Jirga injustice

Published November 7, 2004

Nicholas Kristoff, one of the leading columnists for the New York Times, travelled in Pakistan earlier this year - as he put it, in an attempt to come to the aid of General Pervez Musharraf and locate Osama bin Laden. He failed in his mission, but along the way came across someone who to his mind was even more extraordinary.

In a column published in the NYT on September 29 ('Sentenced to be raped'), Kristoff has revived the horrendous tale of Mukhtaran Bibi of Meerwalla, a village in southern Punjab, a 12-hour drive from Islamabad.

Mukhtaran's story has been written about at length, both here and abroad, in 2002 after she was gang-raped in June of that year.

It all started with the sexual abuse of Mukhtaran's brother by several members of the local feudal landowning clique (with whom this country is riddled). They then attempted a cover-up and accused the unfortunate lower-strata boy of having an affair with one of their women. A jirga was summoned and in its collective antediluvian wicked wisdom it was decided that a just punishment would be the organized rape of one of the boy's sisters. Mukhtaran Bibi was the chosen 'object'.

To quote Kristoff : "As members of the high-status tribe danced in joy, four men stripped her naked and took turns raping her. They then forced her to walk home naked in front of 300 villagers."

Rather than taking the traditional way out and committing suicide (as did a girl in a neighbouring village who was gang-raped a week later), Mukhtaran reported her rape to the police. The human rightists activated themselves, as did the press, and the rapists were charged, tried and sentenced. General Musharraf, reacting to the outcry against this monstrous crime, ordered that she be paid some Rs.500,000 as compensation (a primitive compensation for the violation of one's body) and given police protection so that she would not be killed.

Mukhtaran, illiterate, downtrodden, but brave and obviously intelligent, realizing that education was the only way in which she could help her people emerge from their helpless plight, used the money to build two schools in her village, one for girls and one for boys. She herself is now studying in the fourth grade of the girls' school which is named after her. The government had also agreed to fund the running of the schools but, not surprisingly, it has reneged.

The response to Kristoff's column, as he writes later, 'has blown me away'! Over 90,000 dollars was sent to him in cheques made out to Mukhtaran, all drawn on US banks. Mukhtaran herself was also sent a substantial amount in cheques, some of which she has deposited, but most of which is being held so as to avoid our bank clearing charges of up to some Rs.3,000 per US dollar cheque. Kristoff is also having a problem with his collection trying to figure out how to get the money to Mukhtaran without incurring the substantial clearing fees.

With regard to the levying of bank clearing charges, I spoke to the head of a bank with which my family has banked for over a century. Without any hesitation he agreed to waive all his bank's charges and is getting in touch with Kristoff.

Kristoff has posted Mukhtaran Bibi's address for those who may wish to make further donations: Meerwalla, Tehsil Jatoi, PO Wadowallah, District Muzaffargarh. His feeling is that as Mukhtaran has already used her own funds to help her fellow villagers, the donations will be used in a wise and befitting manner.

Illustrative of the mentality and mindset of the great representatives of our people, voted in by the people to do good by the people, is an e-mail Kristoff received : "My name is Humaira A Shahid and I am a member of parliament. Your column on Mukhtaran Bibi was right on the money. Just want to add to your information. As a member of parliament, I presented a piece of legislation suggesting a ban [on] such tribal council decisions. I had suggested that any person or group of individuals taking such decisions should be punished with a jail sentence if found guilty. Sadly, though, my effort is lying - unanswered - with the federal government of Pakistan for at least a year and a half. And I am a member of parliament in the ruling coalition and not the opposition. That goes to show the level of interest in resolving human right issues by the powers that be in this country."

So much for the federal and punjab governments. Here in Sindh, despite recent high court orders banning the holding of jirgas, the people's government has drawn up an ordinance, giving the two fingered sign to the judiciary and to the laws of the land, which will validate jirgas and nullify the effect of the court. It is proposed that it has retroactive effect, as of April 25, 2004, the obvious reason being that by its judgment dated April 24, 2004, the court, in the case of Mst Shazia vs SHO & Others (SBLR 2004 Sindh, 918) held the jirga system to be illegal and unlawful relying on several judgments of the Supreme Court:

"1) This ordinance may be called the Sindh Amicable Settlement of Disputes Odinance, 2004. . . . 4) Where any matter is brought to the notice of naikmard or the naikmard is otherwise satisfied that a dispute exists which is likely to cause bloodshed, murder or breach of peace and the settlement thereof will tend to prevent or terminate the commission thereof, the naikmard shall use his good offices (a) to achieve the amicable settlement of disputes amongst the people of the area through mediation, conciliation, arbitration or faisla; (b) to prevent the breach of peace and public tranquillity in the local area; (c) to promote harmony; (d) to eradicate enmity; and thereby create brotherhood among the persons of different segments of .., society. 5) Notwithstanding anything contained in any law, no legal practitioner shall be permitted to appear on behalf of any party to a dispute before the naikmard. 6) No suit prosecution, other legal proceedings shall lie against the government, the naikmard or any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this ordinance . . . . .".

And who shall be the naikmard? ". . . . a person or persons who command the respect and confidence of the people of the local area and is appointed as such by the parties with their consent to decide their dispute."

The chief minister of Sindh, worthy feudal Arbab Ghulam Rahim, asked his law minister, Chaudhry Iftikhar, to draft the ordinance. A nominee and supporter of Pir Pagaro, the minister did not hesitate. Should he not be sacked forthwith for contravening the law?

This iniquitous piece of potential legislation will permit our local feudal lords to continue their practice of holding sway over the lives and deaths of their subjects - the serfs who in their ignorance and illiteracy have voted them into the provincial assembly. How is it possible for the governor - a qualified doctor of medicine, educated, who has lived abroad for over a decade and should be vaguely in tune with the 21st century - to put his signature to such a document?

As has been the situation for the past five years, decisions, if they are to hold, have to be made by General Musharraf, the president. We are all helpless and it is now time for him to step in and ensure that the jirga system is firmly put behind us and that the dishonourable killings which are handed down are dealt with as premeditated murder, pure and simple.

An e-mail message just received from MNA Fauzia Wahab of the PPPP relates the story of a 50-year old woman, the mother of eight, who, fearing for her life, approached her local police station asking for protection. Naturally, the police turned their backs on her. She was later found dead, her body hacked into pieces. A case could be filed against the killers, but on the basis of Section 299 of the PPC, Dyat, the woman's killer, her brother-in-law will be pardoned by his brother, the widower, and that will be that. Her eight children will be the only ones to mourn her death.

Such foul happenings and deeds make a mockery of General Musharraf and his pleas for 'enlightened moderation'. And they are hardly an advertisement for Pakistan on the international front - what message do such news items send out to investors, or even those mad enough to contemplate visiting Pakistan as tourists? It is high time for the general to step in and settle this issue once and for all.


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