[Reader-list] PAKISTAN: A Hindu teenager is told to marry her alleged rapist

[Pawan Durani]

PAKISTAN: A Hindu teenager is told to marry her alleged rapist; police
and courts fail to act

The Asian Human Rights Commission (AHRC) has learned that four men who
allegedly assisted in the rape of a young Hindu girl have been granted
pre-arrest bail by a session court. Rape is a non-bailable offense in
Pakistan and this is against criminal procedure and the law. Attempts
by the family to file an FIR and obtain a medical report have been
obstructed by local police, who later arrested the victim's father on
a false offense. Meanwhile members of an illegal tribal court have
reportedly proposed that the victim marry her rapist and convert to
Islam. She has threatened public self immolation if the perpetrators
are not arrested and brought to justice by the authorities.

CASE DETAILS:

According to information received from local NGOs, the Pakistan Dalit
Solidarity Network and All Kohli, Ms. Kastoori, seen in the video clip
below (also here), is 17 years old and was abducted on 24 January
2010.

After being taken in the evening by Ramzan Khoso, Habib Ullah Khoso
and Ghulam Nabi Khoso, with the help of their armed guard Verio
Gur-Ro, Kastoori was allegedly raped by Ramzan, the eldest of the
brothers. She was recovered the next day from the mens' residence by a
group from her community, where she was found tied up.

On 26 January Kastoori's parents tried to register a First Information
Report at Nagar Parker police station but were turned away. Because of
this they could not obtain an official medical checkup for her at the
civil hospital or the Nagar Parker hospital, which they attempted to
arrange on 27 January.

The family rejected an out of court sum offered to them by the father
of the three perpetrators, Muhammad Bachaal Khoso, who is an office
bearer for the local ruling political party and reportedly wields
political influence. He arranged a jirga – an illegal tribal court –
on 9 February, allegedly within the knowledge of Nagar Parker police
officers. The jirga members allegedly pressured the victim's family to
accept the marriage of the victim to her rapist and her conversion
Islam. The family rejected this proposal and continued to try to use
legal channels.

With the help of NGOs Kastoori's father was able to file a petition
with the Sindh High Court on February 12, which ordered the filing of
an FIR and a medical examination on 17 February. The report noted that
due to the length of time since the alleged rape it could not find the
necessary evidence.
Although an FIR was finally lodged on February 17 under Section 365-B,
the perpetrators were not arrested because they had successfully
applied for pre-arrest bail from the Sessions Court in Mithi, even
though the court is not authorized to do so at that level. We are told
that the police then arrested the father of the victim (along with 12
others) on February 18 for stealing valuable sap from a Guggal plant,
although Guggal is not cultivated in the area.

At the Hyderabad press club Kastoori (featured in the You Tube video,
embedded) has threatened to publically kill herself if the
perpetrators are not arrested. Mr. Hameed Chand, Assistant Sub
Inspector in Naga Parker, and the investigation officer have told
human rights activists that they are being prevented from pursuing the
case by ruling party members and local landlords. The victim and her
family are in hiding, and civil society protests have reportedly not
resulted in further action from the authorities.

ADDITIONAL INFORMATION:

The AHRC received frequent reports of forced marriages of minority
girls with Muslim men in areas along the Indian borders that have
large Dalit Hindu populations, such as Thar Parker, Nagar Parker, Umer
Kot, Mithi and Karoonjhar. The term Dalits are members of a scheduled
caste, and due to the position of many as bonded labourers, female
Dalits are particularly vulnerable to abuse. It is not unknown for
Muslim seminaries to urge the forced conversion of Dalit women.

The AHRC has documented several such cases, including UA-008-2006 and
UG-020-2006 and is aware of many more, in which Hindu scheduled caste
and Christian women and girls have been abducted by Muslim men and
raped. When confronted by the authorities perpetrators are often able
to produce a marriage certificate from a seminary confirming the
marriage and conversion of the victim. The girls are often taken out
of contact with their families entirely, and various cases have been
documented in which the courts have condoned such marriages with girls
below the age of consent.

SUGGESTED ACTION:

Please write to the authorities listed below asking them to intervene
to ensure that the perpetrators of this crime are arrested, and any
police officers proven to be involved in their protection also face
legal action. Please also urge for protection of the victim and her
family.

The AHRC has written a separate letter to UN Special Rapporteur on
Violence against women, its causes and consequences and the
Independent Expert on Minority Issues calling for their intervention
into this case.

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SAMPLE LETTER:

Dear __________,

Re: PAKISTAN: A Hindu teenager is told to marry her alleged rapist;
police and courts fail to act

Name of victim:
Miss Kastoori, daughter of Nawo Kalhi, resident of Mokrio village,
Nagar Parker town, Thar Parker district, Sindh province

Name of alleged perpetrators:
1. Mr. Ramzan Khoso
2. Mr. Habib Ullah Khoso,
3. Mr. Ghulam Nabi Khoso
All sons of Muhammad Bachaal Khoso and residents of Mokrio village,
Nagar Parker town, Thar Parker district, Sindh province.
4. Mr. Verio Gur-Ro, resident of Mokrio village, Nagar Parker town,
Thar Parker district, Sindh province.
5. Mr. Hameed Chand, assistant sub inspector, investigation officer at
Nagar Parker police station, Nagar Parker, district Thar Parker, Sindh
province
6. Inspector Mohammad Khan Rind, Station Head Officer at the time of
incident of Nagar Parker police station, Nagar Parker, district Thar
Parker, Sindh province

Date of incident: January 24, 2010
Place of incident: Mokrio village, Nagar Parker, Thar Parker district,
Sindh province

I am writing to voice my deep concern regarding the actions taken by
Mithi Sessions Court and Nagar Parker police in response to the
alleged rape of a teenage girl.

I am told that the victim, Ms. Kastoori is 17 years old and was raped
by Mr. Ramzan Khoso with the help of three other perpetrators named
above. On 26 January Ms. Kastoori's parents tried to register a First
Information Report at Nagar Parker police station but were turned
away. Because of this they could not obtain an official medical
checkup for her at the civil hospital or the Nagar Parker hospital,
which they attempted to arrange on 27 January.

I am told that police officers were aware that the family rejected an
out of court sum offered to them by the father of the three
perpetrators, Mr. Muhammad Bachaal Khoso – an office bearer for the
local ruling political party – and of the jirga that he then
organized. In this jirga on 9 February I am told that the victim's
family was pressured, unsuccessfully, to accept the marriage of the
victim to her rapist and her conversion Islam.

With the help of NGOs, Kastoori's father Mr. Nawo Kalhi was able to
file a petition with the Sindh High Court on February 12, leading to
the filing of an FIR and a medical examination on 17 February. However
the medical report noted that due to the length of time since the
alleged rape it could not find the necessary evidence.

Although an FIR was finally lodged on February 17 under Section 365-B
of the Pakistan Penal Code, the perpetrators were not arrested because
they had successfully applied for pre-arrest bail from the Sessions
Court in Mithi. The court is not authorized to do so at that level. I
understand that the police then arrested the father of the victim
(along with 12 others) on February 18 for a fabricated crime relating
to forestry.

Mr. Hameed Chand, the Assistant Sub Inspector in Nagar Parker and the
investigating officer of this case has reportedly told human rights
activists that he is being prevented from pursuing the case by ruling
party members and local landlords. I urge that these allegations be
immediately investigated. I am told that the victim and her family are
in hiding and need state protection.

I understand that this is one of numerous cases coming from border
areas with large Hindu Dalit populations, involving the rape of a
Dalit girl and the attempt to forcibly convert her to Islam by
marriage. This issue clearly needs addressing at the highest levels.
Many Dalits in these areas are engaged in bonded labour, and women of
the caste need strong institutional support and protection from abuse.

Intervention is therefore urgently needed to ensure the arrest of the
perpetrators, and of any police officers proven to have obstructed the
course of justice. It is absolutely necessary that the authorities
send a message of zero tolerance for impunity, particularly regarding
violations against women and minorities.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111 +92 51 920 6111
E-mail: secretary at cabinet.gov.pk

2. Dr. Ishrat-ul-Ebad Khan
Governor of Sindh province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 5043
Tel: +92 21 920 1201 +92 21 920 1201
E-mail: governor at governorsindh.gov.pk

3. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy at cmsindh.gov.pk

4. Mr.Syed Mumtaz Alam Gillani
Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +9251-9204108
Email: sarfaraz_yousuf at yahoo.com

5. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: registrar at sindhhighcourt.gov.pk

6. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack 92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043 +92 21 9207043
E-mail: lukshmil at yahoo.com

7. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail at supremecourt.gov.pk

--------------------------------

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua at ahrchk.org)
Thank you.


SOURCE : http://www.voxpublica.org/2010/03/pakistan_a_hindu_teenager_is_t.html