Pakistan International Peace & Human Rights Organization
Nindo Shaher District Badin Sindh Pakistan




SEXUAL VIOLANCE & SEXUAL ABUSE
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SPECIFIC CONCLUSION

The above discussion introduced one type of sexual violence and abuse to which adolescents are vulnerable, that of the commercial sex industry. Even more difficult for Pakistani society to tackle effectively are the violence and abuse endured by the young within their own homes or communities � where the criminals are not pimps but ordinary members of society and often well-known to their victims. Despite the �walls of silence� surrounding these crimes and the difficulty in exposing and prosecuting the perpetrators, nongovernmental organizations have made steady progress in documenting and publicizing the extent of the problem and the press has begun to report incidents more frequently.

  • Sexual Abuse

    The child sexual abuse is rooted in mainstream culture and strengthened by the power imbalance encouraged between children and adults. The problem is reinforced by society�s refusal to acknowledge a child�s rights over his or her body and the right to live free from violence. Children lack a voice in our society, and thus are unable themselves to break the silence surrounding child sexual abuse.

    Figures reflecting the number of reported cases of child sexual abuse in a Sahil survey of Pakistani newspapers are noted in Table 9. These data are limited by the reality that police and subsequent newspaper reporting of cases is rare and represents only a fraction of all cases. Details of the cases may be sensationalized or inaccurate (Khan 1994) and boys may be even more reluctant than girls in some social settings to report sexual abuse. A study among 151 adolescents ages 11-19 in a low-income community in Karachi suggests that while the majority felt that touching someone without their consent was wrong, a significant proportion nevertheless felt that the victim was at fault. (Aahung 1999) The study suggests that this attitude contributes to the underreporting of incidences of abuse.

    The figures indicate a widespread problem of sexual abuse. In 1997, for example, one child every day was reported either gang raped, raped, murdered after a sexual act, or abducted for purposes of sexual fulfillment. (Sahil n.d.) Females are more vulnerable than males on every count of abuse. Most disturbing is that rape and sodomy are most often reported as the type of abuse for both boys and girls. This may reflect the fact that these crimes are most likely to attract police and press attention. Seventy-three percent of the abusers identified in connection with the cases in Table 9 were acquaintances of the victim. The second largest category of abusers was of strangers (19 percent), followed by relatives, teachers, police, and maulvis.

    The most vulnerable age group for female victims was between ages 10-18, with 77 percent of the victims distributed evenly between the age groups 10-15 and 15-18. Adolescent girls were particularly vulnerable to rape, gang rape, and abduction. Boys between ages 15-18 years were most often targets of sexual abuse (58 percent), followed by boys ages 5-10 (32 percent). These two age groups included most of the reported crimes of sodomy and gang rape. The age distribution of victims in these reported crimes indicates that child sexual abuse increases as girls enter adolescence, while boys may become victims at an even earlier age.

    War Against Rape, a small organization with offices in Lahore and Karachi, conducted a similar exercise based on newspaper reports of sexual abuse cases of girls in the Punjab between 1991-1993. These findings confirm that adolescent girls are particularly vulnerable to sexual abuse. Out of 149 press cases analyzed, 85 percent were of girls between ages 10-20. Rape and gang rape were again the most commonly reported types of sexual abuse. Most of the girls came from lower or lower-middle income groups, which may simply indicate that girls from higher socioeconomic groups either do not report cases as often or else manage to avoid press coverage of cases. Since the total number of child sexual abuse cases registered with the Punjab police in this time period was 4,200, an analysis of these cases would probably reveal with more accuracy the class distribution of victims.

    The Punjab study provides valuable insight into how sexual abuse occurs. For example, in half of the cases where the time frame of abuse could be determined, cases were evenly distributed in the ranges of 24 hours, and extended over periods of 2 to 29 days and from one month to one year. There were even six cases of reported abuse lasting over one year. In 89 percent of the cases, abduction/attempted abduction, and physical abuse also accompanied sexual abuse. The abuser was most often identified as an acquaintance; only 33 abusers (22 percent) were confirmed as arrested.

    Findings from a small Karachi survey of medical-legal incidents recorded at the Police Surgeon General�s Office (January-August, 1998) confirm again that adolescents are at high risk for rape and sexual assault. Out of 95 cases of reported rape, gang rape, sodomy, sexual abuse, rape and abduction, and incest, the victims were ages 12-18 in 43 cases, and 19-40 in 41 cases. (WAR 1998)

    We already know that adolescent female mobility is particularly restricted as compared to the mobility of older women, and that research (Khan 1998) has shown that fears of sexual violation underpin these restrictions. The figures on sexual abuse and rape suggest that these fears are not baseless, but that the perception of the outside world as a violent place, for young girls in particular, is correct to some extent. Nonetheless, the unhealthy and morbid fear of assault that pervades social norms limiting girls� movement (Khan 1998) is still likely to be exaggerated and manipulated. For example, scant attention is paid to acknowledging the problem of incest, which takes places within the home (discussed below). Further, sexual assault and abuse also affects boys; however, their mobility is not restricted as a result and they do not have a sense of constant threat pervading their perception of the outside world. It seems likely that the threat of sexual assault serves most to restrict the movement of girls rather than boys, and in so doing is used to limit their growth and participation in society.

  • Incest

    Incest, defined as a form of child sexual abuse where the abuser is a close relative of the child by blood or by law, is arguably the most taboo of the many forms of sexual exploitation of the young. Out of the cases Sahil monitored in 1997, 6 percent involve incest; and this does not reflect the true extent of the practice since most such cases are unlikely to be reported. In the WAR study cited above, 5 percent of the 149 cases analyzed involve incest committed by step-fathers and uncles, but the author warns that incest rarely makes it to the press although the problem is more common than is widely believed.

    Another Islamabad-based project to tackle child sexual abuse, Aangan, analyzed a randomly selected pool of 100 confidential letters it had received from victims/survivors of child sexual abuse. Forty-seven of them were incest cases. (Aangan 1998) (Table 10) This figure is dramatically higher than the number of incest cases monitored in press reports, possibly because the writers are selfselected and anonymous and know that their information will be shared in a safe environment.

    Aangan found that all of the abusers identified in the study had been victims of child sexual abuse themselves. Abuse may not only begin at a young average age (6�8 years) but it is also known to last for years, particularly because the abuser is usually a close relative. Findings suggest that girls are more likely to be victims than boys, and that abusers are more likely to be male than female. Boys are more likely to become victims in their early adolescence while girls may become victims early. The most common reported psychological effects suffered by the victims were negative self-esteem and problems in relationships, followed by sexual difficulties, fear of marriage, and others. Finally, incest is not confined to one social class, but has been reported across classes in Pakistan.

  • Pornography

    There is almost no research on child pornography and the exposure of children to pornographic material in Pakistan. However in the North West Frontier Province it was reported that the showing of pornographic movies to children was on the rise (NGO Coalition on Child Rights 1998) and the practice is linked to the sexual abuse of young boys in particular and subsequent exploitation of them for prostitution. (Sahil 1998) Further, children who are victims of sexual abuse are known to be blackmailed by their abusers who threaten that they will, or have, publicized photographs of the abusive acts. (Khan 1994; Fayyazuddin et al. 1998)

  • Protecting Adolescents from Sexual Abuse

    Since the problem of child sexual abuse, as well as the definition of a child as under age 18, has been slow to be accepted in Pakistan, little is being done at the national/policy level to protect young people.

    Sahil is currently the only nongovernmental organization devoted solely to the task of raising awareness about child sexual abuse and handling crisis cases. Based in Islamabad, Sahil activities include: conducting small research studies, organizing seminars, and publishing educational information about child sexual abuse. In addition, Sahil offers immediate medical and psychological aid to victims, free legal aid through a team of volunteer lawyers, and referral services to those who need long-term care. (Saifullah 1998)

    Another on-going project tackling child sexual abuse in Islamabad is called Aangan; formerly a project with the community-based organization Bedari and now a part of a new organization called Rozan. Aangan�s activities also include raising awareness using both the media and seminars, and counseling victims and survivors. Its program of self-growth workshops, with children in communities throughout the capital area, has helped to bring the issue to the notice of teachers and students in the school system.

    Like Aangan, which grew out of an organization devoted to the empowerment of women, War Against Rape (WAR) works with victims of child sexual abuse as an outgrowth of its experience with violence against women. WAR handles individual cases of sexual abuse and provides legal help to survivors in Lahore and Karachi. Research and raising awareness are also WAR activities, and the organization works in close collaboration with legal aid services and human rights organizations.

    Members of these small organizations, along with legal aid services (most notably LHRLA in Karachi and AGHS in Lahore), have a history of collaborating with the government in its efforts to address the range of human rights problems faced by women and children. So far no specific progress has been made at the policy level on sexual abuse of minors. There is a commitment to conduct a national survey to assess the scale of the problem and a national report (still in draft form) prepared by the National Commission on Child Welfare and Development on the trafficking of girls and women.

    One reason for this apparent inaction is the legal complexities that need to be unraveled in order to provide full protection to the under-eighteen age group. Although there are laws that clearly forbid prostitution, trafficking, seduction of minor girls under age 18, and sodomy, the laws are not consistent. For example, the Pakistan Penal Code (Section 366A) makes the seduction or forced intercourse with a girl under age 18 punishable by imprisonment, but does not mention boys. In Sindh, the law pertaining to seduction and trafficking defines a minor as under age 18, whereas in Punjab the girl child is defined as under age 16. (Saifullah 1998)

    The Hudood Ordinances 1979, which apply to rape and sex outside of marriage, cause the most damage of all. Under Hudood (Offence of Zina Ordinance, Clause 6), a woman or a man can commit rape with someone to whom he/she is not validly married if it is against the will or consent of the victim or if the victim is put in fear of death or believes him/herself to be married to the offender. Further, under the Zina Ordinance sex committed with a non-adult girl under age 16 is considered rape, but if the girl has attained puberty the accused is to be awarded a lighter sentence. Both boys and girls are considered adult if they are age 18 or 16 respectively, or have attained puberty. An adult can be charged with adultery and awarded maximum punishment of whipping and death. (Chohan 1996) Worst of all, if a victim alleges rape and cannot prove it, he or she becomes liable to be charged with illegal sex outside of marriage and receive maximum punishment. Hence, it was not out of any misinterpretation of the law that a boy of age 12 found himself in a Punjab jail, convicted under the Hudood Ordinances. (Saifullah 1998)

    The Hudood Ordinances enjoy specific ideological protection since they were the first laws enacted under Pakistan�s process of Islamizing its social and legal system, begun under military rule in the late 1970�s. Although it would take only a majority of votes in the National Assembly to repeal these laws, as recommended by the latest Report of the Inquiry Commission for Women 1997, governments avoid taking a stand on these discriminatory laws for fear of a back-lash from the religious right.

    Every time any gang-rape cases are condemned throughout the country. Some times the Superior Courts have taken sou moto notice of such cases. Demands are being made from every quarter that Hadd punishment of Rajam (death by stoning) be inflicted on the criminals involved. Such cases freqently occur in our society, dominated by feudals, some of which have been reported in the national press. Even in these cases, none of the culprits were awarded Hadd punishment of Rajam. A few years back similar cases such as Nawabpura, Baghbanpura and Mandi Bahauddin among others jolted the whole nation. All the criminals involved deserved Hadd punishment of Rajam. But they belonged to the feudal class and in spite of public demand nobody dared to touch them. In such cases the feudals or influentials or Police at some times try to arrange reconciliation between the parties. The aggrieved party, like other such parties belongs to the lower section of the society and it would not be possible for them to resist the pressure of feudals, Waderas or Police. If in such cases, the feudals or Waderas or police are able to hush up the crime, it will encourage others to repeat such crimes in the future. Their courage can be judged from the fact, that after one an other the same crime is being repeated at an other corner of the country. To eliminate such crime, it is necessary to cut off its very root i.e. feudalism or Waderaism. The Holy Prophet (PBUH) had condemned it as a major interest-bearing transaction and eliminated it from the Arab society once and for all. Allama Iqbal considered it as the mother of all evils and the Quaid-i-Azim even before the establishment of Pakistan, had committed himself to eliminating this evil from the country. But in spite of our drum-beating love of our founder fathers, none of the governments which came into power in the country, cared to implement their agenda. Hadd punishment of Rajam for adultery was enforced in the country with great fanfare. But its mis-application had negative effects not only on our society but also on the whole Ummah. None of the feudals who had committed this crime, was ever punished. Instead it was inflicted on some unfortunate women without following the procedure prescribed in the Islamic law. It provided a chance to the enemies to malign Islam and the Muslims who enforced these punishments were dubbed as barbarians. Unfortunately the Hudood Ordinance was compiled by some semi-educated Ulema. There is no mention of Rajam punishment in the Holy Quran, a pre-condition for Hadd punishment. That is why the enlightened scholars refused to accept it as Hadd punishment. However, the majority of the jurists argue that no doubt it was not a Hadd punishment but the Ahadith of the Holy Prophet (PBUH) established Tazeez (secondary punishment). It could be inflicted on those hardened criminals who became a security risk for the country. The criminals of gangrape fall under this category. But as most of the criminals belonged to the feudal class, Tazeez was never inflicted on any one of them. The mis-application of the Hudood Ordinance had created many acquired situations for the government compelling it to review it. But the Ulema have opposed this decision of the government as they treat this Ordinance as a sacred document. They know the facts that the feudals had been instrumental in the mis-application of this Ordinance. Their manoeuvring to save the culprits of the gang-rape case of Meerwala, are also being reported in the national press. Such activities, according to Islamic law, are also a crime. But unfortunately none of them, have dared to condemn them. The reason being that they had already compiled books in support of feudalism. That is why when the Zakat & Ushr Ordinance was promulgated strengthening the roots of feudalism, it was welcomed by them as a mile-stone for the enforcement of the Islamic system in the country. Keeping in view the fate of similar cases in the past it is being rightly feared that the feudals might be able to save the culprits of the present case. But this time the superior courts of the country have taken sou moto notice of this case and it would be impossible for the feudals to hush up the case. It is being expected that Hadd punishment of Rajam might be inflicted on them. If even in this case the criminals are not severely punished, then it would be a great tragedy for the nation.



  • PAKISTAN INTERNATIONAL PEACE & HUMAN RIGHTS ORGANIZATION
    P.O NINDO SHAHER DISTRICT BADIN SINDH PAKISTAN
    POSTAL CODE NO:72250
    PHONE NO:092-227-720227
    Email: [email protected]
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