Tribal court in Sindh fines 10-year-old boy for 'affair' with married woman

By AFP
Published: June 16, 2015
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A file photo of a tribal jirga. PHOTO: AFP

A file photo of a tribal jirga. PHOTO: AFP

KARACHI: A tribal court in Sindh has convicted a 10-year-old boy of having an affair with a married woman in her late 30s and ordered him to pay a fine of $7,000, police said Tuesday.

The incident occurred Monday in the remote village of Bakhrani in Sindh, 510 kilometres north of Karachi.

“The 10-year-old was caught having an extramarital affair with a lady from another tribe, which created bad blood between the two tribes,” a local police official requesting anonymity told AFP.

“The incident was later taken to a jirga which ordered the boy’s family to pay a fine of Rs700,000 to the aggrieved side.”

“The boy’s family paid Rs50,000 up front and undertook to pay off the remaining amount within three months,” he added.

The chief police officer of the district, Umar Tufail, confirmed the incident but said the tribal court’s decision was illegal and was under investigation.

“It has came to our knowledge that a jirga was held to solve a dispute regarding an extramarital affair. We are looking into the incident as jirgas are illegal,” he told AFP.

Under Pakistan’s penal code, an adult male having sex with a female child is considered to have committed statutory rape, but a woman having sex with a boy does not come under the law.

The woman could however be prosecuted for sexual assault or unnatural sexual acts, lawyer Sundas Hoorain told AFP. Adultery is also a crime but rarely prosecuted.

Jirgas typically take the form of a council of male elders assigned to resolve disputes.

They have repeatedly come in for criticism for issuing controversial decisions, including forcibly marrying off young girls to end family feuds.

In July 2013 the Supreme Court declared the jirgas illegal and asked provincial authorities to clamp down on them.

But they persist in rural areas as a dispute settlement mechanism for people without the means to use regular courts.

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Reader Comments (9)

  • SEAsian
    Jun 16, 2015 - 6:39PM

    And they are supposed to be “wise” men.Recommend

  • Rustam Chowki
    Jun 16, 2015 - 9:05PM

    Obviously this kid has what it takes !! More power to him !Recommend

  • cautious
    Jun 16, 2015 - 9:23PM

    In any other country the “married women” would be arrested for raping a child. Ten year old boys don’t have “affairs” with adults. This is another example of while tribal justice should be outlawed.Recommend

  • Siddique
    Jun 16, 2015 - 10:52PM

    The reported may not be accurate and could be false as the Jirga allegedly occurs in Sindh where as the picture shows such Jirga is from Northern Pakistan. The extramarital affair occurs when both parties consented such relationship. what punishment was declared toward the married woman? It seems that she got the compensation of $7,000 instead.Recommend

  • Alladitta
    Jun 16, 2015 - 11:21PM

    The height of Absurdity. How can the 10 year old baby be blamed.Recommend

  • unbelievable
    Jun 17, 2015 - 12:06AM

    I wonder how old the “lady from another tribe” was – Pakistan is known for child marriages so maybe she was ten years old as well. Really doesn’t matter – these old “wise men” should be locked up and the key should be thrown away.Recommend

  • syed & syed
    Jun 17, 2015 - 1:49AM

    The story appears to be doubtful. Certainly the woman lured the child to have sex. Who were in Jirga comprising of uneducated man having beards. The police is supposed to be watch dog. Why did it not anticipated and get hold jirgawalas. and give them a good phenty. Recommend

  • conspiracy nut
    Jun 17, 2015 - 2:51AM

    @Siddique:

    The reported may not be accurate and
    could be false as the Jirga allegedly
    occurs in Sindh where as the picture
    shows such Jirga is from Northern
    Pakistan.

    Yep – not only is the photo of the wrong spot but it was likely taken by an American photographer which makes it even more suspicious. Confirms my suspicions that all those drone photos weren’t accurate either so all those drone articles were bogus. Recommend

  • BADurrani
    Jun 17, 2015 - 1:22PM

    The Picture shows men who are clearly from northern Pakistan most probably Pashtuns. Recommend

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