Mukhtaran Bibi

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Mukhtaran Bibi, Glamour Magazine Woman of the Year 2005
Mukhtaran Bibi, Glamour Magazine Woman of the Year 2005

Mukhtaran Bibi (مختاران بی‌بی, born c. 1972, also known as Mukhtaran Mai, Mukhtiar or Mukhtaran) is a Pakistani woman from the village of Meerwala, in the rural tehsil (county) of Jatoi of the Muzaffargarh District of Pakistan. Mukhtar Mai suffered a gang rape as a form of honour-revenge (see honour killing), on the demands of tribesmen — or by some accounts, on the orders of a panchayat (tribal council) — of a local Mastoi Balochclan that was richer and more powerful than Mukhtaran's clan, the Gujjar Tatla. By custom, Pakistani women are expected to commit suicide after such an event only in few clans.[citation needed]. Instead, she spoke up, and using word of mouth, took her case to court where her rapists were arrested and charged. She took settlement money provided to her by the government following the court case, and opened a center for refuge and education, the Mukhtar Mai Women's Welfare Organization.[1]

In April 2007, Mukhtar Mai won the North-South Prize from the EU Council of Europe.[2] In 2005, Glamour Magazine named her "Glamour Woman of the Year".[3] According to the New York Times, "Her autobiography is the No. 3 best seller in France ... movies are being made about her, and she has been praised by dignitaries like Laura Bush and the French foreign minister".[4] However, on April 8, 2007, the New York Times reported that Mukhtar Mai lives in fear for her life from the Pakistan government and local feudal lords.[5] General Pervez Musharraf, the president of Pakistan, has admitted on his personal blog[6] that he placed restrictions on her movement in 2005, as he is fearful that her work, and the publicity it receives, hurts the international image of Pakistan.

According to the New York Times, Mukhtar Mai, her friends, colleagues and their families are at great risk from violence by local feudal lords, and/or the government of Pakistan. NY Times writer Nick Kristof has suggested on his blog[7] that concerned persons write to the President of Pakistan to ask him to help her, not to harass her.[8]

Contents

[edit] Rape incident

News accounts of the rape incident vary. The account that follows is 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 judgement.

Mukhtaran testified that in June her adolescent brother Shaqoor 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. At the trial, the judge commented that the accusation was unsupported.

[edit] Saturday afternoon, June 22, 2002

Early in the afternoon of Saturday, 22 June 2002, Shaqoor was abducted by three Mastoi men. He was taken that afternoon to the residence of the main defendant, Abdul Khaliq, Salma's brother. (Shaqoor 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 Shaqoor had indeed been sodomized and/or assaulted. His attackers were convicted in a separate trial.)

Shaqoor 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 Shaqoor 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 18 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 Shaqoor 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

The accused rapists of Mukhtar Mai
The accused rapists of Mukhtar Mai

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 she was gang raped.

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 Shaqoor. 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.[9] Time magazine ran a story on the case in mid-July.[10] Major international newspapers and networks reported on developments in the case.

Elements within the Western media have been accused of telling her story solely as a victim narrative.[11]

[edit] Government reactions

Early in July, 2002, Pakistan's Chief Justice called Mukhtaran's rape the most heinous crime of the twenty first 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."[12]

[edit] Court verdicts

[edit] Anti-Terrorist 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-Terror 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 inadmissibility of key pieces of evidence.[13] 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.[14][15]

[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. However, her rapists were found not guilty. The famous Advocate Malik Muhammad Saleem won this case against Mukhtaran bibi and the accused were released. Shariat Court in Pakistan decided to overrule this decision of Punjab High Court and the accused were caught again. The very next day Pakistan's Supreme Court ruled that the Shariat Court did not have the authority to overrule the decision and decided to hear this case in the Supreme Court. The case is pending since the last 3 years.

[edit] Retrial of rapists

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.[16] 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.[17]

[edit] Mukhtar Mai’s work

Mukhtar Mai became famous after she took the money awarded her in the court settlement, and began to work to educate girls, and to promote education with a view towards raising awareness to prevent future honor crimes. Out of this work grew the organization Mukhtar Mai Women's Welfare Organization. The Goals of MMWWO are to help the local community, especially women, through education and other projects. The main focus of her work is to educate young girls, and to educate the community about women’s rights and gender issues. Her organization teaches young girls, and tries to make sure they stay in school, rather than work or get married. In Fall 2007, a high school will be started by her group. The MMWWO also provides shelter and legal help for people, often women, who are victims of violence or injustice.[18]

[edit] Awards and acclaim

  • 12 January 2006, Mukhtaran Mai published her memoir with the collaboration of Marie-Thérèse Cuny under the title "Déshonorée".[21] 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".
  • 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."[23] 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”.[24]
  • 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."
  • 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.[25] The changes were hailed by civil rights groups as a positive step.[26]

[edit] Name on Exit-Control List

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), a list of people prohibited from traveling abroad, a move that prompted protest in Pakistan and around the world.[28][29] 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 Mukhtaran 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.[30]

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.[31]

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.[32]

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".[33] However, local telephone service had been interrupted by a telephone workers union strike that week,[34] and service was restored after the Army took control of the telephone exchange in Muzaffargarh district.[35] In the same article, Kristof claimed that Mukhtaran had been "led sobbing to detention at a secret location" and "barred from contacting anyone".[33] In her press conference that week in Islamabad, Mukhtaran clarified that she had not actually been placed under house arrest, but felt as if she was because of the heavy police protection.

[edit] Mukhtar Mai's passport confiscated

On 19 June 2005, 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.[36] 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.[37]

On 27 June 2005 Mukhtaran's passport was returned to her.[38]

On 29 June 2005, on his official website Musharraf wrote that "Mukhtaran Mai is free to go wherever she pleases, meet whoever she wants and say whatever she pleases."

[edit] References

 The references in this article would be clearer with a different or consistent style of citation, footnoting, or external linking.
  1. ^ 'Mukhtar Mai Women's Welfare Organization'
  2. ^ http://www.coe.int/t/F/Centre_Nord-Sud/Programmes/7_Prix_Nord-Sud/Discours_SG_PNS2006.pdf
  3. ^ 2005 Glamour Woman of the Year
  4. ^ Kristof, Nicholas D. "A Heroine Walking in the Shadow of Death", New York Times. April 4, 2006. Accessed March 29, 2008.
  5. ^ Kristof, Nicholas D. "A Woman’s Work Earns Her Enemies", The New York Times, April 8, 2007. Accessed March 29, 2008.
  6. ^ General Pervez Musharraf - Write to the President: The President Responds
  7. ^ Nicholas D. Kristof - Opinion - New York Times Blog
  8. ^ write to the President of Pakistan
  9. ^ Protests over Pakistan gang rape, BBC, July 3, 2002.
  10. ^ A Violation of Justice, Brian Bennett, Time Magazine, July 8, 2002.
  11. ^ On Being a Muslim Woman Writer in the West, the Mukhtaran Mai Incident: from First Facts to Western Spin, Islamica Magazine, Issue 17, 2006.
  12. ^ Gang-rape victim narrates ordeal, Dawn, July 6, 2002.
  13. ^ Acquittals in Pakistan gang rape, BBC, March 3, 2005.
  14. ^ Appeal to be filed in Meerwala case, Dawn, March 6, 2005
  15. ^ Mukhtaran Mai seeks stay order to halt execution of LHC verdict, PakTribune, March 7, 2005.
  16. ^ Releases ordered in rape case, BBC, June 10, 2005.
  17. ^ Pakistan rape acquittals rejected, BBC, June 28, 2005.
  18. ^ Mukhtar Mai Women Welfare Organization
  19. ^ Mai denies having millions in her account, Daily Times, August 3, 2005.
  20. ^ The Pakistani who fought back and won, CNN, November 5, 2005.
  21. ^ Déshonorée
  22. ^ Visit of Mukhtaran Mai to France, French Ministry of Foreign Affairs, January 16, 2006.
  23. ^ UNTV Mukhtar Mai, 2 MAY 2006
  24. ^ Mukhtaran honoured as ‘hero’ at UN, Dawn, May 4, 2006.
  25. ^ Pakistan lawmakers curtail Islamic rape law, November 16, 2006
  26. ^ Rights activists welcome Pakistan rape law change, November 16, 2006
  27. ^ North-South Prize of the Council of Europe
  28. ^ Mukhtaran on ECL, Dawn, June 11, 2005.
  29. ^ CSOs resent govt decision, Dawn, June 13, 2005
  30. ^ Mukhtaran being shifted to Lahore, Dawn, June 13, 2005.
  31. ^ Mukhtaran pays visit to Lahore, Dawn, June 14, 2005.
  32. ^ Mukhtaran allowed to go abroad, Dawn, June 16, 2005.
  33. ^ a b Raped, Kidnapped and Silenced, Nicholas Kristof, New York Times, June 14, 2005.
  34. ^ Govt sets June 18 for PTCL sell-off: Forces take control of installations; workers reject package, go on strike, Dawn, June 16, 2005.
  35. ^ Govt announces PTCL bidding; Army, Rangers take over installations, Daily Times, June 12, 2005.
  36. ^ A Free Woman, Nicholas Kristof, New York Times, June 19, 2005.
  37. ^ Mukhtar Mai proves Manto right, Khalid Hasan, Daily Times, June 19, 2005
  38. ^ Passport returned to Mukhtaran, Dawn, June 28, 2005.

[edit] External links

[edit] Timelines

[edit] Mukhtaran's blog

[edit] Interviews

[edit] News stories

Selected news stories, arranged chronologically.

[edit] Commentary

[edit] Court judgments

[edit] See also

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