Daily Times

The cruel rape and murder of Zainab has been a rude awakening for many. Public outcry has spurred the police into action and a sketch of the possible culprit has been released. According to the sketch, the perpetrator is clean shaven; however CCTV footage has surfaced which shows Zainab comfortably walking with a man sporting a beard. It is as if the police are trying to protect the sanctity of a religious image.It is my personal hunch that the girl was walking with someone she knew. This person could have been from her school or madrassah. It is unlikely that it was a relative, because the CCTV footage would have led the investigators to that relative.

Zainab’s case is not the first of its kind. In the recent past, many children have become victims to paedophiles. In many cases, the offender turns out to be a religious scholar, tasked with teaching the child the Holy Quran. As a religious society, we attach to much significance to superficial displays of piety. Recently, the prayer leader of a local mosque in Hangu’s Thal Tehsil and his aide were apprehended by the police for allegedly sexually abusing and killing a seminary student. The epidemic of clerics and religious teachers abusing children has become so prominent that it is getting reported by the international media as well.

On November 22, 2017 The Independent – a British newspaper – ran a story titled ‘Islamic schools in Pakistan plagued by child sex abuse, investigation finds.’ In that news piece, a senior government official is reported to have admitted that many religious schools are ‘infested’ with sex offenders. However, due to the influence exercised by clerics and their support groups (some of which include militant outfits), registering a case against them is difficult. The same article reports that incidents of sexual abuse of minors by religious clerics in the past 10 years exceed 350 reported cases. Of course, the actual number of these cases is likely to be much higher, owing to the fact that many people are too afraid to accuse clerics. In 2014 whilst reporting the rape and murder of a child whose body was found on the rooftop of a mosque, Dunya News revealed that out of 2000 rape cases reported in Punjab, 250 involved children being brutally raped and murdered.

Cases related to such assaults on children are normally heard by judges who usually deal with petty crimes. Are such judges trained enough to issue sound judgements in these cases? The previous Kasur incident which revealed that hundreds of children were being sexually abused and blackmailed by a child porn ring, pushed lawmakers to pass legislation of child sexual abuse. However, such cases are still tried in local courts. Furthermore, the maximum punishment for sexual abuse of a child is only seven years imprisonment and a Rs 700,000 fine. This legislation also hasn’t provided any significant procedural reforms for conduct in cases of child sexual abuse. As a result of Pakistan’s tedious legal system, such cases are often eventually settled outside the court. Intimidation is often a factor in these settlements.

As a result of Pakistan’s tedious legal system, such cases are often eventually settled outside the court. Intimidation is often a factor in these settlements

Reactions of many politicians following such incidents are also shameful. When the Kasur child sexual abuse scandal surfaced, Rana Sanaullah stated that a government inquiry committee concluded that no instance of child sexual abuse had been reported. When Zainab’s story surfaced and people expressed their outrage, the police attempted to repress them through firing and baton charge rather than assure their cooperation.

The government must improve the legislation on child sexual abuse. The legislation must also ease the trial process of such cases and the minimum punishment for rape must be a death sentence. Similarly, molestation of children should be punished by life imprisonment as well as registration as a child sex offender. Moreover such cases should be heard by special courts. The government should also control the mushrooming growth of unregistered religious schools in the country. There must be certain legislation on who can run the religious schools and how much minimum education and training is required for hiring teachers at such schools. It is a pity that our religious scholars are now considered unsafe for a child to be with.

The author is working as Assistant Professor

Published in Daily Times, January 13^th 2018.