Recently, news broke out about the alleged mistreatment of a minor housemaid, reportedly 10-years of age, by an Additional District and Sessions Judge of Islamabad Capital Territory. It was narrated in the news that the Judge and his family have been accused of keeping the minor victim in wrongful confinement, burning her hand, beating her, and detaining her in a storeroom. The pictures shared on the television channels and news clippings clearly show bruises on the face and hands of the victim. It is reported that the victim has been working at the house of said Judge for around two years, and has been made subject to similar treatment for almost the entire time and that too in consideration of a sum of the amount paid by the family of Judge to the family of the victim.
As soon as the media highlighted the news, the honourable Chief Justice of the Islamabad High Court took action and appointed the Registrar of Islamabad High Court — as a single member inquiry commission — to probe into the matter, and submit his report positively within two days. The said report remained confidential, like a number of other reports of inquiry commissions.
It was reported in the news that the minor victim was recovered from the house of the Judge, a FIR was registered, and the matter was investigated by both the police as well as the medical board, which held the Judge culpable of the allegations levelled against him. The Registrar also concluded his report; but from somewhere, the family of the victim suddenly emerged on the scene, pardoned the Judge, and declared the entire case against him as baseless. And amidst all this, the Judge remained the ‘Honourable’.
Now that the honourable Supreme Court has taken a suomotu action, and has called for the report of the Registrar, Islamabad High Court, the relevant record, and the parents of the victim, who disappeared right after settling the matter with the Judge, the issue shall come before the public more transparently. This proactive action, by the honourable Supreme Court, is yet to be concluded and may have consequences for several.
In this regard, three issues need consideration. Firstly, the laws relating to the minor workers, secondly, the blatant violation of the laws by a Judge, and thirdly, the verification of the alleged family of the victim at the time of recording of compromise.
It is pertinent to point out that a number of laws are already in place regulating and prohibiting the employment of minor children at any workplace, including bonded labour, and the pledging of minors. In addition to that, Article 25-A of the Constitution provides for compulsory provision of education to the same. Another law, specifically relating to the domestic workers, has already been presented to the Senate for its approval, and the same relates only to the Islamabad Capital Territory. However, in utter disregard of these laws, people are hiring minors for work since they are easy to be trained.
In this aspect, the most ironic fact is the blatant violation of all these laws by a sitting Judge of the most senior judicial forum in a district. The Honorable Him has completely disregarded the provisions of various laws and has not only hired a minor girl of around ten years for working at home but also paid money to her alleged family members, thus, partaking in the gruesome and deplorable activity of bonded labour and pledging of workers. This amounts to the violation of the laws as well as the clear provisions of Constitution by someone who himself is sitting at the highest position in a district (having equivalent power as that of a District Judge, excluding the power to regulate administrative affairs) of the most sacred institution in this country — the judiciary.
As soon as the news started floating about the brutality being done with the minor victim, it was further reported that struggles were being made to save the Judge, and soon after which the family members suddenly appeared and settled the matter, and declared the case as baseless. No one had the audacity to verify the details of victim’s alleged parents, but the august Supreme Court, who has taken a suo motu action, and after calling the record, has ordered to conduct DNA test of the parents.
This entire episode highlights the epitome of hypocrisy that we, as human beings, breed and live by. It is appalling to witness an act of such grave injustice being done by someone who carries upon himself the responsibility, and undoubtedly the burden, to grant justice to the people; who is under an oath to uphold the word of law; who has taken upon himself the obligation to be fair; whose duty it is to protect the rights of the people; whose honorrequires us to bow before him; whose integrity we don’t question; who is an ‘Honorable’ person for he is part of an institution whose very existence is considered sacred.
Let us hope that the action taken by the Supreme Court bears fruit for not only the victim of this case but for several others who are forced into bonded labour but whose voices are never heard. It is imperative that the precedent set by the Supreme Court be used a cornerstone to bring an end to the cases of child labour and domestic violence, and bring forth legislation to cater for such situations, which is the need of the hour.
The writer is a Lawyer based in Lahore. He can be reached at [email protected] or Twitter: @haseebajaved