CASE STUDIES
WAR
is committed to providing free legal and psychological aid
to survivors of rape, incest and domestic violence. During
2006, WAR plans to take on 20 new cases of
rape and 5 new cases of domestic violence. WAR
helps the survivors and their families in getting the accused
arrested, prosecuted in a court of law until he is convicted
and punished for his crime. A brief description of three cases
is given herewith to highlight the nature of the crime. Many
of the survivors are innocent children some as young as 4
years of age. The cases are named after the accused, while
the name of the survivors is never mentioned to protect their
identity.
Yousuf
Case: S had fallen on hard times. She was married
to a man who did not earn so well and she lived with her in-laws
and her children while her mother-in-law and husband went
out to make a living for the entire family. S’s father-in-law,
Yousuf (aged 55), used to be present at home with S and her
children, as S used to busy herself tending to his needs and
those of her children. One day, when the mother-in-law and
husband were out, Yousuf went to S’s bedroom, expressing
his wish to have sex with her and asking her to be his “wife”
twice a week. Getting angry and refusing his request, S turned
him away. A few days afterwards, finding no one at home, Yousuf
went to S’s room and forcibly had sex with her while
threatening to kill her, her children and her husband if she
told anyone. After much deliberation, S decided to tell her
mother-in-law, risking a possibly outburst of scorn or a refusal
to believe from her mother-in-law. To her surprise, the mother-in-law
got furious while S narrated the incident, cursed her husband
and told S that Yousuf used to do the same to his daughter
before she got married and moved away. The mother-in-law,
along with S, consequently went to a nearby MQM office and
got assistance in filing a FIR against Yousuf. The case was
thus brought to court. However, the Judge presiding over the
hearings allowed Yousuf to be bailed before a statement could
be made against the accused. The case now lies in the High
Court for further trial.
Abdul Haadi Case: N was a Malaysian
girl of 6 years. She had come back with her family to Pakistan
when she was just under 1 year of age. She could barely speak
in Urdu, though she understood the language well when spoken
to. Her father was a Pakistan who married a Malysian woman
during his time in that country. One day on her way back home,
a man unknown to N (Abdul, aged 32), coming from the local
mosque after saying his Maghrib prayers, stopped her on her
way and bribing her with sweets, took her to a nearby Madrasa,
where he took a room for both himself and N. There, Abdul
tried to rape N, but her screams raised alarm. Abdul hid the
girl and before he let her go, he bathed her with soap and
water in an attempt to wash off any evidence of violence.
N went back home and narrated the incident to her parents,
which led the father to lodge a FIR against Abdul. However,
during the 164 Statement in front of the Magistrate, Abdul
confessed to his act and is undergoing trial for attempted
rape.
Pannah Case: W’s mother was
a domestic worker. She worked in a bungalow, where a 55 year
old man Pannah resided. W’s father was a poor man and
9 year old W used to stay at home while both her parents worked
hard to stay afloat. One day, Pannah asked W to come to his
house on the pretext of needing some house work to be done.
Seizing the opportunity to get W alone, Pannah raped W and
gave her 5 rupees afterwards to quite her down. Due to her
young age and the brutality of the act, W kept bleeding for
days. After the parents noticed the bleeding, W told her parents
about what had happened to her. The father promptly filed
a FIR against Pannah.
At present, Pannah’s application for bail has been rejected
in court twice, including one time that he forged the signatures
of the complainant in order to get his release orders from
court. However, even in the presence of such a strong case,
there is pressure on W’s family to withdraw from the
proceedings and come to a settlement with the accused. The
reason they cite for it is that their family has gone through
enough embarrassment already to want to take the case further,
even if it means forgoing Pannah’s eventual conviction
for rape.
Mohammed Jamil
Case: P an 8 years old girl living in Ibrahim
Hyderi (Korangi) was playing with her friends outside her
home at around 8 P.M. The accused, Jamil, a Suzuki van driver,
about 30 years of age drove by and offered to give the children
a ride in his van. He put the 4 children in the back of the
van, and P next to him in front. He drove the van and parked
it behind a garbage dump about a 100 meters away from P’s
home, gagged and raped her in the front seat of the van. Afterwards
when P started to cry and become unconscious, he left her
and her friends near the dump and scooted from the scene.
P’s friends went to her house and related to the parents
what had transpired. The parents came, recovered the unconscious
P, took her to the police station and lodged a First Information
Report (FIR) against the accused. The accused has been arrested
and is behind bars; while the Suzuki van has been impounded
as evidence.
Sohail and Saleem
Case: R and S are two sisters about 21 and 12
years old respectively who live on the 4th floor of an apartment
building in lyari. The grand mother of the two accused, Sohail
23 years and Saleem 31 years of age, also lives in the same
apartment building. Saleem who works for a cable and internet
firm, was on friendly terms with the survivors family and
was a frequent visitor for fixing cable reception and faults.
After R and S’s mother died and R was alone in the house,
Saleem came armed with a gun and raped he, and threatened
if she complained or said anything to her father he would
kill all of them. R was threatened into silence, but after
about 5 months she started feeling sick and her father took
her to a lady doctor who examined her and pronounced her to
be 5 months pregnant. The father was shocked and on returning
home found out from his daughter about what had happened.
Instead of confronting the culprit and taking him to court
he decided to remain silent. The father arranged to have her
married to boy of his clan, but after about 8 days the boy
beat her up, threw her out of his house and divorced her.
After a couple of months of her divorce a son was born and
was given to Idhi Home for adoption. R was so affected by
the trauma of her rape, forced marriage, divorce and having
to give up her son for adopted that she died soon after. The
father sent his youngest daughter S to buy salt form a grocery
store located in the ground floor of the same apartment building.
Sohail, the younger brother, who was waiting for near the
stairway forcefully took her to the roof and raped her. A
neighbor who happened to see this yelled for help and Sohail
ran away. The neighbor brought the girl down and told the
father what had happened. The father this time refused to
remain silent, went to the police station and lodged a FIR
against both the accused. The accused got themselves a “Bail
before Arrest”, the police took no action, while the
father was threatened with dire consequences if he persisted
in continuing the case in court. The father came to WAR
for help, we have had the bail before arrest of the accused
cancelled and they have been arrested and put behind bars.
Sarfaraz Case:
F an 8 year old girl lives with her mother and 35 years old
step father in a one room dwelling in Mahmoodabad. The mother
works as a maid while the father is jobless and stays at home.
When the mother was at work, he used to rape F and threatened
her that if she said anything about this to her mother he
would kill both of them. Once during the night, the mother
woke up to go to the washroom and discovered that her husband
was lying in her daughter’s bed. She became suspicious
and cross questioned her daughter when her husband was not
home and found out the truth about what was happening to her.
She confronted her husband with this but he denied the whole
thing and the matter was hushed up to keep the marriage from
falling apart.
After some time, the accused
again started to sexually abuse F and this time the mother
took action, left her husband with her daughter to live with
her father. WAR has taken up this case of incest, a FIR has
been lodged and the accused has been arrested and is behind
bars.
Ibrahim Siddiqui
Case: This is a domestic violence case which
was referred to WAR by DIG Investigation Karachi. S is a mature
women of about 30 years with two children and works at KESC.
She married Ibrahim and went to live with his family. After
marriage she found out that her husband was a drug addict
and enjoyed beating her up. After the birth of her third child
she could not stand the beating and decided to file for Khula
(Divorce), but the family moved in and a reconciliation was
arranged to save the marriage. When expecting her fourth child,
he beat her up so severely that her brother had to take her
to the hospital for treatment, after which she stayed with
her him for recovery. Her husband came to her brothers house,
beat him up also and threatened to kill everyone unless S
went back to his home with him. After another two years their
fifth child was born but there was no end to his domestic
violence. He started the practice of keeping her locked up
in the house while he was away at work. Then one day he beat
her up with a metal rod so severely that she started bleeding
from her head, after which he ran away from the house. F was
now desperate to escape from her progressively violent husband.
She sent for her brother, who took her to a hospital and got
a medical report of her injuries. War is now helping her and
she has applied for Khula. He has taken away the children,
whom she is not allowed to meet.
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