Triple ‘V’: vulnerable victims of violence

By: Hina Hafeezullah Ishaq

There needs to be a specific law that allows for special rules of evidence for children, like video evidence, special screens, in camera proceedings, etc

She was like a frightened doe, wary of every movement, pale and withdrawn, a frail body clad in a chaddar. She walked into my office over seven years ago, hiding behind her equally distraught mother. She was ‘A’, an-11-year-old victim of rape, and eight months pregnant, malnourished, an orphan Christian girl. Her widowed mother worked as a menial worker at a government hospital. ‘A’ had been employed as a housemaid at her perpetrator’s house and was raped, her mouth tied with her duppatta (veil) and a gun pointed to her head by him when his wife was at her parents’ for the delivery of their child. Fearful, shocked and beaten, she lost consciousness. Her rapist threatened to kill her and her family if she told anyone. Scared and traumatised beyond comprehension, she stopped going to work. One day, while at the hospital with her mother, a midwife suspected something, and an ultrasound revealed a six-month pregnancy.

‘B’ was a 15-year-old girl raised in an extremely protective environment. She was raped by her own father, twice, and threatened with the death of her younger siblings if she told anyone. Her mother, a victim of violence herself, had left six months earlier but her children were forcefully restrained. ‘B’ managed to escape with the help of teachers and friends at school and got to her mother. A trial took place and a death sentence was handed out.

‘C’ was a young boy who was sodomised and strangled to death by his former employer. A life sentence was given to the perpetrator. And so the list goes on and on. The three v’s — victim, violence, vulnerable — are defined as: a ‘victim’ in this context means a woman, child or vulnerable person who suffers an act of violence and/or injury in relation to any offence; ‘Violence’ means any act of gender-based violence or violence directed towards children or vulnerable persons that results in or is likely to result in physical, sexual or mental harm, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life; a ‘vulnerable person’ means any person, irrespective of gender, whose ability to protect herself/himself from violence, abuse or neglect is significantly impaired due to physical, sensory, or mental disability or illness or handicap or old age or any other special reason, and includes a household worker.

‘Physical disability’ means any impairment that limits the physical function of limbs or fine or gross motor ability and includes impairments that limit other facets of daily living. ‘Sensory disability’ means impairment of one of the senses and includes visual, hearing, olfactory, gustatory and somato-sensory impairment, and ‘mental disability’ means arrested or incomplete development of mental capacities and includes mental impairments such as mental retardation, organic brain damage, learning disabilities and mental illness encompassing a variety of psychological disorders that cause severe disturbances in thinking, feeling and relating to others so that persons suffering from such have a substantially diminished capacity for coping with the ordinary demands of life.

We were too late to help ‘B’, but there are many young boys and girls who are victims of violence, including sexual violence, violence that disrupts one’s life, has the ability to instil fear that reaches the depth of one’s soul, paralysing life itself. Deeply affected by such cases, I started to experiment with ways to make a victim feel more protected in order to enhance the quality of their testimony. In X’s case, we made a request to the court to bring in screens to shield the minor victim from the accused, and to hold an in camera trial to protect her, a request that was granted and resulted in cogent testimony. I wrote articles, sent recommendations and proposals to the relevant quarters and worked on legislation with the previous government in Punjab. There is no express provision of law that provides for special measures for vulnerable victims.

The victims are exposed to the perpetrators in open court and have to testify whilst facing their accused directly. There needs to be a specific law that allows for special rules of evidence for children, like video evidence, special screens, in camera proceedings, etc. Repeated adjournments in sexual abuse cases place an extraordinary amount of pressure on the victim, which includes psychological, physical and emotional. By subjecting her or him to an environment of fear and hostility, the longer the trial takes, the quality of evidence is diminished. There needs to be a ceiling on the time period of the trial, especially of child victims/survivors, ranging from 90 days to six months, and the practice of imposition of heavy costs for delay as well as striking off the right to defend needs to be put into practice.

A recent incident in England has prompted me again to write on this issue. A young victim of forced child prostitution was cross-examined for 12 days by seven defence barristers. England and Wales have decided to launch a “review of aggressive courtroom cross-examination of vulnerable victims”, which is aimed at finding ways to “curb hostile practices”. The Minister for Justice said, “Vulnerable victims currently often faced reliving the ‘most horrific experience they have ever had’, sometimes for days on end, when cross-examined in court.” The review will consider “whether a victim should have to answer the same question put by more than one barrister and fresh guidance for judges in how to deal with such cases.”

English law currently places restrictions on the kind of questions that can be asked and on aggressive questioning, but there is no limit on the duration of cross-examination and how many counsel can question the victim. The Crown Prosecution Service in collaboration with the government is working on guidelines in cases of child sexual abuse, which include: cross-examination by defence, behaviour of prosecutors, agreement among defence counsel to choose a lead counsel, duration of cross-examination and a mandatory ground rules hearing to be held in advance of the trial to prepare the victim for trial. A pilot scheme has been announced by the Justice Ministry “to use pre-recorded evidence for vulnerable victims and witnesses so that they are no longer cross-examined in open court.”

Our superior courts have already ruled that the purpose of cross-examination is to bring out the truth and have frowned upon excessive and unnecessary lengthy cross-examinations that aim to wear down the witness in an attempt to lead him/her into error, but again there is no formal legislation or mandatory rules and guidelines in this regard.

A couple of months ago, I was leafing through a law journal and came upon a judgment that included familiar language and proposals. A petition was filed before the Supreme Court last year incorporating everything I had been consistently writing about, and consulting on and advocating. The Punjab government acknowledged that work on legislation was already underway, which it indeed was. It is heartening to see that not everything I write goes to waste and some people actually took the initiative to get all those recommendations implemented.

People are the same everywhere. It is human nature. The incident in England stands as a testament to this fact. What sets us apart is the ability to recognise our shortcomings and failings and the resolve to rectify them. England is on its way there. Pakistan still has to make provisions for prevention, protection, compensation and rehabilitation of vulnerable victims of violence.

The writer is an advocate of the High Court

Daily Times

Discourse on women in media: Uks report looks into why female professionals are still sidelined

By: Naveela Khan

KARACHI: The media industry has come a long way from when the only place for women in the work field was at the post of a secretary or as arm candy smiling next to the male talk show host. But while the male journalists in Pakistan may have stopped referring to their female counterparts as ‘lady reporters’, female journalists still feel that professional roles are being defined according to gender.

According to a report by the Uks Research Centre and DANDIA (the Danish international development agency), the growth of women in media is mostly horizontal and not vertical – which means that they are growing in number but not reaching new professional heights. The report, titled ‘Who’s telling our stories? A situational analysis of women in media in Pakistan’, documents a two-year project and was launched on Wednesday.

Media monitoring and content analysis was part of the Uks project, in which qualitative and quantitative analysis of selected print and electronic media were conducted for their gender sensitivity for one week in March 2012 (left). A basic survey was conducted in media houses from across the country to gain an insight into the ratio of male vs female practitioners in the media sector in Islamabad, Lahore, Multan, Quetta, Hyderabad, and Peshawar (right).

The report looks into how the media offices are viewed as an unsafe working environment by parents, also one of the reasons for the low number of women working in the industry as compared to the number of female graduates of media programmes.

Language barriers

According to the report, gender inequality is prevalent more in Urdu print media as compared to the English newspapers. Veteran journalist, Zubeida Mustafa, however, pointed out that it wasn’t only the language but the attitudes that create a working environment. “Language doesn’t make anyone a better journalist,” she said. “The ground reality is that for equality in media, changes in thinking and attitudes at the top level are required.”

Mazhar Abbas, the director current affairs at Express News, was of the view that the newsroom language also created problems in the working space. “The number of women reporters in the print media is not that high also because of the newsroom language. In many channels, female news anchors have separate rooms because of this reason,” said Abbas. Author Bina Shah, however, did not agree and said, “The trend to shelter women in separate room is dangerous – we need to realise that women are strong and a little crassness won’t make them fall apart.”

Changing perceptions

“Compared to earlier years, the number of female workers in the media has increased but at the same time, the dropout rate after graduation has been higher. In our society, people view educational qualifications as a way to get better marriage proposals and that perception has to be changed,” said Prof. Dr Tauseef Ahmed of the Federal Urdu University of Arts, Science and Technology.

“To attract and retain female journalists, we need to provide them with facilities and flexible working hours,” said Bina Shah. “Everyone needs to know that there are no concrete steps to scoring a good husband.”

Sheema Kirmani, renowned classical dancer who was also present at the launch, said, “If women have no place in the society, how are they going to be empowered. The concept of morality is another hindrance as women in the media are often considered of ‘loose character’ in the society.”
In Shah’s opinion, people should not get intimidated by such cultural and moral values. “The women in media play a major role by representing their gender.”

Perception of women by their own gender was brought up by Sadia Mehmood, assistant professor at Karachi University. “Women don’t take themselves seriously so their teachers don’t take them seriously as well. We need to change the whole cultural mindset for real difference.”

Shahida Qazi, a pioneer in journalism proudly said, “I am the first female gold medalist in journalism studies, I joined Dawn as the first female reporter, and later, joined PTV as the first female news editor. There are multiple opportunities for women to work in media – you just have to seize the right one.”

Express Tribune

Crime and punishment: Woman kills daughter by poisoning her

By: Kashif Zafar

BAHAWALPUR: A woman was accused of killing her daughter in connivance with her son and nephew on Thursday.

Abdul Razzaq, an uncle of the deceased, said that his niece Ayesha* had been living with her mother Maryam. He said that Ayesha had got pregnant and Maryam* had tried to convince her to terminate the pregnancy.

When Ayesha refused, Maryam beat her in the presence of her son Ghulam Akhtar and nephew Nazeer Ahmad.

She also force-fed her poisoned food which killed her, Abdul Razzaq said.

Neighbors called the Sadiqabad Saddar police while Maryam, Akhtar and Ahmad were burying Ayesha. The police arrived and sent the transferred it to a hospital for postmortem examination. The suspects have fled the scene.

The police have registered a case on Abdul Razzaq’s complaint.

Man killed in marriage dispute

In another incident, a man killed his sister’s brother-in-law.

Safdar Abbas had married Shazia Bibi on June 22 in court.

Shazia Bibi’s family did not approve of the marriage. On Thursday, her brother Sohail Khan and Ibrahim Khan went to Abbas’s house and shot him.

Abbas’s brother Zaheer was critically injured and taken to Shaikh Zayed Hospital where he died.

*The names have been changed to protect their identities

Express Tribune

Rape accused being cushioned by PIA probers

By: Amraiz Khan

LAHORE: PIA investigators have allegedly exonerated five accused involved in raping a lady doctor, sources in national flag carrier revealed on Thursday.

The sources claimed that a female doctor submitted an application to Managing Director of PIA, saying she was gang-raped by five persons – deputy chief medical officer, ambulance driver, attendant and lab assistant – and the entire incident was videotaped.

The tragic incident took place in a Cantt area club. It is further told that Dr Hassan, who was drunk, sent driver of the ambulance to pick lady doctor and drop her at the club. When lady doctor was brought to the club she was sexually assaulted by the doctor and four of his accomplices.

An officer of PIA seeking anonymity said that the inquiry team has a soft corner for the accused and that the team would recommend to exonerate them. When this scribe contacted member of inquiry team Col (r) Akhtar, he attended the call but hung up just after the scribe’s introduction. Reviewing the sensitivity of the issue, the managing director ordered an inquiry committee which reached Lahore for further interrogation.

The committee comprises general manager works, Col (r) Akhtar and deputy general manager (DGM) Mrs Amina Khawaja. According to preliminary investigation, the incident took place but the lady doctor did not disclose it on the fear of ignominy. However she resigned from her office and since then she was performing duty in PIA on contract basis. However Dr Hassan is regular employee of the airlines. The incident took place about a month back and was surfaced when she launched a complaint to MD PIA.

Now when victim has pledged to fight she has also forwarded a copy of her application to Chief Minister Punjab to bring the accused to justice. Sources claimed that Provincial Minister Health has also started an inquiry into the incident on the direction of CM Punjab. When contacted spokesman of PIA, Tajwar said that the MD has formed an inquiry committee on the incident and committee was yet to submit its report to MD. In the light of report action would be taken against the accused.

He said that a case would have been registered against accused following a medical examination of the victim but nothing like that was done.

The Nation

Malala Day to be observed today

LAHORE/ISLAMABAD: The 16th birthday of Malala Yousufzai will be observed as Malala Day on Friday (today) in Lahore with gatherings from the civil society, human rights organisations and other institutions to mark the day.

Seminars, conferences and other ceremonies would be held wherein scholars, educationists and analysts would participate and pay tribute to Malala who fought for the girl’s education in Swat city of Pakistan against Taliban.

In connection to birthday of Malala Yousufzai, United Nations (UN) has announced to mark Malala Day as UN Youth Assembly coincides with her birthday. In support of the UN Secretary-General’s Global Education First Initiative, international youth leaders’ conference will be convened at the UN headquarters and in cities around the world in support of reaching the goal of having all children, especially girls, in schools by 2015. The concluding resolution of the Youth Assembly will urge governments, and concerned authorities to take decision for provision of education to every child.

Malala has been struggling against Taliban’s anti girls’ education policies for last several days as she continued the education with her mates at home and did not surrender to militant threats.

She became a public figure after brutal attack by Taliban when she was on her way to school on October 9, 2012. Taliban claimed the responsibility of the attack on grounds of campaigning education rights for girls.

Malala’s incident provided people of Swat a confidence and encouragement that on Thursday a female jirga (council) was formed in Swat in order to solve a case of acid throwing which was rejected by police and local male jirga provided an option for girl’s brother to throw acid on victim’s sister.

Meanwhile, the UN Information Centre in Islamabad issued a statement, saying, “Malala Yousufzai is a courageous young education rights campaigner from Pakistan who was targeted and shot by extremists on her way to school in 2012. After a long road to recovery, Malala is back and determined to keep making her voice heard.”

Malala, who has become one of the best –known students in the world, will make her first high-level public appearance and speech at the UN General Assembly today. At the heart of “Malala Day” is a call to improve the lives of some 57 million out of school children by improving education access by 2015.

On this occasion, Malala will be joined by hundreds of students from more than 80 countries, in a unique Youth Assembly to issue a global call for quality education for all. It said that Malala Day can be a new beginning for education and the leading role that youth around the world can play in enabling all children to get an education.

“Education is a fundamental human right, a Millennium Development Goal (MDG) and crucial to mutual understanding and global citizenship. In order to renew and reinvigorate global commitments to education, United Nations Secretary-General Ban Ki-moon has launched the Global Education First Initiative to put every child in school, improve the quality of learning, and prepare children to grow up to be global citizens,” it read.

Daily Times