Mukhtar Mai
Mukhtar Mai
Mukhtar Mai
March 2003
Multan, Pakistan
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acknowledgement.
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Edited by:
Sheen Farrukh
Mohammad Zia-ur-Rehman
Printers:
Mohammad Zia-ur-Rehman
Published by:
Awaz Foundation Pakistan; Centre for Development Services
# 2440 N/ 8A, D-Block, New Shamasabad Colony Multan- Pakistan
Phone / Fax # 0092-61-584909, Email < [email protected] >
Disclaimer:
Some of the contents and descriptions of this book are comprised of the views
and opinions of the common people recorded during individual interviews, focus
group discussions and questionnaires from activists representing different
political parties and civil society organizations. It is therefore not necessary for
AwazCDS to agree with their point of view.
Acronyms
Awaz CDS
ASI
BBC
CSOs
CNN
DSP
D/O
NGOs
DIG
FIR
IG
IPC
SP
SSP
SHO
S/O
Contents
Acronyms
Preface & Acknowledgments
Foreword
Introduction
Area Profile
Topography
Population, Household & Literacy ratio
Culture & Norms of the Community
The social norms
Economy & Profession
Religion
Crimes
Major disputes, conflicts, issues and solutions
The Incident
Registration of FIR
The role of media for highlighting the case
The original contents of FIR
Analysis of the case
Sociological Analysis of the Incident
Punchait and the incident
The community perception about Punchait system
In the opinion of the other tribes
Women had said
Civil society reaction against the decision of Punchait
Psychological & Behaviorists view point
Human rights violation
Gender discrimination
Verdict of the Case
Mai & her familys reaction upon the verdict
Peoples reaction on courts decision
Civil society reaction upon the verdict
Developmental work initiated at Mirwala after the Incident
Conclusion
Annexure
Original text of the FIR in Urdu
Questionnaire circulated among civil society for opinion
Snapshots of the activities for Study
Map of the Mirwala village & District Muzaffar Gardh
Glossary
case study. I believe without their help it would have difficult for AwazCDS to get
it published. I particularly thankful to Malik Arshad Nazir Bhutta (Advocate) who
has compiled and analyzed this study by keeping in view the legal aspects of the
case. I am also thankful to Ms. Sheen Farrukh from IPC Karachi, who did an
extra ordinary effort by supporting me in editing the case and by writing foreword
for this book.
The members of AIMS organization Jatoi district Muzaffar Gardh also deserves
deepest thanks for facilitating Awaz team in conducting individual interviews and
focus group discussions with victim family members and with other inhabitants of
Mirwala village and in the vicinity. AwazCDS is also thankful to its staff members
for their volunteer efforts for the study as well to all those civil society activists
and experts for responding to our questionnaire regarding the study well in time.
Finally AwazCDS also acknowledges the support of Hienrich Boll Foundation
for getting it published.
I look forward for your comments and suggestions to improve such efforts of
AwazCDS and to initiate an advocacy campaign for the socio-economic and
political empowerment of the women in the region.
Mohammad Zia-ur-Rehman
Chief Executive
Awaz Foundation Pakistan
Centre for Development Services
Foreword
Every ruling minority needs to numb and, if possible, to kill the time sense
of those it exploits by proposing a continuous present. This is the
authoritarian secret of all methods of imprisonment The barricades break
that present.----John Berger
The main character in Mukhtar Mais case is a symbol and an object
representing numerous women in our society, who are the victims of social and
domestic violence. Another recent example of such inhuman treatment is of
Sarwar Mai from Mailsi, a town in Multan division. A landlord and his accomplices
reportedly shaved the head and eyebrows of Sarwar Mai, blackened her face
dragged her half naked in the streets and beat her up severely. Sarwar Mai was
victimized because she had developed some differences with her husband and
returned to her parents house. The women, a prisoner of her husbands will had
no right to choose to break away the barricades imposed by the authoritarian and
patriarchal attitude.
A report says that during 1999-2002 sixty-two young girls and elderly women
were killed, mostly in the spirit of revenge, by the rival parties who harbored
enmity with their male family members in Kohat, district in the northern part of
Pakistan. Similarly Mukhtar Mai had been the victim of enmity between the two
rival parties. Mukhtar Mai the woman was an object to take revenge. Although
she was not killed physically, yet bruised psychologically, gruesomely molested
and dishonored. This act may also be called the feminization of crime. Besides
the poor governance and corruption of law enforcing agencies, another important
factor for this barbaric event is the inequality in economic status. The offenders
were privileged to be not only heroic men but also from an influential and
economically strong tribe, whereas the victim belonged to a poor and weak group
of the rural community.
In the historical perspective of the structure of social violence we find many tales
of warrior men and conquering heroes, whose image had evolved together with
the image of conquering god as humanity has moved from simple modes of
relationship of hunting and gathering peoples and early horticultural societies to
the increasingly complex patterns of social dominance we know today. Zeus the
all-powerful, ruling over a pantheon of heroic rapists has been the inspiring
model of male sex. The model for woman out of the same mythology has been
submission to rape.
Women experience both structural and behavioral violence more sharply than
men because social definitions of their biological equipment assign them to a
special secondary descriptor (female) as a limitation on their social status at
every level in a given social hierarchy. The effects of this are to ensure that the
unequal distribution of resources, which is hierarchically determined in all but the
simplest, become extra unequal for women. When food, tools and supplies are
short, women do without before men do.
While there are differences in social structure between civilized / developed and
under developed societies, there are some common features of patriarchal family
structures. One aspect of patriarchal household itself, in which the male head of
the household has the power of life and death over women and children of his
family. The patriarch will protect his women from other men but there is little or
no protection from patriarch. Therefore the vulnerability of women to the
vicissitudes of the male temperament within the household is one aspect of
structural violence inherent in the institution of the patriarchal family.
The horrendous story that appeared in a highly circulated newspaper during
March 2003 is of genocide that had killed a large number of women in a town of
district Bahawalpur. According to his statement that he used to allure women,
rape them and finally killed them, because they were not Muslims. They never
said their five time prayers and never fasted. This is the outcome of unleashed
obscurantism prevailing in our country. The semi-literates that have not only
damaged the real spirit of the religion but also impeded the betterment in social
and cultural structure of the society. And women are the worst sufferers in the
given circumstances.
AwazCDS under the guidance of Mohammad Zia-ur-Rehman has undertaken a
commendable task to unveil the evils of society through their publications. Its
said that identifying the problem is the first step to resolve it. The in-depth case
study of Mukhtar Mai is the beginning of a long journey ahead.
Sheen Farrukh
Karachi
11th march 2003
Introduction
The main purpose of the book is to find out social, political, religious and cultural
factors that drive the individuals and the tribes into the criminality. Why do
sometimes the people lose confidence in the state adjudication process?
Mukhtar Mais is not the only case in our society that demands empirical and indepth study; there are enormous cases of similar nature that demand
sociological and psychological understanding. Media have been attracted to this
case instantly, with the result the administration was compelled to take urgent
notice of the gruesome incident. Many of such cases are either mal-administered
or lost un-noticed otherwise.
Mukhtar Mais case is two-pronged and needs to be addressed in sociological
and judicial context. It has not only engendered the whole process but also
convulsed the justification of the Punchait system and peoples confidence in
prevalent judicial system.
One has to assess the psychological and sociological factors at the helm of the
occurrence of this kind of cases that mostly personify women as scourge of the
sins that they never commit. Does the Punchait system aptly and confidently
mete out justice in its true spirit in present days stratified society? Does it truly
reflect, as it is commonly stated, the feudal mindset i.e. being all-powerful and
unaccountable to none? Is it really an indicator of the outdated and corrupted
law-enforcement system of the country?
Deviance is a tendency that sprouts from culture. It has been attempted to
provide the basic cultural background, along with the analysis of the data
available. Though I feel that it may be considered insufficient in many aspects, it
opens new avenues for researcher supported by better resources.
The other aspect that deserves serious attention is the role of civil society in such
cases. Unfortunately civil society is not the strongest phenomenon in our country.
However the stances of civil society groups or non- government organizations
and their efforts to condemn such happenings have been kept in consideration.
For a tangible perspective of the civil society in this case, the filled-up
questionnaires by various civil society representatives were analyzed. I hope that
the book would be highly beneficial for correctional workers, social workers and
civil society researchers.
Arshad Nazeer
Advocate Multan
Area Profile
In any socio-economic, psychological or criminological study, nothing can be
viewed in isolation. For having an insight and deep analysis of why the crime
occurs and what type of culture engenders the crime, there is always a need to
have a holistic picture of the community. The socio-economic and cultural
background of the area would surely help the readers to envisage how culture
plays its role in giving birth to such type of crimes.
Topography of the area
Jhugiwala is the Union Council and it consists of Jhugiwala, Mirwala, Muchiwala,
Kotla Band Ali Khan, Wado Wala, Daulat Wahi. Jhugiwala is the central place
and is situated in the North of Jatoi. The total area of all the six Mauzas is 13096
acres. The link of all other Mauzas with Jhugiwala is by the Kacha (un-metalled)
tracts. The accessibility to Jhugiwala is not difficult and the residents of the
above-mentioned Mauzas frequently visit Jhugiwala for their day-to-day
shopping.
It is an agricultural area with fertile soil that is irrigated by canals and tube wells,
to grow wheat and cotton as rotation crops.
Population, households and literacy ratio
Total population of this Union Council is 33, 422, which comprises of 17,181
male and 16,241 female members. There are 3082 households. Joint family
system is still valid here yet a separate Khacha room is provided to the married
couple in the same house. Most of the households dont have proper latrines.
Farms with grown up crops or bush are often used for this purpose instead.
Mir Wala is inhabited by the 50% percent of Mastoi clan and rest of the 50%
consists on other castes such as Chroos, Dhariwal, Pirhar, Tutalay, Mahr, Arayin
and Bhatti.
The majority of people living here belong to Suni and Shia sects and only 189
persons are the believers of other religions.
Generally the literacy rate is very low and women as compared to men are lesser
literate. The only entertainment and opportunities of socialization are rural fairs
(mailas) and wrestling, which are mostly male-dominant events.
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Small girls and boys of the family play together in courtyard or in fields. The girls
mostly play indoor with rag dolls etc and boys play gully danda.thats the
indigenous form of cricket. After nearly eight years of age girls movements are
restricted and they are segregated from boys. Approximate marriageable age is
16-18.
Besides, child-bearing, raising and them doing up with household chores, the
women also help in the farms at the time of sowing, harvesting, cotton picking,
watering and cutting the forage for cattle. According to religion and the
constitution of Pakistan women are entitled to obtain their due share of the
inheritance, but it is rarely practiced and women remain dependent on her family
economically. They have no access to the market; neither their bidding nor
dealing in the marketplaces is acceptable.
The average women do not own property. Yet some of the families give the
share of inheritance of immoveable property to women as a gesture, but
practically they have no role in the management of their property. They may be
the landowners in files, but their economic dependence on men of the family
continues.
Socially the women are segregated from the male factions of the society.
Womens free mixing up with men other than their own blood relatives is thought
to be against the social norms. However there is no concept of Pardha to work in
fields but when they go out of village or to city, they wear chador or burqua. The
shrines of the Pirs, Urs, marriages and deaths are the only occasions when the
women have opportunity to get together. They are confined within the four walls
of their houses otherwise.
The chieftains of the Mastoi clan with their social and political powers had been
playing pivotal role in settling disputes of the community. They are also known to
pressurize local administration to obtain decision according to their wishes.
Mastoi tribes have been playing instrumental role in the local and national
politics. To them, politics means to maintain and strengthening their social status
in the society. They are always keen to contest national, provincial or local
bodies elections. They are also very concerned about the appointment of
administratative staff. Similarly they have peculiar concept of being in the
assemblies. In fact getting position is a tool to be used to get contracts,
revenues& tax evasion etc. They dont serve people but curb them and
pressurize them for their vested interest. They want the Tehsildars, Patwaris, and
S.H.Os of the locality to be the men of their own choice, so that they are used for
their own benefit.
According to their pre- conceived perception the women are not intelligent
enough to take part in decision-making, especially in case of the conflicts and
have no role to play in administration etc. She is mans property and possession
that could be used, traded and exchanged as commodity. She has no freedom of
choice in marriage. Their families decide it.
Extra marital relationship for men is generally acceptable but there are different
paradigms to judge womans character. She is easily suspected to have illicit
affair with other man, commonly known as paramour. The conflict between
accuser and accused ignites family dispute.
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Crimes
Theft, dacoities or fraudulence and cheating are common crimes. Rather there
are many forms of stealing. Such as household robberies, of fruits and
vegetables in the farms, theft of electricity, irrigation water. Then there are
murders in case of conflicts. They are often vindictive to the opposite groups
resulting in armed clashes. Drug trafficking, setting fire of the opponents
dwellings, trespassing and house breaking, the illegal occupation of the cultivable
lands, destroying the standing crops, the supply of unnecessary water to the
fields with criminal intentions, the tramping and destroying of crops by animals,
stealing of animals, cutting off the government trees etc.
Men often assault women when they go out to lavatory (in fact an open place) to
urinate and defecate. In case the culprit is caught red-handed woman is to be
blamed for alluring him. And the incident becomes scandalous.
Major disputes, conflicts, issue and the solutions
Major disputes that take place often in and around Mir Wala are on the moveable
and immoveable property, abduction, rape and child abuse. In case of disputes,
the inhabitants to resolve the issue seek help from arbitrary heads of the tribes.
The Punchaits are usually constituted for the resolution of the disputes. The
mechanism to promulgate a body of punchait is that the senior members of
dissentient tribes or families get together. The chief of the tribe plays the role of
the Surpanch and the report to police is avoided. Nor do they like the
adjudication of their cases in the court. The verdicts passed by the Punchait are
usually acceptable for both the accuser and the accused. Usually dissolution of
the conflicts is attained in the form of exchanged marriage, giving offenders
sister or daughter or niece to the aggrieved party, pay in cash or giving away the
land as a penance of the murder committed.
In theft cases, the trend to resolve the issue is as follows:The theft of the moveable property such as motorbikes, money, gold ornaments
and animals are very common in this area. Mostly local people, who are well
known detectors or track-followers, are called on the location to follow the
footprints of the stolen animals. They are expert in following both the thieves
footprints and the hooves of the stolen animals. In local terminology they are
known as Khojis. For the recovery of these stolen articles, sometimes, the
Punchait is organized and sometimes, an individual detects the thief. The
detector manages an amicable settlement of the dispute with the condition that
half of the actual price of the valuables, articles or animals would be paid by the
real owner. This amount locally known as Phunga. The Surpanch or the detector
collects the Phunga and the stolen article is handed over to its real owner by the
detector while the identity of the thief is kept secret. When Phunga is collected, it
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The incident
The incident took place in Mir Wala. The Mastoi tribe dominantly inhabit Mir
Wala. It has already been mentioned earlier that other tribes are also residing in
this village. Mukhtar Mai, a 30 years old divorcee, belongs to the Gujar tribe,
which is not influential place as the Mastoi tribe does.
On June the 22nd 2002, Mohammad Jamil along with his two accomplices,
caught hold of Abdul Shakoor, 12 years, Mukhtar Mais younger brother, who
was sleeping under a tree. They dragged him to sugar cane field and sodomized
him one after the other. Abdul Shakoor, being molested against his will,
expressed his intention to disclose the commission of the sexual offence to his
relatives. Revengefully, he was confined in a room. Abdul Khaliq, the abettor in
this case, brought his sister, named Salma alias Naseem Mai and confined her in
the very same room. The news of Abdul Shakoors rape with Naseem Mai was
circulated in the village. His father and other members of the house reached the
spot along with the holy Quran so as to prove Abdul Shakoors innocence. But
they persistently implicated Abdul Shakoor to have committed rape with Naseem
Mai. It was an act that had blemished their honour. Resultantly, the revenge of
the incident had become the matter of their tribal honour. Abdul Shakoors
brother named Hazoor Bakhsh and Maulvi Altaf Hussain approached Thana Jatoi
and informed the Police that Abdul Khaliq etc. had unlawfully confined Abdul
Shakoor into a room with an intention to kill him. The A.S.I, named Muhammad
Iqbal, Thana Jatoi, approached the spot and brought Abdul Shakoor to the police
station. Abdul Shakoor was kept under police custody for the whole night. Later
on, Ramzan Pachar along with some others demanded Rs. 10,000/- to grease
the palm of the police for the release of Abdul Shakoor. Apparently, some of the
police officers seemed to be already familiar with the entire affair. Despite that
Abdul Shakoor was kept under custody, the fact that he was sexually abused
was corroborated with the medico-legal report.
While the Mastoi tribesmen took the plea that Naseem Mai was dishonored and
they would wreak its revenge by dishonoring Abdul Shakoors sister. In this
connection, the Gujar and Mastoi Bradri (tribe) held separate meetings on June
22. By then, the only information that Abdul Shakoors parents had, that he was
caught with Naseem Mai.
In the meeting of both clans, prior to the release of Abdul Shakoor, it was
decided that his sister, Mukhtar Mai, the woman of the Gujar Bradri, should
present herself in front of the local Punchait and apologize for her brothers
misdeed. Gujar Bradri opposed the decision, yet for the sake of reconciliation
between the estranged clans, it was proposed by Abdul Razaq and Hazoor
Bakhsh that there be an exchange of marriages between the clans. The proposal
was that Mukhtar Mai is married to Abdul Khaliq and Naseem Mais marriage be
made with Abdul Shakoor. It was decided that Mukhtar Mais marriage be held
immediately while Abdul Shakoors marriage be held on the next morning, when
he would be released from the police station. Abdul Khaliq disagreeing to the
proposal, reiterated that Gujar Bradri dishonored the Mastoi community, therfore
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the Gujar community should meet with the same fate. According to the
prosecution, Surpanch, (Head of the Punchait) named Faiz Mohammad of the
Mastoi clan asked Sabir Hussain, the maternal uncle of Mukhtar Mai to bring his
niece in to Punchait where she would apologize in front of all, so as to settle the
matter finally. Eventually Mukhtar Mai was brought to the Punchait. On her
arrival, Faiz Mohammad Mustoi said that since the woman has come in person
therefore all apologies should be accepted. On the contrary Abdul Khaliq insisted
that the act of dishonor be repaid with dishonor. On this, Abdul Khaliq, Allah
Ditta, Fayyaz Hussain and Ghulam Farid caught hold of Mukhtar Mai and
dragged her into a hut a few yards away from the place of their meeting. The
incident is said to have occurred in the presence of hundreds of spectators. A
large number of men belonging to Mastoi clan present on the spot were merrymaking to celebrate their revenge. They gang-raped Mukhtar Mai one by one and
threw her out of the room half-naked. The spectators adhered to the brutality by
showing no reaction or opposing the act. The majority of them were from Mastoi
tribe equipped with arms.
Registration of FIR
The FIR was registered after 8 days of the occurrence and there was panic in the
whole area. The people remained lip-tied. Maulvi Abdulrazzaq took a bold step
and protested against this inhuman act in front of the gathering during Jumma
prayer. Later on, a local Journalist Murid Abbas reported it to the news papers.
When the news of the heinous act appeared in the national and international
media, the pressure was mounted on to the police to lodge FIR of the case.
Secondly the Khateeb, Maulana Abdur Razzaq, who heralded the incident during
Jumma Prayer, raised the pressure; he protested against the decision and
demanded the arrest of the culprits.
According to Mukhtar Mais statement given to the press that the SP Crime
Branch blamed her in order to save the police officers from their criminal
negligence.
The July 11th report of the Governors Inspection Team revealed that the police
and the Nazim were involved in the crime and they played the barbaric and
inhuman role in the case. Governor, Lt. General (Rtd.) Khalid Maqbool visited
Jatoi on July 15th and Saeed Awan, the SHO along with other police officials of
Jatoi Police Station were suspended on the charges of accepting bribe and
negligence of duty. The registration of the case was directed against the police
officials. On July 16th, three Sub Inspectors, Nadir Khan, Imam Bakhsh,
Mohammad Sadiq and one ASI, Mohammad Aslam were suspended from their
services.
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inhuman incident. During the first eight days no FIR was registered. It was only
when the incident had been flashed internationally the police had to register the
case. The Chief Justice of Pakistan, taking the suo motu action, summoned the
IG Punjab, Home Secretary Punjab, DIG Dera Ghazi Khan, SSP Muzaffar Garh
and DSP Jatoi and ordered for the speedy trial of the case in Anti-terrorist Court.
He ordered that the trial of the case be made within three weeks. The western
media over-played the event and targeted the entire Pakistani community, with
special reference to Islam and the Muslim world.
The original contents of FIR
I am a divocree, I live in my parents house. On 22-6-2002, my brother Abdul
Shakoor was suspected of having illicit relations with Naseem Mai D/O Imam
Bakhsh, Caste Mastoi, R/O Mir Wala. With a view to having the decision of this,
the gathering Ikath was called for. Ghulam Rao Bahadar Khan, Altaf Huassain
S/O Bahadar Ali, castes Mastoi, and many others were present there in the
gathering. Mohammad Ramzan s/o Karim Bakhsh caste Pichar, Ghulam Farid
S/O Mahmood Caste Mastoi were representatives of Abdul Khaliq while Faiz
Bakhsh Khan S/o Khair Mohammad, caste Mastoi was appointed as arbitrator.
It was decided that Nasim Mais marriage be made with Abdul Shakoor S/O
Ghulam Farid and Mukhtar Mai be given to the son of Imam Bakhsh in exchange
of this. But Abdul Khaliq, Mohammad Ramzan, Ghulam Farid dissented with this
decision and demanded that Ghulam Farid should hand over his daughter to
them so that they could commit adultery with her and the crime be reciprocated.
Then they would reconcile. All others who were present in the gathering opposed
to this. Maulvi Abdul Razaq and Manzoor Ahmed left the place. On the cruelty
and interrogatories about the reconciliation, my maternal uncle Sabir Hussain
S/O Ghulam Qadir brought me to the Punchait and said that I should tender an
apology in consonance with the Baloch traditions so that the incident should be
equated and reconciliation be made. Then Abdul Khaliq caught me by my left
arm and I forcefully got my arm disentangled. Faiz Bakhsh Mastoi spoke that she
should be forgiven. Abdul Khaliq armed with Pistol, Allah Ditta S/O Imam
Bakhsh, Fiyyaz Hussain S/O Karim Bakhsh, Ghulam Farid S/O Mahmood castes
Mastoi fetched me to a room. Abdul Khaliq, Fiyyaz Hussain, Allah Ditta and
Ghulam Farid committed Zina-e-Haram with me turn by turn. They dishonored
me ruthlessly. I kept on screeching. After they had discharged from this Zina-bilJabar, I came out of the room and called out my father, Ghulam Farid. Besides
my father, Ghulam Nabi S/O Bahadar Khan, Altaf Hussain S/O Bahadar Khan
castes Jatoi, R/O Mir Wala were the eye-witnesses to this incident. I know the
above-mentioned accused previously. By this time, I could not come to get the
Report registered because of terror, poverty and upset-ness of the incident. This
day, accompanied by my father and other witnesses mentioned above, when I
proceeded to Thana for getting the Report registered, in the meanwhile, you met
me on the way. Now I get my statement recorded that the legal action should be
taken against them. Left-hand thumb print of Mukhtar Mai, the prosecutrix,
certifying signature of Malik Ahmed, Inspector, SHO Thana Jatoi. Dated 30-6-
17
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custody. The police are supposed to be vigilant about unlawful acts and also to
take preventive measures against all the apprehending crimes. But the nonchallant- attitude of the law enforcing agencies was frustrating as it usually
happens in cases of such nature. In other words police failed to perform duties in
its professional manner. In fact its customary that the outgoing officers briefs the
new entrants about the tribes, locality and general trends of crimes. The Mastoi,
as has been mentioned earlier, is the most influential tribe, socially and politically.
They know all the tactics to keep a strong hold on the police and other
administrative bodies. While the Gujar tribe as compared to them stands
nowhere. It is an obvious speculation that the offenders concocted the story
about Abdul Shakoor. Gujar tribe, the aggrieved party was helpless throughout
and could not deter against the formidable enemy
It has also been observed that the Nazim of the city government was well aware
of the whole affair and he sided the the Mastois instead of helping out the
victimized people. Mukhtar Mai, her father Ghulam Farid, uncle Sabir Hussain,
brother Hazoor Bakhsh and other spectators were terror-struck, rather dumb
folded to the extent that none of them went to the police station for the
registration of the case.
Technically the FIR registered by the Police was also defective. It said that when
the police was forced to register the case, the presence of 30 to 40 armed
persons was not mentioned. Similarly tyrannical half naked walk of the victim in
the presence of hundreds of the spectators had not been the part of the FIR,
whereas it is a crime under Section 354 A of the Pakistan Penal Code. The
family members of the offenders were put under unlawful police custody so that
the offenders are caught.
The delaying tactics on the part of the influential member of the Jirga were used
with an intention to protect the accused of the case.
The victim and the other members of the family were not provided with
appropriate protection by the law enforcing agencies. On the contrary, the
aggrieved party received threats to life.
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women who are more often victims of injustice. The exchanged marriages are
outstanding examples for treating women as commodity. 7% showed their
mistrust in the Punchait system, and also demanded the reforming and
overhauling of the law-enforcement agencies. They look towards the state to
provide them justice, yet on the conditions if law- enforcing system becomes
trustworthy.
In the opinion of other tribes
73% people showed their mistrust in the Punchait system. They were of the view
that the verdicts of the Punchait are most of the time tilted towards the influential
ones. Complete justice is never done. But if the situation is compelling to take a
course other than the Punchait, there would be one to come to their rescue. They
expressed their dissatisfaction over the functionalities of the law-enforcement
agencies that bribery is the only way to get their work done by the police. Under
the circumstances they are once again at the mercy of their Sardars. They said
that the court system, being very costly, is out of their approach. They go to the
courts mostly for the settlement of their land and water disputes only when there
is no other solution. Initially they try to avoid the courts because of the exuberant
fees of the lawyers and lengthy judicial system. They resort to the Punchait
system otherwise. They said that they respect women and consider them their
honour. But the preferential and discriminatory treatment is made for the women
of the lower tribes and the women of high tribes. They expressed about their
acceptance over the exchange of marriages in such cases.
20% stated that in the cases of small rifts, the decisions of the Punchait are not
biased. e.g. reconciliation in inheritance, the division of property, small rifts
between the brothers between masters and workers, or land lords and peasants
etc 7% said that if there is no Punchait, it would be difficult to have our problems
been resolved , because usually the police never investigate without any hush
money or being under the pressure of the tribal chiefs. There is no hope of justice
in the courts. Hence, they are forced to look to the Punchait resolve their
problems.
Women had said
Nearly 90% of the womenfolk knew nothing about the law-enforcement agencies
and its functions. However 58% women showed their indignation on the
exchange of the women in the case of the decisions by the Punchait. 27%women
was of the opinion that alls the mens job. They are not supposed to object but to
submit to their will. The things go worst otherwise that include murders in both
the parties. They were ignorant of any parallel judiciary system. 13% out rightly
refused to answer the questions; yet it was explained by them that they couldnt
go against the will of their men. Some of them didnt foresee any positive change
in the present set up. 2% reposed their trust in the Punchait system, rather they
demanded that the women must be the members of the Punchait. However their
distrust in the law-enforcement agencies was also apparent. No data from the
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Chief tribes and their women in this regard could be sought out. It was hard to
contact them and get their opinion on the issue.
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Though it is reflective that many offences are committed under the covering of
the Punchait system for being the members of the majority, socio-politically
influential tribes, yet the crime cannot directly be linked with the Punchait system
because it is the system, whose historical and cultural evolvement was meant for
the prevention of crime. The changing trends in the culture and the requirement
of the professional acumen of application of judicial minds in the decisions such
Punchaits are worthless.
Crime and violence appear in every society and to a certain extent it is normal
but if the rate of the crime rises than its normal number, it is an apprehensive
indicator for any society. Most appropriately putting it in Emile Durhams words:
In the first place crime is normal because a society exempt from it, is utterly
impossible. Crime consists of an act that offends certain very strong collective
sentiments. In a society in which criminal acts are no longer committed, the
sentiments they offend would have to be found without exception in all individual
consciousnesses, and they must be found to exist with the same degree as
sentiments contrary to them. Assuming that this condition could actually be
realized, crime would not thereby disappear; it would only change its form, for the
very cause which would thus dry up the sources of criminality would immediately
open up new ones.
Civil Society Reaction against the decision of the Punchait
Following is given the data collected from NGOs activists. The data collected
from the male social activists and that of females are separately described:
98% percent activists were of the view that Mai case was a Human Rights
violation and it was a gender prejudice.
Nearly 46% of the male social activists viewed that Mais case was a wellconceived. They said that it was a decision given by the Punchait. They said:
Such type of violation can take place with boys and girls of tender ages as well.
It was also termed as a crime of gender prejudice. Responding to the question of
redressal of such criminal activities, they said: The law-enforcement agencies,
judiciary and social sectors are the institutions that can jointly take remedial
measure. Pointing towards the root-causes of such crimes, they said that
various social, psychological and economic factors underlie for the commission
of such crimes.
Addressing to the question of the Civil Societys strategy of prevention of such
type of crimes in future, education, awareness and dissemination of tolerant and
democratic culture among the communities were factors that were termed as of
supreme importance.
They viewed that the role of NGOs under such kind of circumstances is
enormously increased as they are the agents who can work at grassroots level
and disseminate awareness amidst the common people through informal
education.
They were of the view that the NGOs can play the role as watchdog in mounting
the plebs pressure over the impartiality of the Law-enforcement agencies. They
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can also demonstrate against such crimes on roadsides, in front of the Press
Clubs and in front of the courts. The pressure for repeal of discriminatory laws
and promulgation of equality-based laws for both sexes can be mounted against
the law-makers.
15% were of the view that it was not a pre-planned case, it was an accident. But
the Punchait decision was not justified. They said that such type of crime cannot
take place against the boy. It can take place with the girls of tender age.
All sections of civil society expressed their dissatisfaction over the decision. The
Women Lawyers of different area generally and those of Multan especially
protested against such type of inhuman and barbaric crimes. They demanded the
government for preventing the Punchait to give such type of decisions.
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who sexually abused a 12-year old boy, Abdul Shakoor, was also a deviant.
Abdul Khaliq, who touched the abyss of disgrace and disregard in terms of the
social and religious norms and values of the locality by confining his own real
sister along with Abdul Shakoor.
Furthermore, for the study of the behaviour of these deviants, the family
background, their upbringing, their social circles and relationships are
rudimentary, which we are unfortunately devoid of.
To show the importance of these factors in the study of such criminals
behaviors, it is apt to quote the words of S.W.Ranson: ..It is said that the
character of the reaction depends upon what the life situation involved means to
that person..Whether the manner in which a person responds in life situations
is the result of habit or deliberation, his reactions are regarded as the expression
of his personality.
It is further said: Man is born into a culture. He arrives biologically equipped to
receive and to adapt knowledge about himself and his relationships to others. His
first social contact is the beginning of a life-long process of coordination during
which he absorbs and adapts ideas that are transmitted to him formally or
informally by instruction or precepts. These ideas embody meanings attached to
customs, beliefs, artifacts, and his own relationships to his fellow men and to
social institutions. Looked upon as discrete units, these ideas may be regarded
as cultural elements, which fit into pattern or configurations of ideas, which tend
to become fixed into integrated systems of meanings. Embodied in the mind they
become personality elements, and the sum total of all such elements may be
conveniently called personality, as distinguished from the persons biological
individuality or his inherited and acquired morphological and physiological traits.
Personality then rests upon a biological foundation, which is of the greatest
importance in the formation of personality. The biological make-up of an
individual fixes limits to personality development, determines the character of the
receptive and adaptive processes which transform cultural elements into
personality elements, and influences the latters expressions in social activity
Conduct can occur only in situations, which are defined by some social groups
and governed by a rule of some sort. Furthermore, all conduct has been socially
conditioned, since personality is a social product.
Hence mind is the social product, there must have been the extensive record of
these deviants bringing up, their social circles, their acculturation and
socialization through informal institutions which could have aided in the empirical
research. Furthermore, the record of the language, body language and exchange
of hot words, if there were any; and many more that took place during the
incident and on the spot is not so unimportant to be overlooked in such kind of
study. We are once again unfortunate that there is nothing to analyze.
Insofar as the Punchait as a social control mechanism is concerned, Faiz Mastoi,
the old conformist and traditionalist spoke eloquently on the occasion but his
reins on the young generation seemed to have loosened.
The noticing of the demeanors, though it is the requirement of the courts
procedure, is rarely done. So far as the recording of the minute details of the
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case is concerned, our police is not properly trained for investigative purposes.
Judiciary and the practicing lawyers are bound by the criminal procedure code.
According to the legal definition of the criminal it is the one who is only
adjudicated by the courts. In this respect, the lawyers as professionals make their
witnesses learn that how the case is strengthened or weakened as defense
counsels or prosecutors. They try their hardest to prove the accused an innocent
by stretching the ambit of the code while the prosecutors remain disquiet in
proving the accused a real guilty. In the tug of war of two professional
intellectuals, the reality slips somewhere else.
Anyhow there is a stark need of research in the field of crimes, criminals and
criminology in our country.
Human Rights Violation
In Mukhtar Mais case it is quite clear that the vindictiveness the rapists showed
was not only barbaric but also the human rights violation. The way the Jirga was
organized reflects that the majority community of the locality accept one womans
apology on the crime committed by someone else and the women do not have
the right to speak in the presence of the male members.
One Mukhtar Mai and one Salma, who were by no means any conspirators or
abettors of the case were victimized. This is the violation of their human rights.
The wrong detention of Abdul Shakoor and Salma is another act of human rights
violation.
The article 25 of the Constitution of Pakistan states that there wouldnt be any
discriminatory treatment on the basis of gender, religion and race. It means that
everyone is equal in the eyes of law and should be treated equally. Though it is
said that the Surpanch said that the female member of accused party had come
to tender an apology for the commission of her brothers crime, the general
penance should be given to them. But the question of womens status and
freedom of speech still remain unanswerable. The so-called Punchait system,
which is organized for the very purpose of adjudication is against the very spirit of
judiciary because the women, in this type of local judicial system, are not only
given discriminatory treatment but are also on the permanent risk of being illtreated and exploited in the name of justice.
The tribe-based selection of the Surpanch or juror also constitutes the problem.
It violates the sole procedure in the court of criminal justice for no arbitration in
criminal cases is permissible.
Gender Discrimination.
From the very start to the end this case indicates that there was no free will and
opinion of the two women involved in the incident. None, sitting in the Punchait,
bothered about recording the veracity of what happened and how all that
happened with Salma alias Nasim Mai. She is the most dumb and deaf character
of the story. It reflects the behavior of men with women generally and especially
in the Punchait. Lets have a look on the other side of the story. If the whole
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situation was worsening due to this incident, couldnt it be possible that she
should have come to the Punchait herself and disclosed the truth. It means either
she was under the pressure of authoritative men of the family or she was
threatened by her brother to not to disclose the secret. There may be another
presumption that it was culturally discredited that she showed up in the presence
of men in large number. Had all above-mentioned presumptions been true, there
is one possibility, which is true to a great extent that the women often share such
type of things with friends or sisters. If it was impossible she could have shared
all this with her mother. Maybe she did so, but once again, we are forced to think
that she was after all a woman. Keeping all these possibilities in mind it is
obvious that the dominance of men over women, within the family and outside is
a hard fact. Secondly, we see that Mukhtar Mai couldnt help submitting to the
will and norms of the Baloch traditions by asking for apology in the presence of
the Punchait for the sin she never committed.
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civilized society can allow the people to take the law into their own hands in this
way. The ever-increasing trend of such type of crimes must be discouraged and
the courts should deal with the criminals sternly and in due course of law. The
women while expressing their satisfaction over the decision demanded the
government to ban the unchecked sale of acid, which is nowadays being used as
a weapon against the innocent women. They further demanded that the acid and
stove-burst cases be tried in Anti-terrorist Court so that such type of crimes
should be eliminated from the society. Such type of decisions can eradicate
tyranny and injustices from society, The people explained. The civil society
activists while condemning the Thana culture demanded that police violence and
all type of injustices against the poor ones particularly women be stopped at
once. They said that the decision against two Surpanchs and four other accused
was the voice of all the innocent people. It was a just decision. NGOs
representatives enjoined upon the government for the immediate action on the
decision.
Developmental works initiated at Mirwala after the Incident
After the occurrence of this incident and its publication in the national and
international media, our government was sensitized and continued some
developmental projects in the locality. The very analysis of this incident
compelled the government to root out the causes that become the bases of such
type of infamous cases.
Shaheen Ateeq-ur-Rehman then Provincial Minister visited Mai and consoled
with the aggrieved party on such a calamity in the family. She condemned the
inhuman treatments with the women and assured the affected family for speedy
justice. President Musharafs wife donated Rs. 5 lac to help her out from the
financial constraints. The girls school was also approved to be constructed in Mir
wala. According to her, this financial assistance was surely not the substitute for
what she had lost. Mai donated this amount for girls education in the village.
A Boys Primary School has also been constructed there. It has rightly been
realized that the higher the number of the educated male members would be, the
more sane and sensible reaction against the womenfolk they are likely to show.
One Girls Primary School is also under construction with the name of Mukhtar
Mai in front of her home in Mirwala.
One Police Choaki has been set up there permanently so as to prevent all types
of crimes. Due to the establishment of this Police Choaki, the number of the
crimes is said to have remarkably decreased. But the presence of the Police
Choaki does not indicate any positive change in our culture until and unless there
is a full supervision over it.
One road, which starts from Jatoi town and ends to Mirwala, has recently been
completed. Due to this modern communicational means, the change in the socioeconomic lives of the small landlord may be expected. The frequent visit to the
urban areas would work a healthy change upon their lives.
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Conclusion
32
Annexure
33
Glossary
Arayin
Caste
Bhatti
Caste
Bradari
Fraternity/Family relationship
Choaki
Chroos
Caste
Chullas
Caste
Daulatwala
Dera
Dhariwal
Caste.
Gujars
Caste
Gullydanda
Hudood
Jhugiwala
Jirga
Jumma
Friday
Kacha
Uncarpeted
Kala kali
Blackened/ defamed/deflowered/dishonoured
Kotla Band Ali Khan, Name of the place
Mahr
Mailas
Fairs
Mastoi
Mauzas
Caste
Cluster of Villages under one Patwari for revenue
collection
Mens ria
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Mirwala,
Misal
Muchiwala,
Muharrar
Nikkah
Pardha
Partt Chaharum
Patwari
Pirhar
Caste
Punchait
Sardar
Feudalist
Shia
Sou moto
By one own
Suni
Surpanch
Tehsildar
Thana
Police Station
Tutalay
Caste
Urs
Visakh
Wadowala,
Wani
Watta Satta
35