Tribal culture in Pakistan & The Victims of Love
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By Mahjabeen Agha
"The approach of modus vivendi is out of question that could further exasperate society. Therefore, it is high time to execute the optimistic approach to resolve the most annoying issues like social destruction, economic backwardness and political devastation."
From Indus to Thame Is, the world has produced two classes of women; one ready to face the challenges of globalization and the other still combating with the uncivilized and inhuman surroundings. No matter how rhetorically they (women) behave, the social attitude and illicit interference remain the prime concern of plenipotentiaries.
Socially misplaced, exhausted under severe mental pressure, Shaista Almani's dire need of financial, social and most importantly moral help, forced me to express my views about her dilapidated condition. By looking at her one could easily capture the glimpse of retarded faith in her eyes.
Shaista Almani, hailing from a poor class of the province Sindh, Pakistan, declared 'Kari' by the Almani tribe, had already faced the vicissitudes of life at the early age of 23. The trauma faced by Shaista, previously a school teacher, may seem insignificant in the context of other issues taken up by the print media, or human rights organizations concerned with women's rights. Nevertheless, this case highlights the mentality of the feudal class, particularly the place/role of the female family members.
The severe crime committed by Shaista was to marry against the wishes of her tribe, a person, Balk Sher Mahar who belonged to a rival tribe; although the Supreme Court has finally decided a 1996 appeal and upheld a 1991 judgment of the Federal Shariat Court which held that a woman who married under her own free will is considered to have done so validly. 'The consent of the wali is not required and an adult and sane Muslim female can enter into a valid nikah of her own free will.'
Shaista met Balakh Sher alias Qadir Bux Mahar, the Taluka chairman of the local Zakat Committee some time back and they developed a liking for each other. Later, Qadir Bux sent a marriage proposal to her parents, to which her parents initially showed reluctance but later gave a green signal to.
The couple from Pano Aqil district Sukkur married on June 1, 2003. However, the Almani sardar was not willing to accept this marriage. "I have committed no crime. I just got married according to Islamic injunctions, but my life is in danger", said Shaista. "God will help us, we have done nothing wrong." Fearing for their lives, the legally married couple fled up North where friends gave them shelter but tribal predators tracked them down. They forcibly brought back the couple to Ghotki on October 25 to face a tribal jirga. After severe tribal pressure Mahar divorced Shaista, under the jirga (tribal) verdict. Shaista was declared 'Kari' and faces possible death under jirga law for marrying of her own free will.
Marrying against the wishes of the family is not new in Shaista's home. Before her wedding to Balakh Sher, her sister married a person hailing from the affluent Jatoi's, but his strong background supported their wedding to continue. In the 1970's Shaista's father, Himath Ali also married Noor Jahan (Shaista's mother) against the wish of his family and migrated to Pano Aqil.
Ms. Almani's case took a new turn when human rights
agencies; The Human Rights Commission of Pakistan, the Women's Action Forum and the Aurat Foundation together intervened & suppressed the government of Sindh by filing a constitutional petition before the Sukkur Bench of the High Court of Sindh, to provide channels of security for Shaista, overriding tribal ruling. Shaista's own efforts to engage high officials for her protection are also commendable.
Initially she was shelterless, finding no suitable place to live and rejected by her tribe. Shaista's brother-in-law too, refused to keep her in his home in Hyderabad. Later on Shaista was sent back to Sukkur but on the insistence of Shaista's father Himath Ali and Shaista herself, the court ordered to send her to Hyderabad. After personal efforts and on IG Police Sindh's approval, Shaista & her family were escorted to Karachi under maximum secrecy and security.
A well educated Shaista was teaching at the Mehran College in Pano Aqil, Sukkur district of Sindh, for three years before her marriage to Mahar. Narrating her ordeal she says, "I am a victim of tribal culture exercising in an obstructive fashion." Unfortunately those who played a negative role in this whole scenario were no strangers, but her own trusted relatives like her brother-in-law, Mohammad Afzal, who is also Sardar of Almani tribe and the head of the Maher tribe; close relative to chief minister Ali Mohammed Mahar. The ordeal and harassment does not end here. Even after forcibly divorced, the tribe is strongly backing to execute their will of killing Shaista declared as 'Kari'.
Tribal chiefs have assigned dozens of armed tribesmen from their area to impose their will against her. It demands the government take action against the threatening parties. Prominent lawyer and former chairperson of the Human Rights Commission of Pakistan, Asma Jehangir says the Federal Shariat Court -a constitutional court authorized to define laws in the light of Islam- has ruled that a guardian's consent is not required for marriage. "The concept is neither legal nor feasible. It is ridiculous to impose a condition of consultation on a woman of 40 who wants to marry a person of her free will," she remarked.
Shaista admitted at Hilal-i-Ahmar hospital in Karachi for psychiatrist treatment is recovered now and on her will, has been brought to the Women's Police Station, but is under constant silhouette of fear. On the other side Balakh Sher has obviously accepted the divorce and is living with his relatives in his village. He is no more in the limelight but will remain in the perception of Shaista, a victim of love. After immense pressure on the government, the girl has been provided with shelter and jobs-for her and her sister, Parveen-family welfare assistant,s (BPS 9) by the prominent MNA Imtiaz Ahmad Shaikh and Rahila Tiwana Deputy Speaker of the Sindh Assembly, along with some financial assistance on humanitarian grounds. "I have gone through a lot of stress in the past few weeks and am still not feeling completely normal. I hope that now that the jobs have been offered, and once I get busy with the daily routine, I will fully recover," said Ms Almani. In lieu of her safety, Chief Minister Sindh, Ali Mohammed Mahar ordered the appointment of Shaista as ASI and vowed to give her residential facility in the vicinity of Police residential headquarters.
She has also requested legal advice from Zia Ahmed Awan, President of the Lawyers for Human Rights and Legal Aid (LHRLA), that has been assured by him. However, on the application of Human Rights Commission and Women Action Forum, Ms. Almani's case was transferred from Sukkur bench to Karachi. About her uncertain future she stated, "I am uncertain and will remain so until things settle down." She has decided not to make comments on Balakh Sher, whom she trusted and who left her in a situation when she badly needed him on her side.
Up till now a number of arrests have been made in lieu of her statement and special supervision of President Musharaff. Some of the moderate tribes of Sindh had already shown some flexibility in this regard. Currently there are two distinct opinions prevailing in society; one is that this whole episode is a fabricated story to raise a political disaster for Chief Minister Ali Mohd Mahar, brother of Mahar tribe. Others believe that this case definitely possesses some degree of truth.
After the hue and cry made by the tribal verdict declaring Ms. Almani as 'dishonorable', the Sindh provincial legislature unanimously passed a resolution condemning honor killing as a 'brutal tribal tradition' that had no room in a civilized society.
This will ensure that local administration does not come under pressure from tribal chiefs, elected and non-elected politicians and other powerful people to refrain from interfering in cases related to so-called family and tribal honor. "The guidelines set by the Sindh Assembly resolution will help the provincial government come up with an administrative and legal structure able to withstand pressures from within and from outside to ensure justice to those who face tangible threats to their lives from the custodians of regressive traditions," added Asma Jehangir, who is a United Nations reporter on human rights and a former head of the Human Rights Commission of Pakistan (HRCP).
But now what happens to Shaista? She cannot perpetually live out her life in police protection. The case is a prime example of the ruthless and brutal feudal tradition. This is unpardonable violation of tribal circles, at present more powerful than state laws. Shaista's case revealed the power of the feudal and tribal system. The issue of honor killings and dispensation of rough justice by jirgas (Tribes) has been fobbed off for far too long. Legislation to outlaw such primitive practices must be enacted immediately through consultations with legislators and tribal elders. The government must play a role by not only providing protection to legally consumed marriages but also act as a protagonist to move the country away from medieval customs and practices.
It is a matter of a great concern that Jirga (tribal system) is prevailing under the educated bourgeois and influential political heads. Unfortunately after facing more than 5 decades of independence, the uncivilized tribal judicial influence is still exercised and executed at a wide scale. Is it necessary every time to raise voices against injustices to uplift the rule of law, and for girls like Shaista to face mental and political torture to bring the heinous tribal customs in to the lime light? And for how long should the helpless rural class sacrifice their love, life and lands in the hands of educated landlords? I am not blaming the entire lobby of the feudals present in the remote areas of Pakistan, but like all responsible citizens, I disagree with the modus operandi that few influential tribes adopt as a modus vivendi approach in partial support of tribal victims.
There is a dire need in both the private and govt. based sectors to first make an executable, unbiased and prudent judicial mechanism to bring expeditious justice to all, and then to spread mass education particularly rural based education and awareness to sabotage the injustices made by unlicensed tribal verdicts. The rhetoric environment is essential for our rural masses to carry out their personal tasks. As long as they are not breaking the rule of law; they can pursue their own will.
The approach of modus vivendi is out of question that could further exasperate society. Therefore, it is high time to execute the optimistic approach to resolve the most annoying issues like social destruction, economic backwardness and political devastation. If we really want to face and accept the challenges of globalization, we also must realize that no one from outside will come to support us. As the poet of the East, Allama Iqbal wisely said "Carve your own path by means of your own axe; to trade on someone else is hell." Something has to be done in this regard to protect the Pakistani culture, ethics, and centuries old justified traditions along with establishment of Islamic code of conducts.
Besides that, the rural and illiterate are advised to raise their voices against this social injustice, as they are not alien creatures but an existing part of this society. No matter what color, class and creed they belong to, they possess their basic human rights of life, expression, of legal possession and peace at any level and at any cost. In this regard education is a must to revive the society, as literacy is the supreme power of eradicating or battling any injustice.
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