Onus on victims in Pakistan

June 23, 2005

Islamabad - A Pakistani policeman charged with raping a teenaged girl in a police station has been charged under a controversial religious law that carries the death penalty - but which could also enable him to walk free.

Sub-inspector Qaiser Shah was booked under Sections 10 and 11 of the Hud Zina Ordinance, which puts the onus on the victim to prove she was raped.

Under this law, the victim has to produce four male Muslims who were witness to the rape. If she fails to prove the allegation, she can be ostracised and even charged with adultery.

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Late military dictator Zia-ul Haq had enacted the law in 1979. Successive governments - even the one headed by Benazir Bhutto - have paid lip service to repealing the ordinance but have not done so.

Shah is alleged to have raped 15-year old Saira at the Shahzad town police station here on the night of May 17-18.

A judicial probe into the incident held Shah guilty.

The police then conducted their own probe, which tallied with the earlier inquiry, The News Wednesday quoted Superintendent of Police (Investigation Wing) Ehsaan Sadiq as saying.

"After it was established during investigations conducted by the police department that the accused cop, in addition to taking a bribe from the victim, had also raped her in the police station, a new section was added in the first information report. Now, the accused has also been booked under Sections 10 and 11 of the Hud Zina Ordinance," The News said.

Police picked up Saira and her friend Saima, 32, around 8.30 p.m. May 17 while they were travelling in a car to a bus terminal. Two men who were in the car were also detained. Saima was also molested while the two men bribed police with Rs.29,000 before all four were released.

After the story broke, Shah was arrested while three officers of the Shahzad Town police station - a deputy superintendent of police, an inspector, a sub-inspector and a constable - were suspended.

President Pervez Musharraf had taken note of the case and ordered stern action against the guilty.

"Considering the gravity of the allegations, immediate action has been taken to ascertain the facts. In the light of the report of the inquiry committee, further legal and administrative action would be initiated against the culprits," an official statement issued at the time said.

But, as The News said Wednesday, the findings of the judicial enquiry "are lying with the interior ministry and top police officers without any serious attempt on the part of the government to implement the recommendations".


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