PukhtunWomen

BENEATH THE SHRUBS

by Khalid Khan

Qamria, a 16-year-old girl of village Kunda, Sawabi district, was brutally murdered upon resistance against her sexual abuse. Her resistance to bow down to evil disgraced Qamria publicly and brought misfortune on her. A written petition, number 344 filed on her behalf by advocate Haider Ali on April 18, 1995 in the Peshawar High Court narrated her ordeal. Qamria received death threats for not complying with the indecent proposals of some 'interested' people of the vicinity. The petition further revealed that on March 31, 1995, while following a so-called jirga verdict, Qamria was declared wicked and consequently her hair was shorn, and she was stripped naked and was thrown in front of a crowd under the supervision of an ASI of the police department.

Reportedly, Qamria had earlier approached the Superintendent of police Sawabi, and the Deputy Inspector General of police Mardan Range for the registration of her case, but they declined to help her. Ironically, on the behest of some egotistic and influential people of the area, on April 16, 1995 District Magistrate Sawabi served an order on Qamria and sent her into forced exile. The order stated, "In exercise of power conferred upon me under section 5(1) clause (a & c) of the maintenance of public order ordinance, 1960 order, you are directed not to enter, reside or remain in the limits of Sawabi district and to remove yourself from, and not to return to the limits of Sawabi district from the date of service." The Deputy Commissioner's order further noted, "Whereas reliable information has been received by me that you are running a brothel house and are engaged in prostitution. Your deeds are prejudicial to the public safety, morality, interest, security and the maintenance of peaceful conditions in Sawabi district and therefore I find you as a fit case to be removed from the district's jurisdictions."

Out of sheer disappointment, Qamria reached the offices of Human Rights Commission of Pakistan on April 19 1995 and also gave her story to the press supported by pictures that depicted all the barbarism.

The written petition that was filed under article 199 of the constitution of the Islamic Republic Of Pakistan, 1973 for the declaration that the order passed on April, 16, 1995, under section 5(1) of West Pakistan maintenance public order ordinance 1960 by Deputy Commissioner Sawabi was without lawful authority and was of no legal effect. The same was promptly decided in Qamria's favour.

The learned court issued orders to the Deputy Commissioner Sawabi for the withdrawal of Qamira's forced exile orders and also directed the concerned police to extend full protection to her. A crusader of women's rights, Musarat Hilali, advocate, while taking to task the influential lot of Kunda village, rehabilitated Qamria, but advised her to stay away from the people who had ruined her soul. Unfortunately, contrary to the advice of Hilali, the dejected Qamria returned to her native town with a heavy heart, where her old parents and deranged brother desperately needed her support.

The story did not end there. The mighty folk of Kunda village hired a mercenary by donating to the fund generously that was established for the very purpose of assassinating Qamira. After the murder, the killer was treated as a 'VVIP' by the jail authorities for eliminating a 'sinful soul' and subsequently acquitted honourably due to the lack of evidence.

Musarat Hilali recalled that when she visited the central jail, Peshawar in connection with a case, the then superintendent of the jail had introduced that killer with pride to Hilali saying that he had done a remarkable job by dispatching an immoral girl. Hilali insanely scuffled with the killer and the occurrence remained hot talk-of-the-town for quite some time.

Upon his release, the murderer was given a red carpet welcome and was even garlanded. It is indeed ironic that the killer was garlanded while the grave of Qamria remained covered by the shrubs that had grown wild with the passage of time. (Such shrubs do not sprout any flowers).

The most pinching thing is that the practice of maligning innocent girls, labeling them corrupt and punishing them through jirga and state machinery is the order-of-the-day even now. Cases of Shafia, Zarghuna and Najma Begum of district Buner also shed some light on the very trend and mind set. All these innocent women felt the brunt of the corrupt system and went through the same torment in 1998, though their ends were different from the one meted out to Qamria. But one factor is common to all these reported and unreported cases. In the reported cases, all women were employed with the government, semi government and private organizations. All of them were intimidated and forced by powerful people to oblige them sexually. All women approached police and properly lodged their complaints well in time, though of no avail. All of them were attacked, injured and in some reported and unreported cases, even killed. They were all accused of being immoral and the state mechanism did nothing to safeguard these innocent women. All these women need to be rescued by courts, which is their only ray of hope.

The Human Rights Commission of Pakistan's publication 'State of Human Rights in 2003', contends that "While the courts gave quite a few verdicts that suggested a greater respect for the rights of women, and relief was available to them in individual cases, the odds that confronted them in securing their elementary rights did not perceptibly decrease. Women continued to be charged with offences that were recognized as such neither in law nor in the code of human rights and they often required unusual determination to secure justice from the top echelons of the judicial hierarchy. No account was taken of the toll of their health, happiness and material resources these trials took."

The Constitution of Pakistan's article 4(1) and (2) clearly state that "To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being with in Pakistan. In particular (a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law, (b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and (c) no person shall be compelled to do that which the law does not require him to do."

Universal declaration of Human Rights article 24(2) says, "Recognition of the inherited dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world."

Another common feature that all the written petitions convey very loudly is the modus operandi being adopted by vested interests to exploit these innocent women and the nexus between strong groups and the state apparatus.

The Deputy Commissioners Sawabi and Buner issued removal orders of Qamria, Shafia, Zarghuna and Najma Begum respectively from their respective localities on the grounds of indecent activities. All of them took the plea that the impugned orders were unconstitutional and the fundamental rights of the petitioners being citizens of Pakistan have been clearly violated by passing the impugned orders against them.

They pleaded that the reasons and grounds given in the impugned orders were totally false and there was no proof of the allegations leveled against them. The petitioners further stated that these orders of the Deputy Commissioners were a direct attack on the liberty and right of movement as guaranteed by the Constitution.

The petitioners, while challenging these expulsion orders observed that these were based on bad intentions hence liable to be set aside inter alia. And the Peshawar High Court did so.

But have these verdicts changed the situation? No! The rampage is yet in progress.

source: KhyberWatch