Q.18 Case Studies. (PR) Finito
Q.18 Case Studies. (PR) Finito
a. Mukhtaran Mai
b. Mallala Yousaf Zai
c. Shermin Ubaid Chinoy
MUKHTARAN MAI.
INTRODUCTION:
In the summer of 2002, a woman living in a remote village in Pakistan made
history, namely MUKHTARAN BIBI. On June 22, 2002 Mukhatara Mai was gang-raped
by the order of tribal council (Jirga) as punishment for her 12 years old brother’s alleged
relationship with a woman from another clan. Instead of committing suicide or living in
shame, Mukhtara spoke out fighting for justice in the Pakistani courts which made the
world headlines as she says in her memoir, “In the Name of Honor: A Memoir” By
Mukhtar Mai, Marie-Therese Cuny. Unlike most instances of tribal justice in the
developing nation of Pakistan, this story received significant international news
coverage. Mai had filed the petition against the culprits and Jirga members’ brutal
decision.
This was the first time in the history of Pakistan that a woman had demanded
justice for the brutal practices of the jirgas. In addition to putting a tribunal justice system
on trial, Mai became the first woman in Pakistan to have her rapists sentenced to death.
Six men were convicted and then sentenced to death for their involvement in the gang
rape. Mukhtara is a human right activists and founder of Mukhtaran Mai women welfare
association which works to support and educate Pakistani women and to fight for their
rights.
BACKGROUND & SCENARIO:
Mai was born in 1972 in the village of Meerwala, in the rural tehsil (county) of Jatoi of
the Muzaffargarh District of Pakistan where there is a caste system and each caste has
its own customs and traditions. She was born into the Gujar caste. She spoke only
Saraiki, a minority dialect of Punjabi Language. These societies are surrounded by
socio-cultural taboos having their own unjustified customs. Mai was married at the age
of 18, but she divorced within a year as she did not like her husband. She was illiterate
at that time, but to help repay her family for the cost of her upkeep, she used to teach
her village children portions of the Quran that she knew by heart.
After the incident faced by her and multiple court trials Mai has become a
renowned Women’s rights activist. She is known all around the world and is also the
founder of Mukhtaran Mai women welfare association, which works to support and
educate Pakistani women and to fight for their rights.
Muhktaran’s struggle for justice was plagued with various impediments but some
elements aided her in her fight for justice explained as follows:
Maulvi Abdul Razzaq; An Imam gave a sermon to his congregation about the
gang rape. He condemned Mai’s rapists, and said that, what had happened to Mukhtar
her was a sin, a disgrace for the entire community. He encouraged the villagers to
speak to the police. Mai’s account of the events following her gang rape also pinpointed
a local Pakistani freelance reporter who was in the congregation during Razzaq’s
sermon. The reporter heard about what happened and wrote about it in the newspaper.
The Mastoi’s suggested that they would be willing to ‘forgive’ Mukhtaran’s family
if she came and apologized on behalf of her brother. However, when she arrived at the
house of one of the Mastoi men, she was dragged inside, gang raped by four men, and
then paraded naked in the village.
Antiterrorism Tribunal:
An antiterrorism tribunal, a special court in Dera Ghazi Khan, heard the case at a
distance of three hours from the village of Meerwala. The weapons found in the Mastoi’s
farmhouse justified the claims of the antiterrorism tribunal. The antiterrorism tribunal
ensured that Mai would not need to provide four eyewitnesses to her rape, as required
by Sharia law.
On August 31, 2002, the court delivered its verdict. Six men were sentenced to
death and fined 50,000 rupees in damages and costs. Four suspects were convicted of
raping Mukhtar Mai and two men were convicted of instigating the rape as members of
the jirga. Eight others were set free.
Another Petition By Mukhtaran Mai:
Mai filed an appeal in the Supreme Court of Pakistan that the eight free Mastoi
men should also be placed behind bars. The Supreme Court of Pakistan questioned
Mai’s ability to identify her rapists and the reason for the delay in reporting the incident
to the police. The court also stated that there was a lack in evidence in lieu of the
involvement of all 14 men.
The Final Ruling:
The world once again revisited this case in April 2011, nearly nine years after a
judge charged and convicted 14 men for their role in the rape. In an appeal, the Lahore
High Court upheld the eight acquittals from 2005 and overturned five of the six
convictions citing lack of evidence. The death penalty for the sixth man, Abdul Khaliq,
was changed to life in prison. He is now the only one of the original 14 men still behind
bars. Mai told BBC News, “The judgment means nothing has changed in Pakistan”.
FAILURES:
The grave delays in Mukhtaran’s case could have led to further injustice on her part. An
analysis of these failures is as follows:
The Eight Day Delay in Reporting the Incident:
The court found that the testimony of the plaintiff lacked corroboration and
observed deliberate delay by Mukhtaran Mai in reporting the case and in registration of
an FIR. Justice Nasir-ul-Mulk placed Mai’s eight day delay in reporting the rape in
hearing of the case. It is also a harsh reality that crimes are not reported promptly. The
delay in reporting affects the truthfulness of allegations prescribed in the initial report.
The court also stated that the eight day delay in reporting the rape was not
sufficiently explained. It also stated that the court did not understand Mukhtaraan’s
hesitation in reporting.
There is no doubt that the eight days delay in reporting the incident had created
the challenging difficulties for medical investigation of Mai. The DNA samples were
extremely difficult to obtain. There was no medical evidence of gang rape because there
was no DNA or semen group-analysis performed, even though health officials claimed
nine swabs were stained with semen. The doctor who performed the examination on
Mai concluded in her initial report that Mai had been raped before the results of the
swab tests returned.
Mai’s clothes were never tested for DNA. The police did receive the clothes a day
or two later, but did not have them tested. The officer had no explanation for not having
the clothes tested whilst DNA testing was available in Pakistan at the time.
Unfortunately no DNA tests or semen analyses were carried out to find a direct link
between the defendants and the semen found on Mai’s swabs.
CRITICSM:
The incident of Mukhtara Mai recieved enormous coverage from national and
international media as a gang rape victim but on the other hand many renowned people
stated that Mai enacted the rape drama to make millions and to defame Pakistan. Many
people still think that Mai has sold out her honor for dollars and has got benefits from
USA and western countries and now Mukhtar Bibi is a millionaire. Other people have a
different opinion that If justice has not been done with Mai then it was due to the faults
of Advocate Aitzaz Ahsan, Asma Jehangir, Farzana Bari, and various other so called
westernized NGO ladies who did not plead her case professionally and are now
maligning the courts just to get more funds from the west for creating anarchy in society.
People have also raised a concern for Dr.Aafia in regarding Mai’s popularity and
expressed their views that the champions of women rights did not raise their voice for
Dr. Aafia Siddiqi. The local MNA Jamshed Dasti, also known as champion of the poor in
his region rejected the authenticity of Mai’s case denying that she was gang raped.
CONCLUSION:
If the details of the international media coverage of the Mukhtar Mai case are
examined, it is clear that the majority of the media coverage was slanted. Granted, it
favored a woman who had the courage to make history by putting a tribunal justice
system on trial and the courage to speak about what she said was a horrific experience
and her fight to prosecute the men who raped her.
There are, nonetheless, two sides to this story. The world is familiar with one
story; the other is unknown to most of the international community that read an
international newspaper article on the case between July 2 and September 4, 2002.It
can also be said that the media set the agenda and the men did not stand a chance at a
fair trial because the government did not want to deal with the repercussions. A
balanced approach should be taken in such cases and a thorough investigation should
be made reviewing each and every aspect to provide free and fair justice to the victims.
MALALA YOUSUFZAI; A CASE STUDY
MALALA YOUSUFZAI
INTRODUCTION:
Malala Yousafzai is a young female activist. She is well known for activism
towards female education and also for women rights as she promulgates her views in
the book, We Are Displaced by Malala Yusufzai. She initiated a campaign to allow girls
to go to school in order to get education. She is basically from Mingora; a small town in
Swat District of Pakistan. Yousufzai survived a gunshot attack at the age of 15. October
2012. She is also known as the youngest person to have won the Nobel Peace Prize
PERSONAL PROFILE:
Malala was initially known as a young girl motivating the society to allow girls to
go to school. She belongs to Mingora; a town of Swat Valley. Despite of her youth,
Yousufzai was an outspoken education and human right activist. Her father namely
Ziauddin Yousufzai was a school owner and also a member of Swat Peace tribal council
(Jirga). Malala was motivated by her father as Ziauddin was also an education activist.
In 2008 Ziauddin had taken his daughter to Peshawar to speak at a local press club
about girl’s right to basic education. The event was covered by television and
newspapers of the region. Later Malala started blogging for BBC Urdu about living
under a cruel and hegemonic rule. Malala was also featured in a documentary “Class
Dismissed: The Death of Female Education” by New York Times. She was nominated
for International Children’s Peace prize in 2011. The same year Yousufzai was awarded
Pakistan’s First National youth peace Prize by the Prime Minister of Pakistan. The
development and progress in Malala’s profile also increased when she started receiving
death threats.
In early 2008 a young girl namely Malala Yousufzai belonging to Swat Valley of
Pakistan, came with the ideology that girls should be given the chance to receive
education. She attended the school founded by her father Ziauddin Yousufzai; an anti-
Taliban and a social activist. Malala was an excellent student. Her views about female
education were completely against the dominant patriarchal rule of the society to which
she belonged. In 2007 the valley of Swat was invaded by the Taliban groups in
Pakistan. The Taliban groups began imposing their own restricted laws especially for
females. These groups started destroying schools especially girls’ schools. The girls
were therefore banned from any active role in society. In the month of September, 2008
Malala delivered a speech titled as “How dare the Taliban take away my basic right to
education?” The speech was publicized throughout the entire region. The Taliban’s
militant groups announced the closing of girl’s school from January, 2009 at any cost
The same year Yousufzai started writing regular entries for British Broadcasting
Corporation (BBC) under the hidden name of Gul Makai. She wrote almost 35 entries in
three months with the subject exploring the living conditions under the rule of Taliban.
Her entries were also translated in English and publicized at international level.
Meanwhile all the girl’s schools were shut down by the TTP.
In February 2009, Malala made her first appearance on television in a talk show
called “Capital Talk”. In early 2009 Adam Ellick; New York Times reporter, worked with
Malala to make a documentary with the title “Class Dismissed, a thirteen minute piece
about the school shutdown”. Another film with Malala’s coordination with Ellick was
made which was titled” A Schoolgirl’s Odyssey”. Later both the films were posted on
New York Times website in 2009.
In 2009 Yousufzai met with Richard Holbrooke (U.S special envoy to Pakistan
and Afghanistan) and asked for help to protect the education of girls in Pakistan with her
efforts. The continuous appearances of Yousufzai and her media coverage at regional
and international level made it apparent that she was the BBC’s youngest Blogger. She
began to receive widespread recognition for her activism. Once her identity was known,
she was recognized at regional and international platforms and in October 2011 she
was nominated for International Children Peace Prize. Later in December, 2011 she
received Pakistan’s first National Youth Peace Prize; awarded by the Prime Minister of
Pakistan. With her fame, recognition at different platforms and her views about female
education, The Taliban started issuing death threats against her.
The ninth day of October, 2012 was a black day in Malala’s life. Yousufzai was
returning home from school when her bus was stopped by the TTP militants. The
militants demanded identification of Malala from schoolchildren on the bus by loud
shouting “Who is Malala?” Yousufzai was identified and shot in the head. The bullet had
traversed her brain and lodged in her spine. Malala survived the shooting but was
critically injured. The militants also hurt two other girls during shooting. Fortunately both
of them survived in this crucial incident.
The attack on Malala resulted in serious outrage from the public; rallies and
multiple sessions of prayers were held for her quick recovery. The gunshot attempt was
seriously condemned on social, print and electronic media as well. The religious
scholars condemned the attack and released a Fatwa against the cowardly attack on
school children. It is further stated that the attack was unjust and against the Islamic
principles. The attack was seriously condemned by the people of every caste and
religion by deeming targeted shooting a brutal and inhuman act.
International Outrage:
The incident drew an enormous impact around the world. The attack was
strongly condemned by US President Obama by calling it reprehensible, disgusting and
tragic”. Yousufzai’s cause was taken up around the world including United Nations
(UN). The UN secretary General Ban Ki Moon also condemned the incident. Yousufzai
was supported by UN special envoy for global education, Gordon Brown, who
introduced a petition for all children around the world to be admitted back in school by
2015. The same petition led to the ratification of Pakistan’s First Right to education bill.
Later in 2012 the president of Pakistan Asif Ali Zardari announced the launch of $10
million education fund in honor of Malala Yousufzai. At the same time the Malala fund
was established by the Vital Voices Global partnership to support female education
around the world.
Yousufzai was shot in the head in the month of October 2012 while she was
returning from school. The responsibility of the attack on her life had been taken by
TTP. Malala survived the attack and was shifted to England from Peshawar for the
surgery. The incident drew significant impact and was vehemently condemned around
the world. Her cause was supported on a global scale including UN and a petition was
introduced by Gordon Brown; UN special envoy for global education. The petition called
for the children around the world to be back in school by 2015.The petition further led to
the amendment in Pakistan’s first right to Education bill and also launched the Malala
Fund in honor of Malala Yousufzai.
I AM MALALA:
Gordon Brown, the UN Special Envoy for global Education launched a petition in
Yousufzai’s name to call on Pakistan to ensure the chance for every girl to go to school
by using the slogan “I am Malala”. He called on the international community to ensure
that all children have access to education by the end of 2015. The day July 12, 2013
was dubbed “Malala Day” and over 500 youth from 75 nations gathered at the UN
headquarters calling for every child worldwide to have the right and access to an
education as Yousafzai spoke to UN leaders to call for worldwide education.
In October 2013, Yousufzai published a book with the title “I AM MALALA; the
Girl who stood Up for Education and Was Shot by the Taliban”. The same year she was
awarded the prestigious Sakharov Prize for freedom of thought by European
Parliament. Many of the people believed that Yousufzai might be a recipient of the
Nobel Peace Prize.
Malala was increasingly recognized worldwide for her cause and her remarkable
efforts for education especially for girls. In June 2014, she became the youngest person
to win the Liberty Medal, awarded by the National Constitution center in Philadelphia.
On October 10, 2014 Malala was awarded the Nobel Peace prize. Yousufzai became
the youngest recipient of this award in history.
MALALA FUND; A Significant Contribution for the Cause of Girls
Education:
The brutal assassination attempt made against Pakistani young activist for girls’
education Malala Yousafzai gave birth to the UNESCO Malala Fund for Girls’ Right to
Education. The fund was established in 2012 to expand girls’ access to quality and
gender-responsive education and ensure safe learning environments, especially in
countries affected by conflict and disaster. The Islamic Republic of Pakistan initially
committed 10 million USD to the Fund, and since 2014 the CJ Group is another major
contributor to the Fund, along with other supporters.
Since 2014, this fund under supervision of UNESCO supports Pakistan’s efforts
to increase access and improve the quality of primary education for 40,000 girls.
UNESCO is enhancing the quality and relevance of education for girls (through this
fund) in many countries around the world including Pakistan, Nepal, Cambodia,
Vietnam, Nigeria and many more. Thousands of girls have been provided with
educational facilities. Yousufzai used to travel in different areas. She met girls from
different social setups and listened to their problems. In this way she directly came to
know about the barriers delimiting girls’ access to education and many other issues like
violence, poverty and many more. She raised her voice for various issues and
highlighted them so they could be addressed as soon as possible.
CRITICISM on MALALA:
In media interviews over the last few years, Pakistanis of various stripes
(students, traders, shop owners, journalists, housewives, and even human rights
activists) have registered their disapproval of Malala. Such disapproval took on an
organized form with the passage of time. In November 2014, just a month after
Yousufzai was awarded the Nobel Peace Prize, the All Pakistan Private Schools
Federation — which claimed to represent 150,000 schools — announced an “I Am Not
Malala” day and called for her memoir, I Am Malala, to be banned. In May, a Pakistani
parliamentarian from Swat, Malala’s home region, said the attack was preplanned and
staged by a variety of players. Malala’s best-selling book hasn’t exactly flown off the
shelves across Pakistan yet.
All this international media attention has disappointed some Pakistanis. They are
antagonized by Malala Yousafzai’s fame since she is living a life of luxury and is always
in the spotlight whereas the alarming issues of Pakistan remain overshadowed. The
economic, social and infrastructural problems of Pakistan and other innocent children
who experienced something worse circumstances such as injuries caused a drone
attack are criminally ignored. The blood-curdling attack on the Army Public School could
not garner the same attention as the phenomena i.e. Malala Yusufzai. The critics opine
that the money that goes to Malala’s foundation should be given to people in Pakistan
who need basic health care.
CONCLUSION:
The world had witnessed that Malala’s popularity has increased dramatically after the
attack; schoolchildren started praying for her while she was at the hospital, a march with
candles and updates about her medical treatment on front pages of newspapers could
not be counteracted by the Taliban. Her message was certainly not silenced as noted by
Dinah Brown in her publication, “Who is Malala Yousafzai?” She has influenced a large
chunk of the public on the national and international scene which is apparent in the
numerous talk shows, discussions articles and books exploring her struggle and impact.
On the other hand many people still think that the incident was a pre-planned attack that
is globally addressed. The current scenario refers towards remarkable achievements
and contribution of a young female activist who struggled hard for girl’s education
known as MALALA.
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SHARMEEN OBAID CHINOY; A CASE STUDY
INTRODUCTION:
Sharmeen Obaid-Chinoy is well-known for her work in films, highlighting the
inequality and violence against women, and is revered as an ardent supporter raising
the issues of subjugated Pakistani women, all around the globe. She is a Pakistani
journalist, filmmaker and activist. She is well known for her contributions in pointing out
different national and international problems. She is Muslim by religion and belongs to
Karachi, the metropolitan of Pakistan. Chinoy is famous worldwide for her contribution
and activism through Journalism and film making in order to spread awareness
throughout the world concerning multiple issues.
Professional Career:
Sharmeen began a long association with the PBS TV series Frontline World,
where she reported "On a Razor's Edge" in 2004 and went on over the next 5 years to
produce many broadcast reports, online videos and written "Dispatches" from Pakistan.
The Notable Films & Visual Contributions:
Sharmeen produced many other remarkable films after the success of her two
award winning films. Her most notable films include ‘Children for the Taliban’, ‘The Lost
Generation’, ‘Afghanistan Unveiled’ and the academy award winning ‘Saving Face’ and
‘A Girl in the River: The Price of forgiveness’.
Sharmeen visual contributions have earned her various awards, also includes
The Academy Award for Best Short Subject Documentary (2010 and 2016) and the
Emmy Award in the same 2010 and 2011. She was also awarded with One World
Media Award for Broadcast Journalist of the Year (2007). The films have been aired on
multiple renowned international channels, including the CNN, PBS, Al Jazeera English,
Channel-4 and Discovery Channel as well.
Worldwide Recognition:
Sharmeen has helped found the Citizens Archive of Pakistan, whose projects
focus on the preservation of Pakistan's cultural and social heritage. She also served as
the Ambassador for Blood Safety for Pakistan's national blood safety program. Time
magazine named Sharmeen in its annual list of the 100 most influential people in the
world for 2012.
Later in 17 February 2015, the film was also screened at the United Nations
Headquarters in New York City as part of discussion of women and peacekeeping. The
event was attended by a full house including UN Secretary General Ban Ki-moon. The
documentary won the Humanitarian Award at the River Run International Film Festival
on April, 2016 and also won an award at the Bentonville Film Festival in May 2016.
CONTRIBUTION:
Obaid-Chinoy helped many and found the Citizens Archive of Pakistan, a
nonprofit, volunteer organization that fosters and promotes community wide interest in
the culture and history of Pakistan. The Citizens Archive works with thousands of
children, teaching critical thinking skills and instilling a sense of pride about their history
and identity.
Sharmeen expressed her views that she's been pushing for a bill against honor
killings. One had already been put forward by the senate but collapsed in parliament
due to disagreement between the government and the opposition.
Her films include Children of the Taliban (with Dan Edge), The Lost Generation
(about Iraqi exiles) and Afghanistan Unveiled. Her work has taken her around the world,
where she has filmed and worked with refugees, women’s advocacy groups and human
rights defenders. By bringing their voices to the outside world, she has often helped
them bring about a critical change in their community.
By bringing the voices of the ordinary people faced with extraordinary challenges
to television screens around the world, she hopes to affect change in one community at
a time.
CRITICISM:
Sharmeen has contributed a lot for women issues and the world has recognized
her for her efforts. On the other hand she has faced stinging criticism, hatred, mocking
and trolling by her own people. She has been criticized for “doing dirty laundry in
public”. She has been blamed for exploiting Pakistan’s vulnerable aspect to achieve
fame. Rising above such vitriol Sharmeen fearlessly continues with her work.
Chinoy is also criticized for bringing shame to Pakistan. There are many citizens
and renowned people who expressed their views that Chinoy has shown the wrong
picture of Pakistan to the world. Many people have criticized Chinoy by saying that India
faces a plethora of critical issues regarding women’s safety and is ranked as number
one in rape. Belying the fact that India has a booming film industry, not even a single
film or documentary concerning these issues has been shown to the world by an Indian
film-maker.
CONCLUSION:
Sharmeen Obaid Chinoy exemplifies the women who try to change their
environment by the sheer force of will. They do not ponder on the dilapidated condition
of their surroundings but strive to act and make their voices in their own countries and
across the globe. Sharmeen truly deserves the spot, not just among women who
created an impact and changed the world for the better but also for being an inspiring
human being as noted by Rahat Imran in his publication, Activist Documentary Film in
Pakistan: The Emergence of a Cinema of Accountability. Her immense contribution
cannot be explained in any other words than her own profound statement:
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