2312Rape is an extensive problem. The HRCP estimates that at least eight women,five of them minors, are raped every day, and more than two-thirds of those aregang-raped. In 1997 the National Assembly passed a law that provided for the deathpenalty for persons convicted of gang rape. No executions have been carried outunder this law and conviction rates remain low because rape, and gang rape in particular,is commonly used by landlords and criminal bosses to humiliate and terrorizelocal residents. It is estimated that less than one-third of all rapes are reportedto the police. Police rarely respond to and sometimes are implicated in theseattacks (see Section 1.c.). According to a police official, in most rape cases the victimsare pressured to drop charges because of the threat of Hudood adultery or fornicationcharges against them if they cannot prove the absence of consent. All consensualextramarital sexual relations are considered violations of the Hudood Ordinances,and carry Hadd (Koranic) or Tazir (secular) punishments (see Section 1.e.).Accordingly, if a woman cannot prove the absence of consent, there is a risk thatshe may be charged with a violation of the Hudood ordinances for fornication oradultery. The Hadd—or maximum punishment for this offense—is public flogging orstoning; however, for Hadd punishments to apply, especially stringent rules of evidenceare followed. Hadd punishments are mandatory if evidentiary requirementsare met; for sexual offenses, four adult male Muslims must witness the act or thealleged perpetrator must confess. For non-Muslims or in cases where all of the 4male witnesses are not Muslim, the punishment is less severe. The testimony of fourfemale witnesses, or that of the victim alone, is insufficient to impose Hadd punishments,therefore, even if a man rapes a woman in the presence of several women,he cannot be subjected to the Hadd punishment. If Hadd punishment requirementsare not met, the accused may be sentenced to a lesser class of penalties (Tazir); inpractice most rape cases are tried at this level. Under Tazir, a rapist may be sentencedto up to 25 years in prison and 30 lashes. No Hadd punishment has beenapplied in the 20 years the Hudood ordinances have been in force. For Tazir punishments,there is no distinction between Muslim and non-Muslim offenders.According to an HRCP lawyer, the Musharraf Government has brought fewercharges against women under the Hudood Ordinance than in the past, and thecourts have shown greater leniency toward women in their sentences and in thegranting of bail. However, even in cases where a woman wishes to bring rapecharges, she may have trouble bringing her attacker to justice. According to AmnestyInternational, men accused of rape sometimes are acquitted and released,while their victims are held on adultery charges.According to Human Rights Watch, women face difficulty at every level of the judicialsystem in bringing rape cases. Police are reluctant to take the complaint andsometimes are abusive toward the victim; the courts do not have consistent standardsof proof as to what constitutes rape and to what corroboration is required; andjudges, police, and prosecutors are biased against female rape victims, tending towardsa presumption of female consent and the belief that women lie about suchthings. Judges on the whole reportedly are reluctant to convict; however, if thereis some evidence, judges have been known to convict the accused of the lesser offenseof adultery or fornication (consensual sex). Human Rights Watch also reportedthat women face problems in the collection of evidence; that the doctors tasked toexamine rape victims often believe that the victims are lying; that they are trainedinsufficiently and have inadequate facilities for the collection of forensic evidencepertaining to rape; that they do not testify very effectively in court; and that theytend to focus on the virginity status of the victim, and, due either to an inadequateunderstanding of the need for prompt medical evaluations or to inadequate resources,often delay the medical examinations for many days or even weeks, makingany evidence that they collect of dubious utility. Medical examiners and police personnelsometimes are physically or verbally abusive during these exams, especiallyin cases where a woman is charged with adultery or fornication (for which an exammay be requested) and does not wish to be examined (such women, despite the factthat by law they should not be examined without their consent, have been examined,and even have been beaten for their refusal to be examined). Police and doctorsoften do not know that a woman must consent to this type of exam before itcan be performed, and judges may not inform women of their right to decline. Ifthey report rape to the police, women’s cases often are delayed or mishandled, andwomen frequently are harassed by police or the alleged perpetrators to drop thecase. Police sometimes accept bribes to get the complainant to drop a case, andsometimes request bribes to carry it forward. Police tend to investigate the casespoorly, and may not inform women of the need for a medical exam or may stall orblock women’s attempts to obtain one. The Parliamentary Commission of Inquiry forWomen criticized Hudood Ordinances relating to extramarital sex and recommendedthat they be repealed asserting that they are based on an erroneous interpretationVerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00156 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1
2313of Shari’a (see Section 1.c.). The Commission charged that the laws on adultery andrape have been subject to widespread misuse, with 95 percent of the women accusedof adultery being found innocent either in the court of first instance or on appeal.However, the Commission pointed out that, by that time, the woman may havespent months in jail, suffered sexual abuse at the hands of the police, and seen herreputation destroyed. The Commission found that the main victims of the HudoodOrdinances are poor women who are unable to defend themselves against slanderouscharges. These ordinances also have been used by husbands and other malefamily members to punish their wives and female relatives for reasons having nothingto do with sexual propriety, according to the Commission. At year’s end, 511women were awaiting trial for adultery under the Hudood Ordinance in Lahore; 400in Peshawar; and 300 in Mardan (see Section 1.e.).Marital rape is not a crime. The 1979 Hudood Ordinances abolished punishmentfor raping one’s wife. However, the Commission of Inquiry for women has recommendedreinstating penalties for marital rape. Marriage registration (nikah)sometimes occurs years before a marriage is consummated (rukh sati). The nikah(unconsummated) marriage is regarded as a formal marital relationship, and thusa woman or girl cannot be raped by a man to whom her marriage is registered, evenif the marriage has not yet been entered into formally.There are numerous reports of women killed or mutilated by male relatives whosuspect them of adultery. Few such cases are investigated seriously and those whoare arrested often are acquitted on the grounds that they were ‘‘provoked,’’ or fora lack of witnesses. While the tradition of killing those suspected of illicit sexualrelations in so-called ‘‘honor killings’’, in order to restore tribal or family honor, appliesequally to offending men and women, women are far more likely to be killedthan men. The Progressive Women’s Organization, a human rights NGO, estimatedthat as many as 300 women are killed each year by their husbands or family, mostlyas a result of ‘‘honor killings,’’ known as ‘‘karo/kari’’ in Sindh. The problem is believedto be even more extensive in rural Sindh. ‘‘Karo/kari’’ (or adulterer/adulteress) killings are common in rural Sindh and Baluchistan. The HRCP reportedan average of 30 killings per month for the first half of the year. Tribal customamong the Baluch and the Pathans also sanctions such killings. The Commissionof Inquiry for Women has rejected the concept of ‘‘honor’’ as a mitigating circumstancein a murder case and recommended that such killings be treated as simplemurder. Women who are the victims of rape may become the victims of theirfamilies’ vengeance against the victims’ ‘‘defilement.’’ On June 1, Nazir Ahmadkilled his wife, Yasmin, and a family friend, Nasir Farooq, on suspicion that the twowere conducting an extramarital relationship. On December 12, Khalida was killedby her uncle and other relatives who accused her of having illicit relations withMomin Gorchani. Khalida’s relatives also injured Momin’s father and another oneof his relatives. Police arrested one person in connection with the murder. AI alsoreported that if an accused adulteress is killed, and the adulterer manages to escapethis fate, he may be required under the karo/kari tradition to compensate the familyof the accused adulteress; sometimes, a woman from the adulterer’s family is givencompensation to repair the honor of the adulteress’ family.Trafficking in women also is a significant problem (see Section 6.f.).There are significant barriers to the advancement of women beginning at birth.In general female children are less valued and cared for than are male children. Accordingto a UN study, girls receive less nourishment, health care, and educationthan do boys. In February Dr. Sher Shah Syed, of the Pakistan National Forum onWomen’s Health in Karachi, reported that the maternal mortality rate is 600 per100,000 pregnancies; this figure contradicts the Government’s figure of 300 per100,000 pregnancies. At Karachi’s civil hospital, the maternal mortality rate was2,257 per 100,000 in 1999. According to a 1996 report by the Islamabad-basedhuman development center, only 16 women are economically active for every 100men.Discrimination against women is particularly acute in rural areas. In some areasof rural Sindh and Baluchistan, female literacy rates are 2 percent or less. A surveyof rural females by the National Institute of Psychology found that 42 percent ofparents cited ‘‘no financial benefit’’ as the reason they kept their daughters from attendingschool, and sent their sons instead. Similarly a study by the NWFP directorateof primary education concluded that most girls in rural areas do not go toschool because they have to look after the household while their mothers help inthe fields. In Karachi only 28 percent of girls completing matriculation (10th grade)exams in science during the year would be able to find places in government-runcolleges, as opposed to 83 percent of boys passing the same tests. In Baluchistanconditions are much worse, with only 2 percent of the province’s women having receivedany formal education. Education activists have noted that many parentsVerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00157 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1
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- Page 107 and 108: 2263illustration of the consequence
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- Page 117 and 118: 2273pali Congress Party flags. A bo
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- Page 121 and 122: 2277of the monarch who allegedly ki
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