Sex crimes – dare we compare? Part II

By: Afiya Shehrbano

Sex crimes – dare we compare?In both the Shakti Mills gang-rape cases, the Mumbai police and crime branch were committed to what Agnes et al call ‘meticulous investigation’. A high-profile public prosecutor who handles terrorist cases was assigned the rape cases. The crime branch solicited information from the public in order to invoke a wider involvement and to enable the maximum punishment for repeat offenders (since some of the rapists in both cases were the same).

In both cases, the single mothers of the assaulted women played a crucial supportive role. In the less eminent case of ‘Suman’, the mother of the survivor was a security guard. She was unaware of the rape and had reported her daughter missing since she had gone into hiding after her rape – in order to deal with her trauma.

When ‘Suman’ returned home they went to the police station only to close the ‘missing’ case. There, a female police officer, rather than mechanically closing the case, probed why ‘Suman’ had gone into hiding. When ‘Suman’ revealed the rape, despite the law that recommends women should not be retained in police stations at night (as in Pakistan), they were encouraged and assisted in filing an immediate FIR in the early morning hours to begin the process of justice.

In both cases, the role of NGOs/activists is also instructive. The long-term support required in these cases is not just about funding, as we complain in Pakistan. The Indian activists are effective largely because the state, rather than being morally suspicious of NGOs, accepts and even encourages the cooperation and assistance of these rights-based organisations.

In the ‘Simran’ case, she would attend court proceedings in a burqa for anonymity along with 10 women constables who accompanied her, also in burqas, in order to protect her identity. It is to such an extent that the state was willing to extend its sensitivity to protocol for such (albeit high-profile) trials.

The courts decided the cases within six quick months. Here, things become controversial. Due to the ‘repeat offenders’ amendment to the rape laws (376E, IPC), three of the gang rapists (indicted in both cases) have been awarded the death penalty in the ‘Simran’ case. This has become a matter of debate in India. A second broader point of concern is that even Agnes et al as activists, make arguments along the “mitigating circumstances” of the poverty-stricken background of the rapists.

More importantly, though, for us the lesson clearly lies in the third case recounted by Agnes et al. This ‘ordinary’ case of a teenage girl raped in the same area, resulted in acquittal due to poor investigation, inefficient NGO assistance, a wary judge and the compromises on the part of her male family members.

These are all familiar features in Pakistan. As interested citizens we need to rethink the value of strong, determined women who see themselves as survivors not victims, with supportive mothers/families and organised and committed activists, along with a state invested on the side of justice and a criminal justice system supported by every medical forensic method available.

Between January 2013 and February 2014, some 1848 cases of sexual assault were reported in Mumbai and of these 1675 offenders have been arrested. Given the recent judicial precedents and the factors listed above, it is highly likely that more and more rapists will be indicted.

Does this mean India is going to be ‘safer’ for women? No. But does it show that they are dealing with the issue of sexual assault as an offence far more urgently compared to us…?

Concluded: The writer is a sociologist based in Karachi. Email: afiyazia@yahoo.com

The News
http://www.thenews.com.pk/Todays-News-9-263353-Sex-crimes—dare-we-compare

Court dismisses bail petition of PA deputy speaker’s brother, cousin

By: Akhtar Amin

PESHAWAR: The Peshawar High Court (PHC) on Tuesday dismissed bail petition of the brother and cousin of the Khyber Pakhtunkhwa assembly’s deputy speaker who were charged and arrested in a rape case.

A single bench headed of Justice Malik Manzoor Hussain dismissed the bail petition of the accused Safdar Qureshi, brother of Deputy Speaker Imtiaz Shahid Qureshi, who is leader of the Pakistan Tehreek-e-Insaf in Kohat district, and his cousin Asmatullah Qureshi after hearing the arguments of the legal counsels of both the parties and also the law officer.

The accused had filed bail petition in the high court after it was rejected by the sub-ordinate courts in the case.According to the first information report (FIR) registered on May 7, 2014 Safdar Qureshi and Asmatullah Qureshi entered the house of the victim, Farahnaz, at around 9:30am on May 6 and allegedly raped her.

The police charged both the accused persons under sections 376 (rape), 452 (trespass with the intent to hurt, assault or wrongful restraint) and 34 (acts done by several persons in furtherance of common intention) of the Pakistan Penal Code (PPC).

The petitioner’s lawyer Ishtiaq Ibrahim submitted before the bench that his clients were falsely charged in the case as the medical report of the victim woman was found negative. He argued that there was nothing on record against the accused persons and thus they are liable to be released on bail.

Talking to the media at the PHC premises, Farahnaz, whohundreds of police officials, including high-ups of police department. The mobile record of Chief Minister Shahbaz Sharif, then Law Minister Rana Sanaullah, and other police high-ups had been collected. The JIT will soon complete its investigation. The report added that accused police officials were arrested following the media reports.

The petition was filed by Minhaj-ul-Quran Secretariat director administration Muhammad Jawad Hamid. The complainant contended in his petition that he along with another Pakistan Awami Tehreek worker Muhammad Tayyeb Zia was present at Minhaj-ul-Quran Secretariat at midnight of 16 and 17 June. He said that meanwhile he heard hue and cry outside the secretariat. When he came outside he came to know that a heavy contingent of police headed by DIG Operations Rana Abdul Jabbar was busy removing barricades installed outside the secretariat for security purposes. Moreover, on the occasion, the SP Headquarters, the SP Security, the SHOs Kahna and Nishtar Town were also present. He informed the police officials that the barricades were installed on the directions of the court and the police department, he said. To this, he was told that all this was happening on the behest of Law Minister Rana Sanaullah, he added.

After a while, a large number of people gathered on the spot and police responded in aerial firing and tear gas shelling, he said. When bulldozers, he added, escorted by police tried to move towards the residential block of the secretariat a large number of PAT female workers made a human wall and tried to stop bulldozers.

Seeing the wall of PAT workers, the DIG operations warned that if women did not clear the area before he counted till 3, he would order direct firing and started counting. The complainant said that as counting of Jabbar ended police officials started direct firing and killed two female workers, Tanzila Ahmed and Shazia Murtaza. He said police kept on firing which caused loss of more lives, including Safdar Hussain, Muhammad Umer, Muhammad Iqbal, Asim Hussain, Ghulam Rasool and others. He alleged that police not only disgraced ‘Gosha-e-Darood’ located at the secretariat but also looted valuables from there. Adding fuel to fire, Gullu Butt, a blue-eyed of the rulers, damaged a lot of vehicles of visitors and staff parked outside the secretariat. The petitioner said that 14 innocent persons were killed and over 100 injured in the firing incident.

He termed Prime Minister Nawaz Sharif, Chief Minister Shahbaz Sharif, Rana Sanaullah, Chaudhry Nisar, Khawaja Saad Rafique, Khawaja Asif, Parvez Rasheed and other government officials responsible for the bloody incident at Minhaj-ul-Quran secretariat. He pleaded that the police was given an application for registration of a case against the responsible persons but the case was not registered against them. He implored the court to issue directions for registration of a case against them.

The News

Women watching women

By: Rafia Zakaria

THE Syrian city of Raqqa was the capital of the Abbasid caliphate under the reign of the Harun Al Rashid. In the past several months, the city, located to the east of the historic Syrian city of Aleppo, has been taken over by ISIS, the Islamic State of Iraq and Al Sham — recently renamed Islamic State.

Under the reign of the self-declared ‘caliph’, Abu Bakr Al Baghdadi, the place has now become the prototype of what the group imagines will be a transnational Islamic state spread across the region.

Like the Taliban before it, ISIS was quick to realise that one of the easiest ways to make a political statement in war-torn lands is to crack down on the women in a region — as did the Afghan Taliban when they marched into Kabul. A public sphere devoid of women is crucial to their re-imagining of an authentic Islamic state. In oppressing women, the denizens of the Islamic State have decided to go farther than the Taliban.

Soon after ISIS took control of Raqqa, it announced the creation of Al Khansaa Brigade. According to a spokesman, the Brigade was created to “raise awareness of our religion among women and to punish women who do not abide by the law”. There are only women in Al Khansaa Brigade, and to prevent the “mixture of men and women” they have been provided their “own facilities”. Like the male members of ISIS, the women of Al Khansaa Brigade are all armed.

This strategy of using women to discipline other women is not a new one. It has been previously employed by Saudi Arabia and Iran.

One of their first arrests was of a woman called Zainab. Her crime was walking unescorted through the streets of Raqqa after the ISIS takeover. Suddenly, a car stopped next to her and a swarm of armed women from Al Khansaa Brigade swarmed round her, yelling and shouting insults. Before long, the teenaged Zainab had been arrested. She was taken to an undisclosed location and locked in a room without being told why. Finally, one of the members of the Brigade came towards her. At gunpoint, she tested Zainab’s knowledge of prayers, fasting and the hijab. She was told that she had been arrested because she had been walking unescorted in the streets — something that was now a crime in Raqqa.

Zainab was eventually released, but not without the dire warning that she would suffer even worse punishment in the future. In the days since the Brigade was created, its members have been busy patrolling the streets, harassing women, raiding schools and arresting female students and detaining them for questioning. The message to all women is clear: any diversion from the ISIS interpretation of Islamic law will have dire consequences. Reportedly, few women can now be seen on the streets of Raqqa.

This strategy of using women to discipline other women is not a new one; it has been previously employed by Saudi Arabia and Iran, both of which have various brigades consisting of all-female morality police members.

In a state where women are largely powerless, giving some of them a modicum of power over others creates dissension within their ranks and eliminates opportunities for protest. Simply put, women’s anger is directed not towards the patriarchal oppression imposed by men (in this case via the use of religious distortions) but towards other women who have just a little more power than themselves.

In this way, women stand divided, separated in the case of the ISIS-controlled Raqqa by divisions created by men. The chosen women deemed pious by the ever superior judgement of men are recruited into Al Khansaa Brigade. All other women are automatically demoted, left open to the judgements of the ones chosen by men, to policewomen.

In the days since ISIS has come to the fore, much has been said about its project of creating a re-envisioned Islamic caliphate and its hodgepodge resurrection of a pre-colonial Muslim kingdom. As several analysts and ISIS fighters (and those of their ilk) have pointed out, the attempt is to create a world untouched by Western influence, which by definition would be more authentic, even utopian.

For all its ire towards the colonial era, however, the ISIS tactic of using women to watch women borrows directly from it. As those familiar with colonial history will recognise, the task of empowering a few members of an oppressed group in order to have them carry out the policies of new invaders was a trademark of those times. The women of Al Khansaa Brigade hence fulfil a particularly colonial function: harassing, detaining, judging and oppressing their sisters to please the conquering men of ISIS.

Like the colonists of old, the power that ISIS has actually invested in the female Al Khansaa Brigade is vacuous and largely superficial. While the women are left to squabble over whether walking around unescorted is okay and the lengths of permissible head coverings, the men continue to perpetuate oppression on women. They cannot be questioned by Al Khansaa Brigade.

Last week, Al Jazeera reported that a woman had been stoned to death by ISIS in Raqqa. While the male spokespersons asserted than an ‘Islamic trial’ had taken place, there was no evidence that any such thing had happened. In the lone mobile phone picture of the event, no women from Al Khansaa Brigade were in sight. When women are being persecuted, then, Al Khansaa Brigade is nowhere to be found. Its parameters and its Islamic duty to justice and fairness do not extend to that realm.

Eliminating women from the public sphere is an easy way to make a statement; streets devoid of one-half of the population are a testament to the power of an invading extremist group. At the centre of the strategy of using women to oppress other women is the former’s willingness to be the pliant political instruments of men.

The writer is an attorney teaching constitutional law and political philosophy. Email: rafia.zakaria@gmail.com

DAWN

Teacher kills wife

GWADAR: A school teacher stabbed his wife to death in suburb of Pasni in Gwadar district on Tuesday.

Later, police arrested Khalid and recovered the dagger used in the crime.

Police attributed the murder to a domestic dispute.

DAWN

Acid thrown on teenage sisters in Mastung

By: Saleem Shahid

QUETTA: Two teenage sisters suffered burn injuries on the face and neck when masked men sprayed acid on them in Mastung on Tuesday.

This is the second such incident to take place in Balochistan in as many days. On Monday a group of masked men had sprinkled acid on four women busy in Eid shopping in Quetta.

No-one claimed responsibility and police and investigating agencies have not been able to trace the perpetrators of Monday’s attack.

The Mastung girls were in the town’s main bazaar when one the assailants sprayed acid on them with a syringe. According to DPO Abdul Rauf Baraich, the girls were attacked when a large number of people were in the bazaar for Eid shopping.

The girls were taken to a local hospital and later referred to the burns ward in the Bolan Medical College Hospital in Quetta. The victims of Monday’s attack are under treatment at the same hospital.

“One of the girls has suffered burn injuries on the face and the other on the neck,” police said, adding that their condition was stable.

A case has been registered and police are said to be looking for the culprits.

“We hope that we would succeed in bringing them to book soon,” DPO Baraich said, adding that a special team was investigating the incident “from different angles”.

Over the past two years, incidents of acid attacks on women have been repeated in Balochistan. Women are held in high esteem in the province, but the rise of pseudo-religious extremists is gradually eroding the societal norms.

Other such attacks have taken place in Quetta, Kalat and Dalbandin.

DAWN