Mukhtaran Bibi
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Mukhtaran Bibi (مختاران بیبی, born c. 1972) is a Pakistani woman from the small and impoverished village of Meerwala, located in the rural tehsil (county) of Jatoi in the Muzaffargarh District of Pakistan. Also known as Mukhtar Mai, Mukhtiar or just Mukhtaran, she was gang-raped on the demands of tribesmen — or by some accounts, on the orders of a panchayat (tribal council) — of a local clan known as the Mastoi. The Mastoi clan reportedly had bitter disputes with Mukhtaran's clan, the Tatla.
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[edit] Summary of the story, based on the court record
There is a great deal of variance in the news accounts of the rape incident. The account that follows is therefore based on the testimonies of witnesses in the court that sentenced Mukhtaran's rapists to death, supplemented with details from the text of the Lahore High Court judgment.
Mukhtaran testified that in June her adolescent brother Shakoor was suspected and accused by the Mastoi of committing ziadti (rape, sodomy or illegal sex) or zina (fornication or adultery) with a Mastoi girl, Salma, also known as Nasim. This accusation was almost certainly false (and at the trial court, the judge commented that the accusation was unsupported.)
[edit] Saturday afternoon, June 22, 2002
Early in the afternoon of Saturday, 22 June 2002, Shakoor was abducted by three Mastoi men. He was taken that afternoon to the residence of the main defendant, Abdul Khaliq, Salma's brother. (Shakoor testified that he had been abducted by three Mastoi men, each of whom sodomized him in a sugarcane field. The court determined, based on a doctor's testimony, that Shakoor had indeed been sodomized and/or assaulted. His attackers were convicted in a separate trial)
Shakoor had shouted for help while being taken into Abdul Khaliq's house, and his relatives heard his cries. Mukhtaran, her mother, and other women of the house rushed outside, where several Mastoi men told them that Shakoor had committed ziadti with Salma. The women went immediately to Abdul Khaliq's house to demand his release, but Abdul Khaliq refused. Mukhtaran's mother then sent her brother to get the police. There were no telephones or police in Meerwala, and the Jatoi police station was 13 km to the north over dirt roads.
Mukhtaran's clan, the Tatla, gathered together in an akath (small crowd or gathering). They were told that their kinsman Shakoor had been held by the Mastoi because he had been accused of committing ziadti or zina with Salma.
Separately, a Mastoi akath of about 200 to 250 Mastoi gathered outdoors, less than a hundred meters from Abdul Khaliq's house. According to some accounts, a Mastoi tribal council formed, consisting of three defendants: Ramzan Pachar, G.F. Mastoi and a Mastoi clan chief, Faiz M. Mastoi, also known as Faiza or Faizan. The akath was told that Shakoor had committed ziadti with Salma.
The police arrived before sunset, freed Shakoor from the Mastoi, and took him to a police station and held him, pending a possible sex-crime charge against him.
[edit] Nightfall
Sunset was at 7:20 p.m. that day, and twilight lasted until about 7:48 p.m.. With no electricity, darkness set in. (At the High Court trial, the defense contended that prosecution witnesses could not have seen some of the things that they had claimed to see.)
Mukhtaran's family proposed to settle the matter with the Mastoi by marrying Shakoor to Salma, and marrying Mukhtaran to one of the Mastoi men, and - if Shakoor was found to be at fault - to give some land to Salma's family. This proposal was conveyed to Faizan, the Mastoi elder. According to some of the prosecution witnesses, Faizan was initially agreeable, but two men of Salma's family - defendants Ramzan Pachar and G.F. Mastoi - refused and demanded revenge of zina for zina. Some other Mastoi men allegedly joined them in this demand.
Ramzan Pachar and G.F. Mastoi then came to Mukhtaran's family, and told them that the Mastoi would accept the proposed settlement if she would personally come and apologize to Salma's family and the Mastoi akath. She went to the akath with her father and maternal uncle.
Addressing the akath, which had been dispersing and by this time had dwindled to about 70 people, Faizan stated that the dispute was settled and Mukhtaran's family should be "forgiven."
[edit] The rape
Immediately afterward and less than a hundred meters from the akath, Abdul Khaliq, armed with a 30-caliber pistol, forcibly took Mukhtaran inside into a dark room with a dirt floor, where he, G.F. Mastoi and two other defendants raped her. Her father and uncle were kept from saving her, and were kept outside, by Mastoi men. (A deposition by Dr. Shahida Safdar, who medically examined Mukhtaran on 30 June, nine days after the alleged rape, stated that she found two healed abrasions on the victim, 1.5 cm x 0.5 cm and 3 cm x 1 cm. She also took swabs that were found to be stained with semen. No semen was found on the clothes, however, as Mukhtaran's sister had washed them.)
After about an hour inside, she was pushed outside wearing only a torn qameez (long shirt). The rest of her clothes were thrown out with her. Her father covered her up and took her home. (The clothes were presented as evidence in court.)
That same night, the police were informed that the two clans had settled their dispute, and that Salma's family was withdrawing its complaint against Shakoor. His uncle retrieved him from the police station around 2 or 3 a.m.
[edit] The following week
A local Muslim imam (mosque prayer leader), Abdul Razzaq, condemned the rape in his sermon on the Friday after it occurred. He brought a local journalist, Mureed Abbas, to meet Mukhtaran's father, and persuaded the family to file charges against the rapists.
Mukhtaran and her family went to the Jatoi police station on June 30, 2002 to file charges.
[edit] Media coverage
In the next few days, the story became headline news in Pakistan, and remained so for months. Many versions of the story were reported in the days that followed, and variances persist to this day.
By 3 July, the BBC had picked up on the story.[1] Time magazine ran a story on the case in mid-July.[2] Major international newspapers and networks reported on developments in the case.
Elements within the Western media have been accused of essentializing the plight of Mai and telling her story solely as a victim narrative.[3]
[edit] Government reactions
Early in July, 2002, Pakistan's Chief Justice called Mukhtaran's rape the most heinous crime of the 21st century. He summoned senior police officials and castigated them for incompetence in their handling of the case.
The Government of Pakistan awarded Mukhtaran with a sum of 500,000 rupees (8,200 U.S. dollars) on 5 July 2002. Mukhtaran reportedly told Attiya Inayatullah, the Women’s Development Minister who gave her the cheque that she "would have committed suicide if the government had not come to [her] help." [4]
[edit] Court verdicts
[edit] Anti-Terrorism Court
Mukhtaran's attackers, and the Mastoi of the so-called panchayat that conspired in her rape, were sentenced to death by the Dera Ghazi Khan Anti-Terrorist Court.
An Anti-Terrorist Court (ATC) is a type of court in Pakistan that specializes in prosecuting cases related to terror or mass intimidation. ATCs in Pakistan have been criticized by human rights organizations for having lower standards of proof and evidence than regular courts -- ATCs admit hearsay as evidence, and do not require guilt to be proven to the reasonable doubt standard.
The ATC venue was ruled appropriate in this case because the Mastoi had intimidated and terrorized (and continue to threaten) Mukhtaran's clan and the people of the area. The Anti-Terrorist Court convicted six men and sentenced them to death on 31 August 2002.
[edit] After the conviction
After the conviction of her attackers, Mukhtaran became a symbol for advocates for the health and security of women in her region, attracting both national and international attention to these issues. Mukhtaran used the award money she had received from President Musharraf to build two local schools, one for girls and another for boys. There were no schools for girls in Mukhtaran's village before this and she never had the opportunity to get an education. Some Western donors have also come forward with contributions.
[edit] Lahore High Court
Although the Anti-Terrorism Courts had originally been conceived as a way to provide swift and conclusive convictions for heinous crimes, Pakistan's Supreme Court ruled in 1998 that ATC verdicts could be appealed in Pakistan's regular court system, which has higher evidentiary standards. The six convicted men appealed to the Lahore High Court.
On 3 March 2005 five of the six men sentenced to death were acquitted on appeal by the Lahore High Court, the highest court of the Punjab province, in part because of the inadmissability of key pieces of evidence.[5] The Pakistan government decided to appeal the acquittal, and Mukhtaran asked the court not to order the release of the five men, who then remained in detention under a law that allows for a 90-day detention without charges.[6][7]
[edit] Legal Representation
Mukhtaran has been represented by panels of lawyers. One such team is headed by Pakistan's Attorney General, Makhdoom Ali Khan. Another panel is led by Aitzaz Ahsan, a top lawyer and politician belonging to the Pakistan Peoples Party who has been representing Mukhtaran pro bono. Mukhtaran's cousin and close friend, law student Naseem Ghazlani, is said to be her constant companion in her dealings with lawyers.
[edit] Timeline of later developments
The Lahore high court ruled on 6 June 2005 that the accused men could be released on payment of a 50,000 rupees ($840) bond. However, the men were unable to come up with the money, and remained in jail while the prosecution appealed their acquittal.[8] Just over two weeks later, the Supreme Court intervened and suspended the acquittals of the five men as well as the eight who were acquitted at the original 2002 trial. All 14 would be retried in the Supreme Court.[9]
Also on 10 June 2005, shortly before she was scheduled to fly to London on the invitation of Amnesty International, Mukhtaran was put on Pakistan's Exit-Control List (ECL) [10] , a list of people prohibited from traveling abroad, a move that prompted protest in Pakistan[11] and around the world. President Musharraf was out of the country in Australia and New Zealand, and it was not immediately apparent who had put Mukhtaran's name on the ECL.
On 12 June 2005 Muktharan was abruptly asked by the government to travel to Lahore to meet with provincial assemblywoman Shagufta Anwar, and then go to Islamabad to meet with Presidential advisor Nilofer Bakhtiar.[12]
On 13 June 2005, in Lahore, Mukhtaran was spotted by journalists at the Punjab Chief Minister's official mansion, where she had lunch, but they were unable to interview or contact her because her "cellular phone did not respond for hours." She left that afternoon for Islamabad.[13]
On 14 June 2005, at a press conference in Islamabad, Mukhtaran demanded removal of her name from the Exit Control List, and also complained that she was "virtually under house arrest" because of the large police contingent assigned to protect her.[14]
On the same day, New York Times columnist Nicholas Kristof claimed that she was "under house arrest" and that police had "cut off her land line" to "silence her".[15] However, local telephone service had been interrupted by a telephone workers union strike that week[16] ,and service was restored after the Army took control of the telephone exchange in Muzaffargarh district.[17] In the same article, Kristof claimed that Mukhtaran had been "led sobbing to detention at a secret location" and "barred from contacting anyone".[15] In her press conference that week in Islamabad, Mukhtaran clarified that she had not actually been placed under house arrest, but felt as she was because of the heavy police protection.
On 15 June 2005, Prime Minister Shaukat Aziz ordered Mukhtaran's name removed from the ECL.[18]
On 17 June 2005, President Musharraf revealed during a press conference in Auckland, New Zealand that he had stopped Mukhtaran from travelling to New York because he wanted to protect Pakistan's image abroad.[19]
An Indian news website, Rediff, reported that Musharraf said Mukhtaran Mai was being taken to the United States by foreign non-government organisations ("NGOs") "to bad-mouth Pakistan" over the "terrible state" of the nation's women. He reportedly said that some NGOs were "Westernised fringe elements" which "are as bad as the Islamic extremists".[19]
Musharraf explained on his website that he had stopped Mukhtaran from travelling to the ANAA conference in New York because he believed the organisers' intent was "maligning Pakistan by vested interests, rather than sincerely helping Mai out."[20]
On 17 June 2005 BBC News characterized the international media reaction as a public-relations disaster.[21]
On 19 June 2005, by New York Times columnist Nicholas Kristof reported that as Mai returned from the US embassy in Islamabad, after getting her passport stamped with a US visa, it was "confiscated" once again, rendering her unable to travel outside the country.[22] A column by Khalid Hasan in Pakistan's Daily Times called the government's actions "folly" and "ham-fisted", and said that it had "failed abjectly" to support the liberal "convictions it claims to have" with actions.[23]
On 27 June 2005 Mukhtaran's passport was returned to her.[24]
On 29 June 2005, on his personal website Musharraf wrote that "Mukhtaran Mai is free to go wherever she pleases, meet whoever she wants and say whatever she pleases."
On 2 August 2005, the Pakistani government awarded Mukhtaran the Fatima Jinnah gold medal for bravery and courage.[25]
During a September 2005 visit to the United States, the Washington Post reported that President Musharraf, in the course of a long interview, said that claiming rape had become a "moneymaking concern" in Pakistan. Musharraf denied that these were his own views, prompting the Post to put part of Musharraf's interview online. On tape, Musharraf can be heard to say, "You must understand the environment in Pakistan also. There are some opposition people who don't keep national interests in view and therefore for their own political agendas er.. they want to undermine me through this.. and also this has become a money-mak.. money-making concern." [26]
On 2 November 2005, The US magazine Glamour named Mukhtaran as their Woman Of The Year.[27]
On 12 January 2006, Mukhtaran Mai published her memoir with the collaboration of Marie-Thérèse Cuny under the title "Déshonorée". The originating publisher of the book is OH ! Editions in France and her book is published simultaneously in German by Droemer Verlag under the title "Die Schuld, eine Frau zu sein".
On January 16, 2006, to coincide with the publication of her memoir, Mukhtaran Mai travelled to Paris (France) and was received by Foreign Minister Philippe Douste-Blazy.[28]
In January 2006, Mukhtaran was originally slated to speak at the United Nations on 20 January 2006, but the UN postponed the visit at the last minute after Pakistan complained that her appearance was scheduled for the same day as a visit by Prime Minister Shaukat Aziz. The UN wanted to move it to sometime after 24 January, but since Mukhtaran was due to leave New York on 21 January, Islamabad's complaint effectively cancelled the visit. Aziz claimed he didn't know that Mukhtaran was due to appear while Mukhtaran told newspapers that "Prime Minister Aziz was always gracious and responsive to her and had encouraged her to speak out." [29]
On 2 May 2006, Mukhtaran spoke at the United Nations headquarters in New York. In an interview with United Nations TV, Mai said that "she wanted to get the message across to the world that one should fight for their rights and for the rights of the next generation."[30] She was welcomed by UN Under-Secretary General Shashi Tharoor, who said, “I think it is fair to say that anyone who has the moral courage and internal strength to turn such a brutal attack into a weapon to defend others in a similar position, is a hero indeed, and is worthy of our deepest respect and admiration”.[31]
On 31 October 2006, Mukhtaran's memoir will be released in the United States for the first time, titled "In the Name of Honor: A Memoir."
On 15 November 2006, Pakistan's lower house of Parliament voted to alter its rape laws to move them from religious law to penal code, effectively separating rape from adultery. It also modifies the law to no longer require that the victim produce four witnesses of the assault, and it allows circumstantial and forensic evidence be used for investigation. The change requires approval of the upper house of Parliament before it becomes law. [32] The changes were hailed by civil rights groups as a positive step. [33]
[edit] References
- ^ Protests over Pakistan gang rape, BBC, July 3 2002.
- ^ A Violation of Justice, Brian Bennett, Time Magazine, July 8 2002.
- ^ On Being a Muslim Woman Writer in the West, the Mukhtaran Mai Incident: from First Facts to Western Spin, Islamica Magazine, Issue 17, 2006.
- ^ Gang-rape victim narrates ordeal, Dawn, July 6 2002.
- ^ Acquittals in Pakistan gang rape, BBC, March 3 2005.
- ^ Appeal to be filed in Meerwala case, Dawn, March 6 2005
- ^ Mukhtaran Mai seeks stay order to halt execution of LHC verdict, PakTribune, March 7 2005.
- ^ Releases ordered in rape case, BBC, June 10 2005.
- ^ Pakistan rape acquittals rejected, BBC, June 28 2005.
- ^ Mukhtaran on ECL, Dawn, June 11 2005.
- ^ CSOs resent govt decision, Dawn, June 13 2005
- ^ Mukhtaran being shifted to Lahore, Dawn, June 13 2005.
- ^ Mukhtaran pays visit to Lahore, Dawn, June 14 2005.
- ^ Mukhtaran allowed to go abroad, Dawn, June 16 2005.
- ^ a b Raped, Kidnapped and Silenced, Nicholas Kristof, New York Times, June 14 2005.
- ^ Govt sets June 18 for PTCL sell-off: Forces take control of installations; workers reject package, go on strike, Dawn, June 16 2005.
- ^ Govt announces PTCL bidding; Army, Rangers take over installations, Daily Times, June 12, 2005.
- ^ Mukhtaran allowed to go abroad, NA told, Dawn, June 16 2005.
- ^ a b Musharraf barred travel by rape victim, Rediff, June 17 2005.
- ^ The President Responds, President of Pakistan, June 29 2005.
- ^ Pakistan's gang rape PR disaster, BBC, June 17 2005.
- ^ A Free Woman, Nicholas Kristof, New York Times, June 19 2005.
- ^ Mukhtar Mai proves Manto right, Khalid Hasan, Daily Times, June 19 2005
- ^ Passport returned to Mukhtaran, Dawn, June 28 2005.
- ^ Mai denies having millions in her account, Daily Times, August 3 2005.
- ^ Interview with Pakistan president Musharraf], Washington Post, September 23 2005.
- ^ The Pakistani who fought back and won, CNN, November 5 2005.
- ^ Visit of Mukhtaran Mai to France, French Ministry of Foreign Affairs, January 16 2006.
- ^ Pakistan and UN to host event with Mukhtaran, Dawn, January 26 2006.
- ^ UNTV Mukhtar Mai, 2 MAY 2006
- ^ Mukhtaran honoured as ‘hero’ at UN, Dawn, May 4 2006.
- ^ Pakistan lawmakers curtail Islamic rape law, November 16, 2006
- ^ Rights activists welcome Pakistan rape law change, November 16, 2006
[edit] External links
[edit] Timelines
- Mukhtar Mai - history of a rape case - BBC News timeline.
- Pakistan Politics!
[edit] Mukhtaran's blog
- Mukhtaran Mai's blog - hosted by BBC Urdu. Also see related BBC article.
[edit] Interviews
- Islamica Magazine Interview with Mukhtaran Mai, Islamica Magazine, Winter 2006
- Interview on Democracy Now! 06/21/05
[edit] News stories
Selected news stories, arranged chronologically.
- Police attacked in Pakistan rape case. BBC, 5 July 2002
- Panchayat chief implicated in another rape
- Mukhtaran’s uncle recalls rape scene in court
- Mukhtaran narrates her travails
- I pursued the case to deter future rapists: Mai
- Persons of the year 2002
- Mukhtaran to attend women's conference in Spain
- Lahore Arts Council stages tragedy of Meerwala rape
- Pakistan Court Orders Twelve Men Freed in Gang Rape. Rueters, 10 June 2005
- Women's rights in Pakistan: The woman who dared to cry rape. The Independent, 15 June 2005
[edit] Commentary
- The Mukhtaran Mai Incident, from First Facts to Western Spin Islamica Magazine, Autumn 2006
- The power of Pakistan's progressive press. Kamila Shamsie, Guardian, 6 September 2004
- Opinion piece denouncing Musharraf's response Nicholas D. Kristof, The New York Times, 14 June 2005
- Kristof tells of Mai's passport being confiscated The New York Times, 19 June 2005
- Overview of the Mukhtaran Mai situation October 2004
- Letter to the Pakistani newspaper Dawn about the coverage of the Mukhtaran Mai case in the wake of General Musharraf's curbs on her movement (Letter No. 3) Dawn, 14 July 2005
- Statement of support from Mukhtaran Mai's American Muslim hosts, altmuslim.com, 31 October 2005
[edit] Text of court judgments
[edit] See also
- Shazia Khalid
- Violence against women in Pakistan
| Persondata | |
|---|---|
| NAME | Bibi, Mukhtaran |
| ALTERNATIVE NAMES | مختاران بیب (Arabic); Mai, Mukhtar (alternate name); Mukhtiar (alternate name); Mukhtaran (alternate name) |
| SHORT DESCRIPTION | rape victim and whistleblower |
| DATE OF BIRTH | c.1972 |
| PLACE OF BIRTH | Meerwala, Muzaffargarh District, Pakistan |
| DATE OF DEATH | living |
| PLACE OF DEATH | |
