Given the circumstances surrounding the Meerwala rape case, the acquittal of five of the six accused by a division bench of the Lahore High Court has naturally led to a great deal of comment.
One of the accused has had his death sentence commuted to life imprisonment. The case revolved round the alleged gang rape of a woman, Mukhtaran Bibi, following the verdict of a panchayat that was convened to discuss charges that the woman's brother had illicit relations with a girl of another tribe.
There was a public outcry when news of the case first surfaced, and even the international press had taken up the issue. The accused were tried in an anti-terrorism court, found guilty and awarded capital punishment.
The LHC division bench has ruled that the evidence produced before the trial court was insufficient and there were faults in the police investigation. The higher courts have always been considered as more learned and competent to scrutinize points of law involved in cases tried before the lower courts, and this is seen as an essential safeguard against any possible miscarriage of justice. Lawyers for Mukhtaran Bibi have said they will go in appeal.
The detailed judgment in this case was not available at this writing, but in its short order the LHC bench cited insufficient evidence and faulty police investigation as the reasons for this verdict. Police procedures are notoriously flawed.
The force is both incompetent and poorly equipped to properly investigate criminal cases, and this is one of the major reasons why so many cases fail to stand up in the courts.
In matters relating to crimes against women, the police in our male-dominated society are as biased as other large sections of the people. They are also susceptible to pressures from the feudals and the influential.
This has been evident in case after case involving rape, oppression of women and decisions made by the parallel system of justice that we continue to tolerate in the shape of panchayats and jirgas.
It is worth recalling here that in the Meerwala episode, the Supreme Court had felt forced to take suo motu notice of the lack of progress in investigations and ordered the police to keep it informed of action taken.
The points raised when the incident at Meerwala was reported continue to be valid and continue to comprise a terrible indictment of society, and these should receive attention whatever the final outcome of this particular case.
Eradicating polio
Another countrywide anti-polio drive has just ended, but in view of a couple of alarming reports, one wonders how close we are to the target of a polio-free Pakistan by the end of 2005.
Late last year, we were told that some of the children who were vaccinated against the crippling disease had still contracted it. A more recent report says a number of children living in districts that had been declared polio-free have, in fact, not been inoculated at all.
These developments should give us cause for worry, especially as there are fears that the World Health Organization could stop funding the polio drive in Pakistan if the disease is not eradicated soon.
Unfortunately, while there has been generous self-praise for our success in slowing down the spread of polio, we have shied away from identifying our lapses. Lack of awareness, inaccessibility of the remote areas of the country, failure to maintain the cold chain (thus lowering the efficacy of the vaccine) and team fatigue are generally known factors responsible for our inability to wipe out the disease. But, in order to overcome the stumbling blocks, a more definitive report is needed - one that not only highlights areas of concern but also gives specific reasons why we have been unable to address these.