 women inmates at prisons in Battagram, 10 in jails in Dassu, Kohistan and one at a judicial lock-up in Tank. There are five women inmates in Swabi, five in Malakand, 25 in District Jail Swat and eight in Abbottabad. Prisons in Nowshera, Upper Dir and Lakki Marwat currently do not have any women prisoners.
Crime and punishment
Mushada Bibi’s case also provides an indication of the crimes committed by women.
“There are three main types of crime for which women are arrested and convicted,” said Noor Alam Khan, a lawyer in Peshawar who is also the chairman of Voice of Prisoners, an NGO. “These include transporting narcotics, kidnapping for ransom and murder.”
According to Khan, most women are compelled to commit crimes due to poverty and the lack of education.
According to the lawyer, there are some provisions in the law whereby women accused of crimes enjoy many relaxations.
“The court usually considers their age and whether they have been influenced by others to commit the offence.”
Speaking about Mushada Bibi’s case, Khan said his organisation has appealed Samina’s death sentence in the high court in addition to 18 other cases.
Published in The Express Tribune, May 14th, 2015.