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PAKISTAN: A Hindu girl was forced to convert to Islam and is now missing - the judge and police have sided with the perpetrators

June 30, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-115-2012



30 June 2012
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PAKISTAN: A Hindu girl was forced to convert to Islam and is now missing - the judge and police have sided with the perpetrators

ISSUES: Forced conversion to Islam, religious intolerance, violence against women, justice system
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a 14-year-old girl, from the Hindu religious minority community was abducted by gangsters and forcibly converted to Islam. When a police case was filed against the abductors the girl was produced before a Magistrate's Court by the gangsters to record a statement that she has embraced Islam as her religion. The irony of the judicial process is that the judicial magistrate has accepted her subsequent marriage as legal in spite of the Pakistan law which does not allow the marriage of girls before the age of 16 years. Her age was forged from 14 to 18 by the police and perpetrators before the judicial magistrate who had never asked for evidence about her age.

The father of the victim received information from the police that girl has been shifted to the tribal areas of the Pakistan, close to Afghanistan border for nefarious designs.

The police took five days to file the First Information Report (FIR) providing good time to the perpetrators to manage a forced marriage. The three young sisters, their mother and one brother of the victim were terminated from the employment from the same factory where their sister was employed because the parents of the victim had mentioned the registration number of the car of the factory in which their daughter was abducted.

CASE NARRATIVE:

Rekha alias Pubi (14) was working at a factory for the manufacturing of bottles for beverages at Gadap Karachi, Sindh province. She was abducted by a driver, Mr. Ahmed Nawaz son of Mohib Ali, and factory supervisor, Mr. Asghar Din son of Khadin Shah, in the official vehicle of the factory at 5.30 PM when she was going back to her home with her three sisters and mother. Her father, Mr. Soda, use to pick and drop their family members, three sisters and her mother, from the factory. On the day of the incident, after dropping his two sisters by his motor bike at their house he returned to the factory and was told that Rekha has been forcibly abducted by the driver and supervisor in the factory’s vehicle to unknown place.

The brother, father and mother immediately rushed to the Gadap city police station, Karachi, to file the case of abduction of Rekha. The police refused to entertain the complaint and told them not to worry as she will be returned and the police will take action the next day. When the father and brother insisted that police should follow them as they would not be far from the factory, the police asked for money for fuel for using police van which was not possible from the poor family as they were from the Hindu minority group, the Kohli-Dalit and they have migrated from a remote area of Sindh province, the Mirpur Khas, where they were facing the problems after the recent flood.

The police took five days to file the First Information Report (FIR). The perpetrators and the owner after knowing that on November 5, 2011, the family of the victim successfully filed the FIR they quickly approached a judicial magistrate of Malir city, Mr. Naweed Asghar and took some workers from the nearby Madressa, the Muslim seminary and asked the court to accept the court marriage as Miss Rekha has embraced Islam and has changed her name from Rekha to Aasia. The judge never asked the girl if they did so of her own free will and approved the marriage. Her age was mentioned during the process as 18 because the magistrate told them that Pakistan law does not allow marriage of minors. At this moment the mother and other family member reached the court after knowing that she has been produced before the court but the magistrate did not allow them to meet Rekha. The workers from the seminary have also used force to push the girl into the van which was waiting outside the court. The lawyer from the perpetrators, Mr. Naeem Khan threatened before the magistrate that if they created problems over the change of religion then their two sisters will also face the same situation. The judge just ignored the threats.

Since November 5, 2011 her whereabouts are unknown. On the other hand the owner of the factory has terminated the employment of her brother, mother and three other sisters, who are minors, for mentioning the registration number of the car of the factory, saying that the vicitm’s family is destroying the honour of the factory.

It is also informed by the father of the girl that they have been told by seminary people that the girl has been shifted to a tribal area of Pakistan close to Afghanistan border. He apprehends that like other Hindu girls she would have been sold for nefarious designs.

ADDITIONAL INFORMATION:

This a common factor in the Sindh province that girls from the religious minority groups particularly from Dalit community of the Hindu, are abducted, raped and then sold for prostitutions. The Muslim Madressas along the borders with India are busy in this business and Sindh government though claims that it is in favour of minority rights never acted to stop such activities of the Muslim fundamentalists groups in its appeasement policies.

Every month in the Sindh province it is reported that more than 200 girls are forced to marry after their abduction and when perpetrators are caught or police reports are filed they use the fictitious marriage certificates from Muslim seminaries and courts have to follow them. Even the Chief Justice of Supreme Court has not taken the consent from the three Hindu girls when they were presented before the court and ordered the registrar to take their statement who recorded their statements before the police and so called husbands. Then on Friday prayers the chief justice has congratulated a perpetrator, the so called husband of one Hindu girl for converting the girl to Islam, the photo of the incident was published next day in many newspapers.


SUGGESTED ACTION:
Please write the letters to the given authorities calling them to safe recovery of Rekha and arrest of the perpetrators including the Naveed Asghar, judicial magistrate of the Malir city courts. Please urge them to take actions against those Muslim seminaries who are instrumental in the forcibly conversion to Islam of the girls from the religious minority groups and helping the criminals in the name of Islam. Please also urge them to prosecute the station house officers of the Gadap police station Karachi for his negligence from the official duty and helping the perpetrators for kidnapping and rape of Rekha.

The AHRC writes a separate letter to the UN Special Rapporteur on freedom of religion or belief calling for his intervention into this matter.

To support this appeal, please click here: 

SAMPLE LETTER:

Dear ___________,

PAKISTAN: A Hindu girl was forced to convert to Islam and is now missing - the judge and police have sided with the perpetrators

Name of victim:
Rekha alias Pubi daughter of Soda, resident of Chota gate, Baqai medical university road, Gadap town, Karachi, Sindh province

Names of alleged perpetrators:
1.Mr. Asghar Uddin son of Khadim Shah, resident of Beverage bottle manufacturing factory, Chota gate, Baqai medical university road, Gadap town, Karachi, Sindh province
2.Mr. Mr. Ahmed Nawaz son of Mohib Ali,resident of Beverage bottle manufacturing factory, Chota gate, Baqai medical university road, Gadap town, Karachi, Sindh province
3. Station House Officer (SHO) Gadap police station, Gadap town, Karachi, Sindh province
4. Mr. Naveed Asghar, Judicial Magistrate, Malir courts, Malir, Karachi, Sindh province

Date of incident: October 30, 2011
Place of incident: Gadap Town, Karachi

I am writing to voice my deep concern regarding the abduction of Rekha alias Pubi (14). Rekha is from the Hindu minority group, the Kohli-Dalit. She was abducted by a driver, Mr. Ahmed Nawaz son of Mohib Ali, and factory supervisor, Mr. Asghar Din son of Khadim Shah, in the official vehicle of the factory at 5.30 PM when she was going back to her home with her three sisters and mother.

It is shocking that although her family went to the police immediately they took five days to file the First Information Report which gave the perpetrators sufficient time to approach a judicial magistrate of Malir city, Mr. Naweed Asghar. They attended the Magistrate's Court with some workers from the nearby Madressa, the Muslim seminary and asked the court to accept the court marriage as Miss Rekha has embraced Islam and has changed her name from Rekha to Aasia.

It is appalling that the judge never asked the girl if they did so of her own free will and approved the marriage. Her age was mentioned during the process as 18 because the magistrate told them that Pakistan law does not allow marriage of minors. At this moment the mother and other family member reached the court after knowing that she has been produced before the court but the magistrate did not allow them to meet Rekha. The workers from the seminary have also used force to push the girl into the van which was waiting outside the court. The lawyer from the perpetrators, Mr. Naeem Khan threatened before the magistrate that if they created problems over the change of religion then their two sisters will also face the same situation. The judge just ignored the threats.

Since November 5, 2011 her whereabouts are unknown. I am also aware that the owner of the factory has terminated the employment of her brother, mother and three other sisters, who are minors, for mentioning the registration number of the car of the factory, saying that the victim’s family is destroying the honour of the factory.

It is also informed by the father of the girl that they have been told by seminary people that the girl has been shifted to a tribal area of Pakistan close to Afghanistan border. He apprehends that like other Hindu girls she would have been sold for nefarious designs.

I request your urgent intervention to ensure the safe recovery of Rekha and arrest of the perpetrators including the Naveed Asghar, judicial magistrate of the Malir city courts. Please also take actions against the Muslim seminaries who are instrumental in the forcibly conversion to Islam of the girls from the religious minority groups. Action should also be taken against the station house officers of the Gadap police station Karachi for their negligence of their official duty and abetting the perpetrators in the kidnapping and rape of Rekha.


Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Asif Ali Zardari
President
President's Secretariat
Islamabad
PAKISTAN
Tel:+ 92-51-9204801-9214171
Fax: + 92-51-9207458
Email: publicmail@president.gov.pk

2. Mr. Raja Pervez Ashraf,
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.gov.pk

3. Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: sarfaraz_yousuf@yahoo.com

4. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk

5. Mr. Rehman Malik
Minister for Interior
R Block Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
E-mail: ministry.interior@gmail.com or interior.complaintcell@gmail.com

6. Dr. Ishrat-ul-Ebad Khan
Governor of Sindh province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 5043
Tel: +92 21 920 1201
E-mail: governor@governorsindh.gov.pk

7. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk

8. Mr. Justice Musheer Alam
The Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: registrar@sindhhighcourt.gov.pk

9. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack 92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043
E-mail: lukshmil@yahoo.com

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-115-2012
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.