Rizwana, the minor girl who was subjected to violence at the house of a Civil Judge in Islamabad, has been discharged from General Hospital Lahore and returned to the Child Protection Bureau after a surgery was performed on her arm.
Talking to Geo News in Lahore, Chairperson Child Protection Bureau Sarah Ahmed said that Rizwana was under treatment at the General Hospital for two months.
Now Rizwana is able to walk normally and feels better than before, said Sara Ahmed.
Doctors have told her to rest for ten days. Rizwana’s right arm had undergone surgery that involved removing a rib bone and inserting it into the injured arm. Rizwana will not be able to bend her arm until she recovers.
Background
Last year, in July, it was revealed that Rizwana, a young girl working at the house of a civil judge in Islamabad, was subjected to assault by her employers. The torture continued and when her condition worsened, the civil judge’s wife handed her over to her mother.
Rizwana had torture marks all over her body. A wound on her head had rotted due to lack of treatment, becoming infected by worms.
A 12-year-old girl working as domestic help was allegedly tortured to death by her employers in Sargodha.
The horrific incident happened in Village 84 South, a suburb of Sargodha, where Ayesha worked as a house helper. She was employed by a landlord named Jawad Bhatti, reported Geo News.
Bhatti and his wife reportedly struck the child with iron rods and sticks. After the child died, the suspects telephoned Ayesha’s family members and informed them that their daughter had an accident because of which she is severely injured.
When the family reached the place, they found out that the girl had been tortured and killed, as per the local police.
Bhatti and his wife ran away to escape arrest.
Providing details about the suspect, the police said that Bhatti is a contractor of the toll plaza.
The police said that a murder case has been registered against the suspect and his wife at the Laksian Police Station on the complaint of the girl’s father. A search is also underway to arrest the suspects.
The child’s body was shifted to a hospital for autopsy.
Punjab Chief Minister Maryam Nawaz has taken notice and immediately sought a report from the Inspector-General of police.
On February 26, another child worker named Ayesha was killed, reportedly by her employers, in Faisalabad while the parents were being forced to reconcile with the alleged murderers.
Important details are coming to light in the death of 11-year-old Ayesha allegedly at the hands of house owners in Faisalabad.
Ayesha, an 11-year-old domestic worker who was killed by violence in Faisalabad, got hired four months ago for a salary of 5,000 per month in a house belonging to a female lecturer in Naimat Colony.
Ayesha was beaten up on the allegations of theft to such an extent that she succumbed to her injuries and died.
Her parents have said that when they reached the Civil Hospital, they saw that their daughter was badly injured. They also revealed that they are being pressured by the influential suspects to reconcile, but they want them to be punished severely. Three of them are in police custody.
The police has informed Geo News that the girl was hired three to four months ago, while the child was beaten up a week ago. Further investigation is going on.
Previously, a horrific incident of violence against a young housemaid came to light in Faisalabad over the weekend. A 10-year-old maid died at the hands of her employers, reported Aaj TV.
The incident took place in Faisalabad’s Naimat Colony area, where a 10-year-old domestic worker died due to violence, after which the employers were detained and an investigation started. Three people, including two women, have been named in the case and all the suspects have been arrested.
Ayesha, 10, had been serving as house help in the house of Fazl-ur-Rehman, Suneela Tufail, and Raheela Tufail. The mother of the girl has said that she was not allowed to meet the child for three months. She was only informed about the death of the child.
According to the police, the female owner reached the civil hospital last night with the body of the girl. There were marks of violence on the girl’s body. The owner claimed that these were the marks of allergy on the girl’s body but the parents of the girl registered the case of death by violence in the police station. The police spokesperson said that more facts will come out after the autopsy.
January 20 marked the date when a landmark verdict from a session court in Karachi changed the landscape of the judicial approach in terms of intimate partner violence.
It has been precisely two weeks since the court announced in “The State vs Javed” that the “ocular version is also supported by the medical evidence which shows that the victim was a habitual passive agent of sodomy.” Sher Bano from Karachi lodged a complaint against her husband Javed at the police station about him subjecting her to sodomy despite her attempts to stop her. About two months after their marriage, she informed her mother-in-law, who didn’t say anything to him, she said, adding that then she disclosed her ordeal to her sister and brother, after which she lodged an FIR against her husband on November 23, 2022.
Garnering a fierce debate online, this also raised a couple of questions in my mind. If this was a case of sodomy, then why is it dubbed as a marital rape? Or are they both linked? I contacted Barrister Haya Zahid from the Legal Aid Society to hear her explain the legal complexities around these terms. Haya was welcoming and answered all my questions which helped me shape this article. Legal Aid Society has now been working for the last one decade. It started as a free legal aid clinic for the marginalized sections of society, especially women and children, and has now spread all over Sindh. In the last few years, they have proceeded with over a hundred cases of sexual violence, most including charges of sodomy and rape.
Haya’s works mostly surround policy and reform. Staying true to the mission statement to connect vulnerable and disempowered end users of justice with effective and expedient services for the delivery of justice, she runs the legal aid clinic efficiently and effectively. Her team includes 33 lawyers providing free services across Sindh. For instance, she is working on Fatima from Ranipur’s case, and her team is documenting the delays and lapses of the legal system. Apart from compiling research-based data, they are training judges and prosecutors. They even assist prosecutors, as they did in The State vs Javed case, Advocate Behzad Akbar from Legal Aid Society was writing arguments for the public prosecutor because they must proceed as sexual violence is a crime against the state. They train prosecutors for such cases, helping them in preparing the case.
“The reason we are all very excited is that in the current scenario in Pakistan, intimate partner violence is more common than rapes conducted by strangers” she started by setting the premise. “Spousal sexual abuse is physically and mentally more damaging. Women usually have tended to remain silent. According to our records, they come to our legal aid office to find out what they can do and most of them opt to tread the path of obtaining ‘khula’ which is accompanied by economic disadvantages. The majority of them do not pursue cases for protection against domestic violence let alone speaking about the intimate partner violence that they go through.”
Haya made it a point to mention that most of their clients of sodomy have been male children. Their parents feel less stigmatized in fighting for justice compared to the parents of female children. Sher Bano’s plea was refreshing in a way that she very soon left her husband after the marriage, informed her family about what she had to face and that this is not normal and fought the good fight. She put up with all the medical and legal requirements and despite certain minor discrepancies in her testimony, the judge had to take a broader approach as the claims were substantiated.
The State vs Javed
In the case the victim Sher Bano filed a case against her husband after approximately four months of marriage because he used to commit oral and anal sex despite her disapproval. She confided in her mother-in-law but was ignored. She eventually took the matter home, consulted a doctor and with the support of her family, lodged an FIR against her husband. She remained steadfast during the trial as the husband and his sisters accused her of being in love with someone else and therefore wrongly blamed his husband for sodomizing her. They even tried to use piles, which she suffered from, as an excuse to prove her claim wrong. Her grit is as Haya said, “music to the ears” because she emerged victorious.
What is Marital Rape in Pakistan’s constitution?
High Court Advocate Nimra Arshad in an explainer recorded by Dawn News sheds light on the term. There is still no such term as Marital Rape defined by the law but after the Criminal Law Amendment Act 2021, the definition of rape was broadened in Article 375 of Pakistan Penal Code. Previously, the implication of the law was that rape is when a man has non-consensual sex with a woman who is not his wife but now the definition involves non-consensual sex between a man and a woman irrespective of what relation they share.
The punishment is laid out in Article 376 of PPC which can be a death sentence or life imprisonment for 10-25 years.
Criticism over three-year punishment
Barrister Haya Zahid explained that rape has more punishment in law as compared to sodomy. Because the primary abuse in this case, proven in front of the court, is sodomy, the case proceeded in line with the Criminal Law Amendment Act 2021. This law is pivotal in this case as the definition of rape was totally reformed in this amendment and was hence used in this case. According to an amendment in article 375, a person is said to have committed rape if the person penetrates his penis, inserts, or manipulates any object or part of the body to any extent into the vagina, mouth, urethra or anus of another person against their will, without consent, or consent being taken with coercion. Considering this a case of sodomy, it was still treated as marital rape because the victim was in a spousal relation with the offender and their marriage was intact when she filed the case. Resultantly, the court declared that the accused was not able to prove his point of any personal enmity that the victim (the wife) had an affair with somebody else and therefore, she implicated him falsely. “The prosecution has, thus succeeded in proving the charge against the accused only under section 377 Pakistan Penal Code beyond a reasonable shadow of doubt, therefore this point is answered accordingly,” the final verdict declared.
“This has become a seminal case where conviction of a spouse took place for sexual abuse,” Haya said enthusiastically.
They can recontest the conviction of three years which is much less than that of rape, but this may damage the case as it would be put to trial again and because the victim has gone through a lot, this will be draining for her too.
Response over conviction
Social media is mostly celebrating the verdict. BOL Network contacted LAS, and Advocate Safia Lakho represented them in their morning session where she not only explained the proceedings of the case but explained how this case will be a trailblazer in the legal history of Pakistan. “So many women, oblivious of the law itself, silently enduring the pain daily, have got to know about their rights through this judgment and it is a great achievement indeed,” she said.
However, some critics are saying this is not a case of marital rape, this is sodomy. Haya reinstated, “The definition of rape has changed as per law; this is rape happening in the context of a spousal relationship which is the highest form of intimate partner violence that there can be. We are acknowledging it as the first ever conviction of marital rape under the changed definition of rape which is in place since 2021”.
Interpretation of the verdict in the Islamic context
To understand the popular claims and interpretations used by the masses to either condemn or appreciate the conviction of marital rape I talked to multiple scholars including Mufti Mohammad Sohail Ahmad who is an MPhil in Usool-e-Din (Principles of Religion) from International Islamic University, Islamabad, now serving in Nottingham, UK. He delineated the basic principles as laid by the main text of the Qur’an: In Islamic schools of thought, there are two ways to go about it: Hadd and Tazir.
Hadd is equivalent to a death sentence, implying that strict action needs to be taken for the severity of the crime. Tazir on the other hand is a punishment for an offence that is culpable, and this is to be decided by the ruler or a judge according to the severity of the crime. It is strongly impermissible for a man to have sexual intercourse with his wife when she is menstruating. The other thing that is frowned upon by the laws of Islam is sodomy or unnatural sex- a crime strongly punishable by Islam.
Three-quarters of Islamic schools of thought consider Hadd to be implemented in cases of sodomy.
Image taken from @_Abdullah_Salehon X
The other scholar I consulted was Dr. Fazal-e-Hannan who is a PhD from Punjab University, Lahore and is serving as Sheik-ul-Hadith in Jamia Nazamia, Lahore. The unanimous response lays out the condemnation of the act of sodomy and applause for the verdict of the court. “It is good precedent set by the court,” Mufti Sohil Ahmad asserted, “making most of the latest medical and technological advancement to identify these crimes is a welcome change in Pakistan.”
As for the fact of a man forcing himself over his wife and inflicting pain upon her, they agreed that it is liable for a punishment. Islam stresses that husbands ought to be kind and considerate about the emotional, mental, and physical state of the wife. Allah says, “and live with them in kindness” [Quran 4:19] It is even stressed by the Prophet (SAW) as he said: “Be kind to your wives.” [Al-Bukhari and Muslim].
Javed Ahmed Ghamidi, in one of his lectures, emphasized that the relationship of a husband and wife is mutual and there is no other opinion about it.
However, the bottom line is that there are protocols of Islam that need to be followed for sexual intimacy. If violated, then needs to be dealt with accordingly.
Repudiation of implied consent theory
Advocate Nimra Arshad in her explainer describes that many people use religion to describe their chauvinistic views about the concept of marital rape whereas Islam is the same religion which provides women the protection, kindness and care they deserve in a marriage and if that is not given, there is a reasonable exit available too.
Pakistan’s law is essentially an extension of British law as proposed by Sir Matthew Hale who believed that a marriage perpetually gives man consent to treat his wife as a property. This implied consent theory is long been amended in the UK under Sexual Offences Act 2003 where spousal rape now falls under sexual assault, but the remnants of that law are very much intact in our country.
Final thoughts
Sher Bano has paved the way for women to not submit to unjust and violent behaviour in the name of marriage. This case also highlights the importance of support of the family which makes a woman invincible, especially in a society like ours. As much as raising awareness is the duty of the state, it is equally a compulsion for it to ensure the safety of citizens by making pertinent, pragmatic, and bold laws. Not recognizing marital rape as the highest form of intimate partner violence is a fact that remains in place till today.
In a shocking incident of a domestic dispute, a man, accompanied by his brother, brutally murdered his wife and stepdaughter using an axe, reports The Express Tribune.
City Police Officer Captain (retd) Muhammad Ali Zia directed Superintendent Police (SP) Iqbal Town to provide a detailed report. He formed teams led by District Superintendent Police(DSP) Factory Area to apprehend the accused. Consequently, aids are being conducted actively.
The incident unfolded in Chak 133 GB Niwan of Dijkot police station, where Zulfiqar Ali found himself entangled in a land dispute with his 47-year-old wife, Rukhsana Bibi.
The dispute escalated into a violent quarrel, leading to Zulfiqar and his brother Iftikhar attacking Rukhsana and her 12-year-old stepdaughter, Iman Fatimah, with axes before fleeing the scene.
Both mother and daughter succumbed to their injuries, losing their lives on the spot. In response to the double murder, SP Iqbal Town Usman Munir Safi, DSP Factory Area Rana Attaur Rehman, SHO Dijkot Moazzam Gujjar, and other law enforcement officers reached the scene promptly. They took the bodies, transported them to the hospital, and initiated a thorough investigation.
DSP Factory Area, Rana Attaur Rahman, revealed that Rukhsana Bibi had been married to Zulfiqar for ten years, with two children from the union. Iman Fatima was the daughter of her ex-husband and fell victim to the axe attack by Zulfiqar and his brother Iftikhar. The couple had a history of frequent domestic disputes. The police are actively pursuing the accused in their efforts to bring them to justice.
A female house owner allegedly set a housemaid on fire by sprinkling petrol on her in North Cantt police station limits in Lahore, 24NewsHD TV reported on November 29.
The housemaid named Shabnam passed away after being hospitalised for 28 days, reported Jang News.
She was working in the house of a man named Nauman for the past 11 years. Nauman’s wife Shazia, allegedly in a rage, sprinkled petrol on the maid and set her on fire.
Shabnam, 40, suffered burns on 70 percent of her body and was rushed to Mayo Hospital where her condition was said to be critical. The family of the victim submitted an application for registration of a case against Shazia in the North Cantt police station.
Bollywood actor Ranveer Singh has been criticised on social media after a video of him praising controversial actor Johnny Depp went viral. The ‘Rocky And Rani’ actor was honoured with ‘The Red Sea: Honoree Award’, and in his acceptance speech the actor chose to praise Johnny by calling him his “screen idol.”
“I want to go off-script for a moment here. One of my screen idols is in the house, ladies and gentlemen, Mr Johnny Depp. My good sir, I’ve followed your work since Edward Scissorhands and What’s Eating Gilbert Grape. What an honour to be receiving this in your presence. Thank you for everything that you’ve unknowingly taught me about the craft, sir. Master of transformation, versatility, something that inspired by you.”
Johnny Depp and his ex-wife Amber Heard were embroiled in a public defamation case in 2022. The jury sided mostly with Depp, finding Heard guilty of defamation, penalising her for $10 million agile Depp was told to pay her $1 million.
X (formerly Twitter) users were outraged at Ranveer, mostly regarded as one of the non-toxic male leads in Bollywood, paying homage to a Depp.
“embarrassing..these celebs esp from bw don’t stand up for anything and when given a public platform they would commit atrocities like praising a straight up abuser. just accept ur award and leave like i am sure he doesn’t give a fuck. ranveer would ass-lick just abt anybody.”
embarrassing..these celebs esp from bw don’t stand up for anything and when given a public platform they would commit atrocities like praising a straight up abuser. just accept ur award and leave like i am sure he doesn’t give a fuck. ranveer would ass-lick just abt anybody. https://t.co/TPc7u8bIbN
“Powerful men side with each other and get hailed for low effort and unimpressive “acts of love”. Idealizing a rapist and abuser reflects a lot on you. It is easier to speak two lines praising your super rich and successful wife but hard to stand up for other women/survivors,” another user wrote.
Powerful men side with each other and get hailed for low effort and unimpressive “acts of love”. Idealizing a rapist and abuser reflects a lot on you. It is easier to speak two lines praising your super rich and successful wife but hard to stand up for other women/survivors. https://t.co/kNV9UTj1pU
An Islamabad district and sessions court was informed on Thursday that all the evidence collected in the Sarah Inam murder case proves that her husband Shahnawaz Amir, the prime suspect and husband of the victim, is guilty of murdering his wife, reports Dawn.
In the latest hearing, Rao Abdur Rahim, counsel for Sarah’s father, told Sessions Judge Nasir Javed Rana that a forensic analysis revealed two photos were found in Shahnawaz’s phone, one of which was of the victim. He said it showed Sarah’s body, covered with a white cloth, lying in the room. The photo, he added, was also sent through WhatsApp. He did not mention to whom it was sent.
According to Shahnawaz’s testimony, there was no disagreement between him and the victim. “We have found a document from the accused’s mobile phone which is dated prior to Sarah’s arrival in Pakistan,” the lawyer said, adding that testimonies could lie but documents could not. He mentioned in the court, “The victim’s phone was destroyed when she reached the accused’s house. She was at his mercy.”
Rao further said that the postmortem report showed there were bruises on Sarah’s body, her bones were broken, and all these injuries were inflicted while the victim was still alive. “How is it possible that Samina Shah didn’t hear a thing while Sarah was tortured to this extent,” he asked while reminding the court that there were only three people in the house at the time of the murder — Shahnawaz, his mother, and Sarah.
The lawyer also highlighted that the accused had said he didn’t divorce Sarah, but his phone record showed otherwise. Moreover, the DVR at Shahnawaz’s house was removed just two days before the crime, he added.
“All this evidence proves Shahnawaz’s crime,” Rao asserted, comparing the murder with the Noor Mukadam case. He then pleaded to the court to hand the death penalty to the accused and concluded his arguments.
Subsequently, Prosecutor Rana Hassan Abbas presented counter-arguments. He said the incident was neither reported by the police nor the suspect. “The victim was an educated and talented woman,” he told the court, recalling that Sarah married Shahnawaz last year.
According to the evidence collected from the accused’s mobile phone, Sarah called Shahnawaz on Sept 18 — five days before her alleged murder — the prosecutor said and read out loud the transcript of the conversation. “The accused blocked Sarah multiple times and even threatened her,” he said, adding that the victim was just requesting that her parents be given a chance to see her off in an honourable way.
“Three messages in this chat were deleted that were possibly related to divorce,” prosecutor Abbas suggested. The last message sent by Shahnawaz was on September 20 after which Sarah landed in Pakistan on September 22 and stayed with the accused and his mother.
On the day of the murder, he continued, Samina told the police that her son committed the murder after which evidence — including the murder weapon — was collected from the crime scene. “Shahnawaz’s DNA was found from the injuries on Sarah’s body,” Abbas said, adding that the accused’s clothes were smeared with blood.
He added that passports and mobile phones were also seized.
Here, Judge Rana asked the prosecutor how much more time he would need, to which Abbas replied 20 minutes. The judge, however, said he had a meeting to attend and adjourned the hearing till Monday, November 20.
Shahnawaz, the son of noted political analyst and commentator Ayyaz Amir, was arrested on September 2023 last year from his farmhouse in Islamabad. Sarah was reportedly murdered just a day after she arrived in the country from Dubai where she had been working. Her husband was initially remanded to police custody a day after his arrest and the period of his physical remand was extended several times.
Shahnawaz’s father, Ayaz Amir was discharged from the case and his mother Sameena Shah, nominated as co-accused in the case, was granted post-arrest bail in November last year.
The postmortem revealed that Sarah had suffered multiple head fractures leading to her death.
Update: Shumaila, the woman who was burnt alive by her husband Naseer and his first wife Robina has expired in a hospital in Lahore. She was admitted to the hospital five days back but could not survive the severity of her burns. The incident happened in a village near Gujranwala, Chak Behlol.
Further investigation has revealed that she got divorced from her first husband to marry Naseer who was already married. The constant tussle between the two wives led to this tragic situation where she was burnt alive by Naseer and his first wife in the presence of a crowd of villagers who kept making videos.
Naseer is already in the custody of the police.
Previously, a harrowing video of a woman being burnt alive-in a village near Gujranwala-has gone viral on social media. The crowd watching kept making videos whereas Shumaila, the woman, was burning.
An FIR has been registered after a delay of two days. Shumaila’s husband, Naseer, has been arrested and the search for his other wife is going on.
Shumaila, the victim, has told the police that the husband sprayed petrol on her while the other wife was his accomplice in setting her on fire. The two have been constantly fighting since the man married for a second time. The woman is in critical condition, being treated in a hospital in Lahore.
Controversial actor Feroze Khan made headlines last year when allegations by his ex-wife Aliza Sultan surfaced, detailing the abuse and torture she allegedly suffered during their four year marriage.
Now in a recent Q &A session with her followers on Instagram, Aliza has opened up about whether Feroze Khan plays a role in providing financial support for the upbringing of his children.
He does, Aliza said. “No that’s not true. He has taken on their financial responsibility.”
Another user asked Aliza about whether she thought the height of a man mattered in a marriage, to which her response was: “Height of his patience and personality bas.”
Aliza Sultan had previously shut down rumors claimed by Feroze that he wasn’t allowed to visit the children when a user chided her for not letting the father visit them during Eid.
“No one has stopped anyone from visiting. You should relax and enjoy your Eid,” she wrote in response.
