At least three headlines should have shaken us a nation, but didn’t. 25th March: Woman locked in chains for days and tortured by husband. 26th March: Sexually abused young orphan commits suicide after being blackmailed. 27th March: Husband with employees strips and beats wife for refusing to dance. On three consecutive days horrific crimes were committed in our country. But we chose to click next. With Nawaz Sharif’s bail and Asad Umar’s economics, sufferings of ordinary people were slipped to the end of the problems que.
Sexual abuse in Pakistan is not uncommon. Perhaps this is why our reaction to every horrific story that surfaces has become mechanical; ordinary citizens condemn the crime on Facebook, politicians in power take notice of it on Twitter, activists gather at the police station to ensure an FIR is registered. A few days pass and the rage subsides. The victim becomes a statistic and our society moves on, only to repeat the same process at the next headline concerning sexual abuse.
The flaws in our legal system which enable such crimes to go unpunished are endless. Corruption in police departments is devouring any possibility of justice. Unless you have social/mainstream media on your side, an FIR must be bought- not just registered. In rural areas where feudal systems still govern lives, even purchasing an FIR becomes impossible. On the contrary, victims are threatened with having fake cases registered against them.
If somehow an FIR is successfully filed, the journey to justice can take decades and cost thousands of rupees, because even the cheapest lawyer has to be paid till the case comes to an end. Thus justice becomes a luxury not everyone in Pakistan can afford. If somehow a victim pays the legal cost and lives long enough to hear the verdict, it is very likely the accused will walk free due to lack of evidence. Mukhtar Mai’s case is a prime example of this.
Almost 17 years ago Mai was gang-raped at the behest of a Jirga by 14 men as revenge, when her younger brother was accused of illicit relations with another girl from a rival tribe. Rebelling against tribal customs she took the case to court. Once a vulnerable woman from the village of Meerwala, Mia became a symbol of unending strength across the globe. She chose to be a survivor instead of a victim.
Judicial reforms in Pakistan are long overdue. In this day and age of technology an FIR is still registered by hand in barely legible writing. Legal loopholes concerning evidence in sexual abuse cases continue to make a mockery of the victim
People from across the world stood with Mukhar Mai. However, Pakistan’s justice system failed her. In 2002 an anti-terrorism court released 8 of the suspects while sentencing 6 of the men to death. Three years later, 5 of these convicts were acquitted by the LHC in 2005. Today, almost seventeen years have already passed and her review petition is still pending in the Supreme Court. How many more years will pass before Mai gets justice?
Judicial reforms in Pakistan are long overdue. In this day and age of technology an FIR is still registered by hand in barely legible writing. Legal loopholes concerning evidence in sexual abuse cases continue to make a mockery of the victim. In Mai’s case the LHC stated in its decision that there was no evidence found which proved that Mai had demonstrated any resistance to the assault. Thus to say the legal system is flawed would be an understatement.
According to the 2017-18 World Justice Project Rule of Law Index, which measures whether ordinary people can resolve their grievances through the civil justice system, Pakistan is ranked at 105 out of 113 countries. To address this issue, adequate judicial reforms will require tremendous work over many years. In the meantime courts will keep churning out a much diluted form of ‘justice’ and offer little solace to victims of sexual abuse.
The legal system in Pakistan continues to fail hundreds of citizens like Mai and yet, when another story of sexual abuse surfaces we turn to the same old system expecting justice. Einstein defined insanity as doing the same thing over and over again and expecting different results. Are we then insane or are we compelled to this insanity by a system that gives us no alternative?
There is a limit to how long a system can fool its people. One day the realization will set in and their rage will be unleashed. If judicial reforms are not brought about to ensure speedy justice, the next victim, their family, the citizens in general will all be lead to believe there is no point in taking the case to court and society will fall prey to civil unrest. The que before the guillotine will be a long one.
The writer has a Masters in media with a distinction from the London School of Economics. She Tweets @mawish_m