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Vani girls cry for freedom to escape rape as payment for a blood debt Once again the International spotlight falls on Pakistan. This time sympathy is being expressed not for the untold thousands killed during the recent earthquake but for the plight of five young women, who as children, were pledged as marriage partners to settle a blood feud. According to the International News from Pakistan the five, described as 'well-educated girls', have appealed to President Gen Pervaiz Musharraf, Prime Minister Shaukat Aziz, Chief Minister Chaudhry Pervaiz Elahi and Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry to save them from the cruel clutches of Vani, which has already been declared unlawful. The girls have pleaded that during their infancy/childhood they were given in Nikah (verbally) in a compromise in a dispute over a murder and now they are getting education while their so-called spouses have turned out to be illiterate and vagabonds. On their (girls) refusal to be married two of their brothers were shot and injured and were admitted to the DHQ Hospital by their spouses only a few days back. The Wan Bhachran police had registered a case No. 192 dated 19.10.1991 against Muhammad Iqbal Khan s/o Ahmed Khan, a resident of village Sultanwala Sharqi, Mauza Jhangikhel, Union Council Sidru, for murdering his relative Muhammad Zaman Khan s/o Muzaffar Khan of the same village on the suspicion of illicit relations. Before this occurrence Muhammad Afzal, the son of the alleged killer Muhammad Iqbal, had shot and injured Muhammad Zaman in 1990 and the FIR was also registered with Wan Bhachran Police Station. The convict Iqbal was awarded death sentence by the Mianwali district and sessions court and the Lahore High Court was hearing the appeal. On December 1996 both the families reached a compromise through a Punchayat of elders who decided to give away the five girls of the convicted family including the daughter of the convict to the nephew and grand sons of the deceased as "Vani" as the convict family could not pay cash money. As per the "compromise" Asiya Bibi (then 8 years of age and now class-IX student) D/O Muhammad Iqbal Khan was ‘married’ with Sher Abbas Khan s/o Muhammad Akbar Khan (12), Amina Bibi (then 9 and presently MA-English student) and her two sisters Abida Bibi (then 7 years and now F Sc pass), Sajida Bibi (then 5, now Matriculate) d/o Jehan Khan were married to Khan Zaman Khan s/o Ahmed Khan (18), Ikramullah Khan s/o Muhammad Khan (10), Ilyas Khan s/o Afzal Khan (8) and Fatima Bibi (then 7, now Matric student) d/o Abdul Razaq was married to Muhammad Qasim s/o Muhammad Khan (9). Maulvi Inayatullah s/o Muhamamd Din an Imam Masjid of Ali Khel village had verbally offered Nikah(s) without recording them on proper "Nikah Register" of their Union Council. It was regarded as "Sharai Nikah". The girls kept on getting education while their ‘spouses’ could not, rather they emerged as vagabonds and good for nothing. Fathers of the girls on their persistent refusal to go away with their ‘childhood spouses’, refused to hand over their daughters to them. The ‘spouses’ and their families have threatened to kidnap the girls "as they were their wives". When contacted, religious scholars made it clear that the bondage of their infancy or childhood "Nikah" was dissolved when the girls had attained puberty and they were free to marry on their own will. When contacted the family members of the ‘male spouses’ reaffirmed their stance that they had the full right on girls because they were given to them under a package deal as "Vani". District Coordinator of Human Rights Commission of Pakistan Khalil ur Rehman advocate and Zia ullah Khan of Karwan Community Development Association, who have unearthed the case, have appealed to the law enforcing agencies to intervene and to provide protection to the parents and their Vani daughters. Parents ready to surrender assets to save daughters: Mianwali ‘vani’ case Taken from Dawn
Parents of five girls belonging to Chidroo are ready to surrender their assets to save their daughters from falling victim to notorious tribal custom called vani. The girls, now in schools and colleges with one of them MA English student, had appealed to the President and the Supreme Court chief justice last week to save their lives from the cruel social rite declared unlawful recently. Girls said that during their childhood they were given in verbal nikah in compromise of a murder to save their elders. They said they were now getting college/school education while their spouses were illiterate and vagabonds. A few weeks ago, on their refusal to be solemnized, their spouses shot at and injured two of their brothers. Later, their so-called spouses got their injured brothers to the DHQ Hospital. Two of the three fathers of five girls have offered cash and land to their rivals as compensation while the third, Jehan Khan, the father of three, is ready to migrate to some other area after handing over his houses and other valuables. Their so-called husbands meanwhile are not ready to accept anything except the girls. They have reportedly threatened to either lift their ‘wives’ or would settle their score by killing their fathers and brothers. Police, as a preventive measure, had arrested 16 people — nine from boys side and seven from girls — on Friday night, but they all were released on bail. Wan Bhachran police had registered a murder case on Oct 10, 1991, against one Muhammad Iqbal of Sultanwala Sharqi village, Mouza Jhangikhel Chidroo, for murdering his relative Muhammad Zaman Khan on suspicion. Before the murder incident, Muhammad Afzal, the son of alleged killer Muhammad Iqbal, had shot at and injured Muhammad Zaman in 1990. An FIR had also been lodged with the Wan Bhachran police station. The district and sessions judge had handed down death sentence to convict Iqbal while the Lahore High Court also rejected his appeal. In December 1996, both the families reached a compromise with the help of their joint friends. Elders had decided to give five girls of the convicted family, including convict’s daughter, to the nephew and grandsons of the deceased as vani for the convict family could not pay the compensation money. According to the compromise, Asiya Bibi (8), daughter of Iqbal, was married to Sher Abbas (12), son of Muhammad Akbar Khan; Amina Bibi (9), her sisters Abida Bibi (7) and Sajida Bibi (5) were married off to Khan Zaman (18), son of Ahmed Khan; Ikramullah (18), son of Muhammad Khan; Ilyas Khan (8), son of Afzal Khan, respectively, while Fatima Bibi (7), daughter of Abdul Razzaq, was married to Muhammad Qasim (9), son of Muhammad Khan. Moulvi Inayatullah, prayer leader of Ali Khel village mosque, had verbally solemnized nikahs without entering them in ‘nikah register’ of their union council. With the passage of time, the girls kept on getting education while their so-called spouses remained illiterate and have now indulged in various social ills. Under this scenario, parents of the girls have refused to hand over their daughters to their childhood spouses. While the educated girls have also flatly refused to live with their illiterate ‘husbands’. On their refusal, the ‘husbands’ have threatened to forcibly take away the girls. Religious scholars have made it clear to girls’ parents that the girls are free to marry on their own will after attaining the age of puberty. Meanwhile, family members of male spouses reaffirmed their stance that they had the full right on girls because they were given to them under ‘vani’, which was the custom of this area. Child Marriages Amnesty International In 1990, Pakistan ratified the UN Convention on the Rights of Child, which prohibits child marriages. In addition under the Muslim Family Law Ordinance, a girl must have attained the age of 16 and a boy must have attained the age of 18, and both need to consent before the marriage can take place. Historically there have been no measures taken by the state to ensure that marriages are consensual and in many instances the age of a girl will be changed on her marriage certificate in order to avoid questions over her being underage. The ability of individuals to bypass the law without any fear of repercussions has also perpetuated customary practices of selling girls into ‘marriage’ in exchange for money, settling disputes with the exchange of girls known as vani or swara and the use of girl as compensation for crimes. While the formal laws in Pakistan do not condone these practises, the courts do little to address them, allowing informal justice systems to implement a law of their own. High levels of economic hardship and social inequality often lead families to sell their young daughters into marriage as a means of earning money. Bride prices range from Rs. 80,000 to Rs. 200,000 (1,400-3,500 USD) and younger girls receive higher prices. These sales are not legal and are not done with the consent of the girl. In some cases the decision is made by one member of the family without consulting any other members. • In March 2004, a case was
brought in front of a judge in Dadu, Sindh province, regarding the sale
of Akthiar, a 7-year-old girl to a 35-year-old man for marriage. The
girl’s mother appeared with her in court to protest the sale of her
daughter, by her husband to Ali Hassan, a resident of Mazdoorabad
Moholla in Dadu for Rs. 18,000 (300 USD). Akthiar managed to escape.
Since then Ali Hassan has attempted to kidnap her back, and her mother
is seeking protection for her daughter. An investigation into the
incident was called for by the judge.
• In other instances the exchange
of a girl is not decided by her own family but by the decision of an
informal court. Vani or swara refers to a customary practise that is
widespread across Pakistan and used as a method of resolving disputes
and settling debts between families and tribes.
• According to this custom female
members from the offending male’s family are married/given to the
victim’s family as a reparation or penance. These decisions are often
made by a jirga or panchayat who are a council of elders from the
community who convene an informal court to decide methods for resolving
disputes.
• In a case that was documented
by the Human Rights Commission, a 10-year-old girl was recovered after
a complaint was lodged against her father by her cousins. This young
girl has been sold into marriage by her father in order to settle an
outstanding debt. Upon a medical examination it was found that she had
been subjected to rape and torture.
In 2002, the Chief Justice of Pakistan declared vani and swara as un-Islamic and expressed concern over the rising number of these cases. The Chief Justices of high courts were all given instruction to ensure that trial courts do not allow for a woman to be given as compensation . According to press reports, the Law and Justice Commission stated in March 2004, that all individuals who contract a marriage by vani and swara through a jirga or panchayat should be liable to rigorous imprisonment. The Commission also came out with a draft amendment to article 366-C of the Pakistan Penal Code which states: “Whosoever
takes part in reconciliation or panchayat and thereby requires any
person to offer or accept, and whosoever offers and accepts in marriage
a woman (defined as having reached the age of 16) against her free
will, or a female child in leiu of any concession to an accused person,
or as a compensation for an act when such an act is an offence under
the law, or as a Badl-i-Sulh shall be punished with imprisonment of
either description for a term which may be extended to ten years and
shall be liable to a fine”.
This amendment has not been passed as yet. In a report in May 2004, Shahfaullah, based on an ambiguous letter that he found addressed to his wife, accused Mumtaz Khan of having illicit relations with his wife. This matter was brought before a tribal jirga who decided that Mumtaz’s two unmarried sisters aged 14 and 16 were to be given to Shahfuallah as compensation. 14-year-old Rehana Bibi was to be married to 35-year-old Shahfuallah despite him being already married, and 16-year-old Rukhsana Bibi was to be married to 23-year-old Ziaullah, Shafuallah’s unmarried brother. If this decision was disputed, then Shafuallah threatened to kill Mumtaz. Luckily the Musakhel police rescued these two girls and brought in front of a civil judge. According to advice of civil judges, an advocate for the Human Rights Commission from Karwan Community Development Organisation, Kalabagh, filed two “dissolution of marriage” suits with the family court. The grandfather of these girls was reportedly shot dead in revenge after this intervention took place. While the court was able to intervene on behalf of these young girls, it is evident that in many instances the marriage of young girls as decided by jirgas and panchayats continues to occur. In 2003, the Human Rights commission continued highlight the prevalence of the practise of child marriages most notably in parts of Sindh and southern Punjab. In a previous case documented by the Human Rights Commission, two girls were rescued by the intervention of the Chief Minister of Punjab. A 17-year-old was about to be married to a 77-year-old man and a 16-year-old girl was about to be married to a 55-year-old man to settle a criminal dispute. These marriages has been arranged by four murder convicts who saved themselves from the death penalty after reaching an agreement with the aggrieved family to pay a fine and hand over eight young girls as ‘compensation’ to the aggrieved family. Although there are national laws such as the Marriage Restraint Act of 1929 and the Pakistan Penal Code (articles 310 & 338-E) that prohibit the sale and underage marriage of girls, these customary practices will be difficult to prevent unless laws are introduced that explicitly outlaw the customary practices of vani and swara and are rigorously implemented and those breaching the contract are dealt with strictly under the law. See also: Barbarism at work in Iraq
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