Kohistan in context
The ‘religious’ militancy is adding to the social conservative values that weigh down women
By Beena Sarwar
Over the past few months, Kohistan has hit the headlines for reasons that symbolise much of what’s wrong in Pakistan: short-sighted policies that have given a boost to ‘religious’ extremists, poor law and order and prosecution systems that allow people to get away with murder, and conservative social values that reduce women to the status of chattel who can be killed for the sake of ‘honour’. 

system
A rights-free zone
With Dr Shakil Afridi’s case in the fore, it seems the cosmetic changes in the FCR have clearly not gone far enough to change the fate of the tribal areas
By Najam U Din
The Federally Administered Tribal Areas (Fata) comprises seven tribal agencies and six Frontier Regions. In 1901, the British rulers of then undivided India had formulated the harsh Frontier Crimes Regulation (FCR) to control the restive frontier belt with Afghanistan and deal with the people who were, to put it mildly, not seen as the most loyal subjects of the empire. 

Yeh Woh
Teacher meets journalist
By Masud Alam
‘When a journalist slanders someone in mass media, what can the aggrieved person do?’ asks one of the only three women in a training workshop for some two dozen radio and print journalists.
It is a very unusual question for a workshop on professional ethics. Front line journalists in small town Pakistan are the least curious of the lot. They treat a discussion on ethics the same way they deal with Friday sermon: listen respectfully without hearing, much less questioning or retaining anything about upholding universal values and avoiding unethical conduct. And here’s a young journalist thinking about her audience? Impressive.

perspective
Spare the rod,---
save the child

Corporal punishment demeans children, fills them with violence, damages their
self-esteem and contributes to intolerance and violence in society
By Irfan Muzaffar
Zain, though only five in age, seemed to know exactly where to hit his younger sibling and with what force in order to produce the desired effect. His open hand fell across Hiba’s right cheek, leaving an imprint of its five fingers on her face. She screamed with pain. “Do not touch this again,” he shouted at her, pointing toward his videogame console.

Not a child’s play
The spate of recent incidents of suicides by school children calls

 
for new teaching methodologies 
By Waqar Gillani 
Muhammad Umar, a grade six student at a public school in a lower middle class vicinity of Faisalabad, immolated himself in an open street in May this year. He succumbed to his burns later. Umar had skipped school for about two weeks. The school continued to insist that it would not allow Umar to sit in the class unless his father appears before the school administration. Reportedly, his all-the-time angry father refused to accompany him to the school. 

Grave offence
The bill criminalising child pornography and exposure to seduction awaits the National Assembly’s approval
By Mohammad Awais
About 50 per cent of our population comprises children — that is persons below the age of 18.
Unfortunately, this large portion of population is at risk of facing major offences, including exposure to pornography and molestation, without having any legal cover in the Pakistan Penal Code.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Kohistan in context
The ‘religious’ militancy is adding to the social conservative values that weigh down women
By Beena Sarwar

Over the past few months, Kohistan has hit the headlines for reasons that symbolise much of what’s wrong in Pakistan: short-sighted policies that have given a boost to ‘religious’ extremists, poor law and order and prosecution systems that allow people to get away with murder, and conservative social values that reduce women to the status of chattel who can be killed for the sake of ‘honour’.

The three incidents that highlight these factors include the massacre of February 28, when about 20 men in military uniform ambushed vehicles travelling from Islamabad to Gilgit on the Karakorum Highway, pulled off the Shia passengers and shot dead sixteen men.

Then, on May 4, a 92-year-old former parliamentarian warned women working in non-governmental organisations (NGOs) against entering Kohistan district, threatening to forcibly marry them off to locals if they persisted. ‘Maulana’ Abdul Haleem, elected from Kohistan on a Muttahida Majlis-e-Amal (MMA) ticket in 2002, opposes non-religious education for women and thinks that Islam forbids women to work outside their home. Officials dismissed him as an attention-seeking senile old man, but many women found his words threatening.

Last week, we heard about the alleged killing of four women and two men for “singing and dancing” with “na-mehrams” during wedding celebrations. The ‘sentence’ was reportedly ‘pronounced’ by a cleric at a ‘jirga’ (tribal council). After an outcry in the media, police arrested the cleric who denied the charges and said that no such decree had been issued.

These incidents highlight the process of ‘talibanisation’ (a term used to cover the mindset shared by the ‘taliban’ as well as the local self-proclaimed ‘jihadis’) that has been growing in Pakistan due to several factors.

One factor is the global politics played out on Pakistani soil — particularly Saudi versus Iran. Proxy wars in Pakistan, carried out through propaganda and weapons, have led to not just a widening rift between different sects of Islam and between Muslims and non-Muslims in the country, but to a tragic increase in violent deaths, innocents being killed just for being born into a certain religion or sect of Islam.

These proxy wars have been facilitated by another factor behind the ‘talibanisation’ of Pakistan: the policies imposed by military governments, particularly under Gen. Ziaul Haq, that set Pakistan on an ‘anti-India, pro-jihadi’ path. Decades of such conditioning and indoctrination at all levels have made it difficult to reverse these policies and chart a new pro-people, pro-peace course.

A third factor is the inability or unwillingness of the authorities to check crime at the local level. This emboldens criminals on the ground, committing petty criminal acts like blackening women’s faces on billboards, ransacking DVD shops and pressurising people to wear clothes deemed more ‘Islamic’, or engaged in larger crimes that bankroll the militants’ activities, like drug-trafficking, gun-running and kidnapping for ransom. Police know that even if they pursue and make arrests, a call from some ‘high-up’ will free the accused, or if the case makes it to court, they will be released for lack of evidence — Pakistan has no witness protection programme that would protect those who speak out.

When law enforcement agencies fail to deal with real and perceived threats, it encourages criminals, including the militant, extremist elements.

This alleged murder of the Kohistani women fits neatly into this picture. No one was surprised that “singing and dancing” could bring on a death threat to those filmed in the video — an incident dubbed as the “Kohistan video scandal” by Pakistan’s scandal-seeking media (also, by terming the witness Afzal Khan as an ‘accused’, the jirga decree as a ‘sentence’, and murders as ‘execution’ the media legitimises illegal acts). Because, after all, women have been killed for less.

But as is the case behind most cases of ‘honour killing’, there was more to it than that met the eye. As the District Police Officer (DPO) Kohistan Abdul Majeed Afridi said, the case appears to be based on tribal rivalry and an attempt to defame a family. It was apparently recorded three years ago. The fact that it was brought to the attention of the media now indicates some enmity.

The video, apparently taken with a cell phone, shows four women in colourful traditional chaddars squatting on a bare floor. They clearly don’t want to be filmed. They hide their faces and look away. You hear a male voice speak and apparently requesting them to sing and they start clapping hesitantly at first, then more strongly. Their humming grows into a song. A young man gets up to dance, arms outstretched in the graceful, birdlike dance of the tribal, mountain people.

The DPO thinks the video was edited in an attempt to implicate the women and men in it due to a dispute between two tribes.

But even if the women were in the room with these men, there is nothing remotely vulgar or “un-Islamic” about what they were doing. And even if there was, it would justify a “death sentence”?

On Thursday, we heard the good news that they are alive. But given the flimsy pretexts on which women are sacrificed all over the country, they could well have been dead too. According to the Human Rights Commission of Pakistan, there were at least 943 reported cases of women being killed for allegedly sullying their family ‘honour’, around the country in 2011. Many of these murders are committed because the woman is accused of ‘illicit relations’ with someone — the real motive being to target the man with whom there is a property or financial dispute.

The truth behind the “Kohistan video scandal” will emerge. This is a district that “needs extraordinary attention to usher the people to the modern civilization,” as parliamentarian Bushra Gohar says. “Basically they are very good people and not extremists but the radicalisation of the northern areas has affected the area badly. There’s a need to take a larger, more holistic view of human rights in such areas.”

Meanwhile, the harsh reality of millions of lives in Pakistan remains unchanged, with ‘religious’ militancy further adding to the conservative values that already weigh down and hold back women.

The writer blogs at Journeys to Democracy www.beenasarwar.wordpress.com http://www.beenasarwar.wordpress.com. Twitter @beenasarwar

caption

Dead or alive?

 

 

 

system
A rights-free zone
With Dr Shakil Afridi’s case in the fore, it seems the cosmetic changes in the FCR have clearly not gone far enough to change the fate of the tribal areas
By Najam U Din

The Federally Administered Tribal Areas (Fata) comprises seven tribal agencies and six Frontier Regions. In 1901, the British rulers of then undivided India had formulated the harsh Frontier Crimes Regulation (FCR) to control the restive frontier belt with Afghanistan and deal with the people who were, to put it mildly, not seen as the most loyal subjects of the empire.

The question of exclusion of this region from application of the general law of the country has been around for longer than the country itself. Even after Pakistan gained independence, this exclusion of the Fata remained unchanged under all three constitutions that the country has had — and administration of justice and governance in the Fata takes place under the FCR even today, where both the judicial and the executive functions are exercised by a political agent appointed by the federal government.

In the last few days, the FCR has been in the spotlight in Pakistani and foreign media because of the sentencing of Dr Shakil Afridi — the man accused of helping the United States find Osama bin Laden. Afridi has been convicted to 33 years in prison. Besides the expected rhetoric of him being a hero to one camp and a baddy of the worst order to the other, the only positive to come out of his conviction by a ‘tribal court’ in the Fata has been the attention the FCR has subsequently got.

Suddenly, more and more people remember what a terrible, terrible piece of legislation the FCR is and how that makes the Fata a human rights-free zone for anyone who has the misfortune of coming across the ‘justice system’ there.

Like all those who are dealt with by courts of law in the Fata, Afridi too did not get any of the due process rights taken for granted elsewhere in Pakistan. He was practically condemned unheard, not allowed to meet his family or given a counsel of his choice. Lawyers had objected to why he was tried in the Fata when the supposed offence had taken place in Abbottabad. The reason for that was obvious; so that he could not access the rights guaranteed to an accused under the Constitution of Pakistan.

But it is important to remember that this ‘judicial system’ under the FCR has been in place for nearly 110 years and Afridi is merely one of the more recent and more high-profile victims. For all we know, there may already have been many more since his case.

Section 91 of the colonial constitutional law of government of India had referred to what we know as the Fata as “Excluded Areas”. Although Article 1 of the Constitution of 1973 mentions the Fata as one of the territories of Pakistan, and Article 8 says that any law inconsistent with the fundamental rights shall be null and void, yet the FCR remains outside the scope of Article 8. Since 1947, there have been the occasional promises from the government to make changes in the legal status of the Fata within the federation and to bring it into the national mainstream, but that status and the FCR have remained largely unchanged.

The Fata is not an ungovernable territory, but the state has chosen to govern it through local proxies and draconian laws. The region does not have representation in any provincial assembly in the country. The parliamentarians from the Fata can make laws for the entire country but not for their own area.

Under Article 247 of the Constitution of 1973, the Constitution itself provides an exception to the Fata as the president rather than the parliament is authorised to decide which laws should and should not extend to the Fata. Unfortunately, successive presidents in their wisdom have chosen not to extend the fundamental rights guaranteed in the constitution to the Fata and kept it outside the purview of Pakistan’s judiciary.

The most problematic areas of the FCR have been lack of judicial review of administrative and ‘judicial’ action in the Fata, and the administration’s authority to order punitive demolitions, collective punishment and arbitrary detention.

Soon after the 2008 elections, the prime minister had announced to repeal the FCR and the federal cabinet had decided to form a committee towards that end. However, the FCR was not repealed. In the end, some amendments were made to the law in 2011. According to the amendments, an appeal against any decision by the Political Agent/District Coordination Officer lies with the Commissioner or Additional Commissioner authorised so by the Governor. A revision against the appellate authority’s decision lies with a three-member Fata Tribunal that can entertain revision against the order/judgment of the appellate authority.

Women and children (below 16 years of age) and men above 65 can no longer be arrested under the collective responsibility clause. The entire tribe cannot be arrested, at least not straight away. However, initially male members of the family, then of the sub-tribe and later of other sections of the tribe can still be apprehended. A new section has been added for compensation in case of false prosecution in civil and criminal matters. Anyone deprived of his property must be given compensation under the Land Acquisition Act, 1894. Funds at the disposal of the political agent are now to be audited by the Auditor General of Pakistan. Through another provision inserted in the FCR, members of the Fata Tribunal can visit jails for inspections twice a year. The accused has been granted the right of bail. An arrested accused must be produced before the authorities within 24 hours. The Political Parties Order has been extended to the Fata.

These seem to be quite a few changes, but a closer look suggests that they have been largely cosmetic. The constitutionally guaranteed fundamental rights remain unavailable. In the trials under the FCR, there is still no right to legal representation, to present material evidence or cross-examine witnesses; incremental collective punishment for whole tribes and communities is still there; as are punitive actions against communities for actions of individuals. The decisions by the Fata’s ‘judicial’ hierarchy still cannot be called into question by any civil, criminal or constitutional court. Separation of power of the judiciary and the executive remains elusive.

The extension of the Political Parties Act to the Fata in August 2011 was welcomed by the civil society as it allowed the political parties to formally start activities in the militancy-hit region. However, steps crucial for facilitating political activities have not been taken as the Fata is outside the jurisdiction of the superior judiciary, and there is no mechanism to ensure implementation of fundamental rights such as the right to association, freedom of expression and access to information in the region, which are critical for political participation.

The amendments have not brought any real change to the system of governance and merely watered down some problematic clauses. The vacuum that had existed in the enforcement of human rights in the Fata remains, and the administration’s authority to do as it pleases with the citizens in the Fata continues.

The change in the FCR has clearly not gone far enough. The focus of the 1901 law was “the suppression of crime in certain frontier districts”. After the 2011 amendment to the FCR, the objective is the “maintenance of peace, law and order and good governance in the Federally Administered Tribal Areas”.

There are those that say that it is the strategic location of the Fata that is the root of its exclusion and that until the state’s priorities of jihadi adventurism change there can be no change in the fortunes of this ‘strategic space’.

The onus is on the political authorities to prove that that is not so.

 

 

 

 

 

 

 

Yeh Woh
Teacher meets journalist  
By Masud Alam

‘When a journalist slanders someone in mass media, what can the aggrieved person do?’ asks one of the only three women in a training workshop for some two dozen radio and print journalists.

It is a very unusual question for a workshop on professional ethics. Front line journalists in small town Pakistan are the least curious of the lot. They treat a discussion on ethics the same way they deal with Friday sermon: listen respectfully without hearing, much less questioning or retaining anything about upholding universal values and avoiding unethical conduct. And here’s a young journalist thinking about her audience? Impressive.

Seerat introduced herself as a freelance journalist and columnist for local newspapers but didn’t have anything to show. Then towards the end of the three-day event she privately reintroduced herself: ‘I am no journalist’. Now here’s an honest one, I thought. The rest of the group could but never did admit that they are journalists only because they are employed with a media organisation, otherwise they know nothing about their rights and duties as journalists, and the mythical ‘best practices’.

‘No, seriously, I mean I’ve never worked with media. I am a teacher by profession’. She is wearing a burqa, complete with a veil over her face, showing only her eyes, and there’s no hint of a joke there. Okay ... nice meeting you Seerat the teacher, what brings you here? ‘I wanted to meet journalists and see for myself what kind of people they are’. Hmmm, not to get too personal, but are your parents about to marry you off with a journalist? Or maybe it’s a silly question, let me rephrase it: why?

The answer to this one-word query elicits an hour and a half of explanation.

As head teacher, she sacked a couple of female teachers she found below par. The women ganged up against her and threatened to ruin her life through local media. ‘I didn’t take them seriously. I mean media only says what’s true, right? So why should I worry when I’ve done everything according to rules’. Ah the innocence, the small town innocence of a university graduate. What helped her grow up and learn the reality was an identical piece in two local papers a few days later, displayed across the front page. ‘The head teacher is corrupt,’ announced the headline, with more sensational disclosures in the strap line: ‘teachers say she is mentally ill and tortures students and staff alike’.

Her eyes water a little around the outer corners: ‘Sir do I look like I am mentally ill?’ I try to make out her facial expressions behind the thin veil, failing which I look straight at the scar between her eyebrows and shake my head in sympathy.

‘You are teaching them ethics, so tell me what can I do against unethical reporting that’s tarnishing my image, bringing bad name to my family, and stressing me out even after I quit that job?’ Nothing, I replied with emphasis on the first syllable to denote absolute finality. ‘Nothing?’ she challenged me. ‘Well, a lawyer friend suggested that I should get the two newspapers to retract the offending stories and publish an apology’.

And did you? ‘Yes, I went to one editor, he told me not to teach him how to be a journalist. And after I left his office he called up the other party and received money from them for not entertaining my point of view. Then I went to the other editor but this time I had a few people call him before hand. He agreed the story against me was one-sided but instead of an apology he offered to publish a piece written by me. I gave him two and half pages of my side of the story, but this is all they used,’ she thrusts a folded newspaper towards me. The story is about three column inches and makes no sense, but the headline and strap lines are definitely positive: ‘The head teacher refutes corruption charges – says she is not mentally ill’.

So that proves it you are alright, I found something to say when I finished reading the story. The tear drop in the corner of her eye grew bigger, and rolled down gingerly, mixing with the kohl line and leaving a streak of grey that quickly disappeared in the black veil. ‘I didn’t write this line, they added it on their own,’ she said weakly, not sure if this too is unethical journalism.

masudalam@yahoo.com

 

 


perspective
Spare the rod,---
save the child

Corporal punishment demeans children, fills them with violence, damages their
self-esteem and contributes to intolerance and violence in society
By Irfan Muzaffar

Zain, though only five in age, seemed to know exactly where to hit his younger sibling and with what force in order to produce the desired effect. His open hand fell across Hiba’s right cheek, leaving an imprint of its five fingers on her face. She screamed with pain. “Do not touch this again,” he shouted at her, pointing toward his videogame console.

The apparently harmless act of physical violence described above is commonplace in our society. So common, in fact, that we hardly ever notice it with much concern.

The violence of this cute and loveable little boy against his equally cute sibling needs to be understood in its relation with this widely pervasive and essentially violent technique of disciplining children by using physical force to cause pain — the corporal punishment.

Our society is currently infested with violence and intolerance. Might there be connections between the corporal punishments in schools and homes and the violence in society at large.

So as you read these words, please take a step back with me and re-examine this interaction between the two siblings to be able to see its connection with the increasing frequency of violence in our society.

We regard occurrences like the one described above as part of the usual repertoire of behavioural issues that children have. Children do get angry at each other. Quarrelling with each other over what may appear to the adults as petty matters is part and parcel of growing up. Zain was also angry with Hiba. Perhaps she had inadvertently broken his videogame console. But Zain’s annoyance could not have been the only reason behind his decision to slap her on the face. Surely, Zain also tacitly recognised that his younger sibling was smaller and physically weaker than him. In other words, he knew that she would not be able to deliver the same pain to him in retribution. The individual who could deliver similar pain to him had to be more powerful than he was. We could reasonably expect Zain, if he were clever enough, to react differently if he perceived the source of his anger to be mightier than him.

Whenever corporal punishment, or similar violence, is executed, the victim of such violence is always weaker. Corporal punishment, by definition, is delivered from a position of authority and superior strength.

But this brings us to another question: How did Zain, a little child himself, know of ‘slapping’ as a technology of inflicting enough pain to straighten people into good behaviour. He certainly could not have intended to cause bodily harm to his sister. Well, I would argue that he was simply doing to his sister what was regularly being done to him by his parents and teachers. He surely had a mother who occasionally taught him the value of a well-executed slap on his face. Also, his first grade teacher had taught him the value of pinching the ears. He knew this kind of violence was kosher, and also effective, through what I would call an apprenticeship of pain. By subjecting him to corporal punishment, both the parent and the teacher were not just modifying his behaviour in the ways they considered desirable. They were also giving Zain his first few lessons in violence. In the form of a younger and weaker sibling, he also had plenty of opportunity to turn this craft into practice.

So what does corporal punishment, this controlled physical violence, do to the children? The above example shows that it teaches them how to be violent to those who are weaker than them. It also, implicitly, teaches intolerance of noisy behaviours. Arguably, it is only a step away from the uncontrolled violence that we witness in our streets. It teaches children that violence is better than negotiation. They learn that it is okay to silence the people who are different by beating them into submission. The attitude that underpins corporal punishment is different only in degree and intensity from that which underpins other forms of violence that we witness regularly in our society.

Let me give you another metaphor to clarify my point further. Imagine us humans, metaphorically speaking, as special kinds of batteries. The process of education, then, can be loosely imagined as charging them with values, ideas, knowledge and skills. They are expected to pay it back to the world. If we charge these metaphorical ‘batteries’ with love, care, responsibility, critical attitudes, tolerance, and respect for difference then that is what they will give back to the world. Charged with violence, however, violence is what they should be expected to return to the world.

Children who get beaten into discipline by their teachers and parents do the same to other younger children. Adults who love to beat others into submission and discipline have learnt to act in this way through the apprenticeship of violence. Corporal punishment was the main tool of this apprenticeship.

I am not arguing against the responsibility of the parents and schools to discipline their children. But, we must scrutinise the taken for granted wisdom of the age old adage “Spare the rod and spoil the child.” It does not hold up. A corrective measure that fills children with violence should only be expected to lead to more violence, especially against the weak and disadvantaged.

Subjecting children to corporal punishment is also a lazy way of achieving the semblance of discipline in the classroom and home. It demeans children, fills them with violence, damages their self-esteem, and contributes to intolerance and violence at the level of society. All of us are Zains and Hibas in our own ways. Our teachers and parents may have believed that not sparing the rod was in our best interests. Some of them may also have used it as a lazy strategy to discipline children.

Corporal punishment taught us that physical punishment was an acceptable way of disciplining individuals and society. Curtailing violence, therefore, will require putting an end to this apprenticeship of violence.

The writer is an independent researcher in the politics and history of education reforms. He can be reached at imuzaffar@gmail.com

 

 

 

 

Not a child’s play
The spate of recent incidents of suicides by school children calls

 
for new teaching methodologies 
By Waqar Gillani

Muhammad Umar, a grade six student at a public school in a lower middle class vicinity of Faisalabad, immolated himself in an open street in May this year. He succumbed to his burns later. Umar had skipped school for about two weeks. The school continued to insist that it would not allow Umar to sit in the class unless his father appears before the school administration. Reportedly, his all-the-time angry father refused to accompany him to the school.

A butcher by profession, his father, Khalid Pervez alias Javed, mostly stays depressed, according to neighbours and acquaintances. They often see him quarrelling with his wife and kids.

After its extensive coverage on the media, two more school-going students committed suicide in different parts of the country. A 12-year-old student committed suicide reportedly due to the harsh attitude of the local private school administration. Abdul Mubeen, a student of grade seven in Abbottabad, hanged himself at his residence leaving a letter in his pocket which read that he had taken the step due to bad treatment of a school teacher and hostel administration.

According to the reports collected by an NGO, Society for the Protection of the Rights of the Child (SPARC), 44 cases of corporal punishments have been reported only in Punjab in the last few months.

In a recent incident, a child who was slapped on his face by a teacher lost his hearing in the affected ear. “There is no institutional mechanism to stop this psychological damage,” says Sajjad Cheema, the provincial coordinator of SPARC in Lahore. “Pakistan has recognised UNCRC (United Nations Convention on the Rights of the Child), but has not made any legislation at any level.”

“Violence is the biggest reason of psychological disorders in children,” he says. “Children are neglected at houses and parents shift the responsibility to teachers. Children are beaten just because they are children,” Cheema says, “Unfortunately, Section 89 of Pakistan Penal Code rather allows ‘reasonable’ beating of children.”

Dr Zahid Mahmood, a psychologist, says the main reason behind this tendency is despondency. “School students, these days, are under huge pressure. They have academic, financial, social, peer, and domestic/parents pressures.”

According to him, another reason of children’s depression and despondency is bullying in schools. “This is such a thing which children, mostly, do not share with anyone, even their parents.”

“Corporal punishment is another cause of depression,” says Sana Khawaja, another psychologist. She says that in a positive reinforcement, a reward is given to a child for desired behaviour, like a parent might allow a child to stay up an hour late at night. While in a negative reinforcement something desirable is taken away for the purpose of correction like stopping a child from watching his favourite cartoon show because he didn’t complete his homework, which can cause serious physical and psychological harm to the child. “It [negative reinforcement] teaches the child that violence and use of force are acceptable and appropriate strategies for resolving a conflict or getting people to do what you want.”

Khawaja views that media is also responsible for spreading these trends by sensationalising issues rather than highlighting them in a responsible way because it has no code of ethics. “Even as doctors and psychologists, we hide the identity of victims of corporal punishment, physical abuse, but media reaches their homes and focuses on the victims, creating further depression in those children and families.”

She calls for planned awareness campaigns and strong family bonds to look after the children rather than leaving it all to the teachers.

Article 19 of the UNCRC, adopted and signed by Pakistan, says, “States shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child…”

Article 28 of the UNCRC also discourages violence and corporal punishment asking states to take measures to encourage regular attendance at schools and reduce drop-out rates. The article further says, “States shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.”

Khawaja says, “Still, there is no law in Pakistan and if there are efforts to make any such law they are always discouraged.” She calls for adopting new methodologies of teaching students without punishing and snubbing children.

Meanwhile a private member bill on corporal punishment is lying with the National Assembly proposed by Dr Attiya Inayatullah.

vaqargillani@gmail.com

caption

A rally in Lahore. — Photo by Rahat Dar

 



 

Grave offence
The bill criminalising child pornography and exposure to seduction awaits the National Assembly’s approval
By Mohammad Awais

About 50 per cent of our population comprises children — that is persons below the age of 18.
Unfortunately, this large portion of population is at risk of facing major offences, including exposure to pornography and molestation, without having any legal cover in the Pakistan Penal Code.

The tale of their miseries and woes does not stop here: whatever legislation done so far to protect their basic rights is being blatantly violated without having any strong lobby in their support in the parliament and elsewhere. Perhaps, they have no representation in the corridors of power and those having a say in the helm of affairs are ignorant of the plight of children.

Gravity of offences against children and flaws in our laws have been explicitly pointed out in the verdict in the rape case of 6-7-year old girl given by the Lahore High Court (LHC) Multan bench in 2000. Justice Tassaduq Hussain Jillani, then a LHC judge, ruled in the case that offence of raping a child was not only heinous but also constituted a ‘terrorist act’ — that such an act could lead to a sense of fear and insecurity. Sardar Muhammad Latif Khosa, a counsel in the case, had said under Article 35 of the constitution, the state was mandated to undertake legislation and take effective measure for child protection and care, adding the word ‘child molestation’ not defined in the law properly, could create problems in trial.

He further said the legislature must be asked to take measures for amending the law forthwith. He also exposed lacunas in the law.

About 12 years have passed since this ruling. Justice Jillani has been promoted to the Supreme Court. Advocate Sardar Latif Khosa has been raised to the prestigious position of the Punjab governor. In between we have also seen change of governments — but child molestation is still not an offense in the Pakistan Penal Code.

Child pornography and their exposure to seduction are other two offenses that are prohibited in all civilised worlds. But these are not criminal acts in our country.

It is generally believed that these offenses do not exist in our society, and even if they do, they are negligible.

This argument is flawed because majority of such cases are not reported.

The Pakistan Pediatric Association Child Rights & Association and the Save the Children had conducted a study, ‘Exposure of Children to Pornography in Lahore’, in 2007 that recorded views of a former official of Pakistan Video Cassettes Dealers Association. The official says locally produced porn movies, casting young girls (under 18), reach the market through amateur film producers.

The study further finds that children are seduced in internet cafes, video shops and small cinema houses in the poor areas of the city where pornographic films and videos are available.

The scope of the study is confined to Lahore. But it is true for all small and big cities of Pakistan.

PPP MNA Samina Khalid Ghurki had tabled a bill, the Criminal Law (Amendment) Bill 2009, in the National Assembly about three years ago. The bill proposes severe punishments for perpetrators of offenses of child pornography and exposing them to seduction, besides other offenses including cruelty to a child and trafficking inside the country. This bill, touching upon the sensitive issues of child rights, is still stuck in the lower house of the parliament on minor objections. Lack of ownership and commitment seem to be the real hurdles in the way of the passage of this bill.

However, talking to TNS, Samina Khalid Ghurki says she is trying to table it in the session to be called after the ongoing budget session. She says she is hopeful that the bill will be passed by the National Assembly unanimously — “We want to do everything with consensus.”

However, she did not elaborate how much consensus has been reached so far.

Child labour is another curse to which our future is destined. To support family incomes, when children are forced to work, they are abused, mentally and physically tortured and kept in inhuman working environment. Child labour is not completely banned in Pakistan unlike several civilised countries.

After 18th Amendment, child rights issue has been transferred to provinces.

About violation of child labour laws in the society, Senator S.M. Zafar says this is the result of general apathy in our society, law enforcement agencies and the government towards human rights violations. “We love our children and care for them, but we have no feeling for the children working in inhuman circumstances,” he adds.

He says human rights issues and education is never the priority of our governments.

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At risk.

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