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*FOR PUBLICATION
*AHRC-ART-041-2010
May 3, 2010

*An Article by the Asian Human Rights Commission *

*PAKISTAN: Religious minority women, the forgotten victims of a fragmented
society *

*Juliette Thibaud*

At the crossing of the multiple divisions and fractures which fragment the
Pakistani society, Christian, Hindhu and Sikhs, women suffer one of the
heaviest burdens of all the marginalized groups in Pakistan and are the
unfortunate victims of both a male dominated society and a Muslim dominated
country. Stories the of violation of their fundamental rights are numerous
and but most of them do not attract much attention, but those which are
reported draw a clear pattern of the discrimination and violence they have
to face, often powerless and lacking in resources.

The case of the 71 Dalit Meghwar families who chose to leave their houses
and their ancestral village to protest against the abduction of a 15-year
old girl, Daya, which was forcibly married to an influential Muslim man and
converted to Islam is an emblematic case. According to the community, the
abductors have threatened them not to alert the authorities nor seek any
remedy to the situation to avoid seeing more girls being abducted. Fearing
for the safety of the other girls of the community, the Meghwar families
have chosen to migrate and to ask protection for their girls. They have
settled down in the plains near Mithi Town and are now deprived of their
source of income, food and access to drinkable water, and remain in complete
governmental indifference. (see pictures)

Most vulnerable among the most vulnerable, women have always been a target
of choice for dominating majorities to weaken ‘undesirable’ minorities.
Attacks against women from religious minorities should therefore not be
considered as punctual, isolated and unrevealing cases. It is estimated that
20 to 25 Hindu girls are abducted each month and forcibly converted to Islam
in Pakistan. The head of the Madressa, (Muslim Seminary) in Samaro, in which
Daya was converted, has declared that 40,000 non Muslims had been converted
to Islam so far in the Madressa. Through forced marriages and conversions,
it is the whole structure of religious minority communities which is being
targeted.

In front of all those hardships, religious minority women are particularly
helpless and no mechanisms are designed to protect them. Cases of sexual
abuses or of abductions of women from religious minorities, when they go
reported, if they do, are only rarely addressed by the law enforcement
authorities.

In a case documented by the Asian Human Rights Commission in March 2010, the
family of a 17-year-old Hindu girl, Kastoori, who was kidnapped by three
influential Muslim brothers and raped by one of them, was pressured into
accepting her wedding to her rapist and her conversion to Islam by a
*jirga*court (illegal tribal court). Court and police inaction went as
far as
arresting the victim’s father under a fake case and intense pressures from
ruling party members and local landlords prevent the family from seeking
further assistance.

In another case, Miss Gomti, a 15 year old Hindu girl was abducted by the
landlord her parents work for and got married to one of his peasants after
being converted to Islam. When, after 6 weeks, her parents eventually
managed to find out what had happened to her, they were only able to see her
in presence of their landlord's employees, in the presence of which the
young girl pressed her parents to convert to Islam. When presented with the
wedding certificate of the young girl, her parents realised that her age has
been falsified and registered as '19' to have the ceremony in conformity
with the law which fixes the minimum age for marriage to 16 years of age.

In most of those cases, once the girls have been abducted, forcibly
converted and married, the parents are not allowed to meet with their
daughters and unable to learn about their whereabouts. After the marriage,
the husband comes back to his normal life, comes back to his village, but
what happens to the bride remains a mystery. Strong suspicions have arisen
that after being converted, those girls may be trafficked and sold. Indeed,
once the girl has been converted, married and theoretically integrated into
the Muslim society, why would the husband be unable to give details about
his bride’s whereabouts and why would the bride seem to be unable to appear
in public? Investigation into what has happened to those young girls is
urgently required, but this would require a strong involvement of the state
authorities which is yet to be seen.

At the highest level, the government response has been mostly marginal and
reactive with no broad measures being designed to ensure the protection of
religious minorities in general and of women in particular. It is true that
measures have been taken by the State to ameliorate the plot of women in the
country: the amendment of the Penal Code in November 2009 which penalises
the harassment of women at any public or private workplace or the drafting
of a bill criminalising domestic violence are two welcome steps for
instance. Nevertheless those few positive achievements are highly unlikely
to impact on the lives of the women of the religious minorities.

Indeed, extremely difficult access to the mechanisms put in place by the law
prevents them from adequately providing the religious minority' women with
protection. Some international human rights organizations, such as Human
Rights Watch while welcoming the penalisation of sexual harassment noticed
that the law did not provide the women with mechanisms to access the legal
protection it made provision for. In a country in which flaws and corruption
of the legal and penal system hampers its proper functioning, average
citizens face difficulties to access legal remedies. Obviously being a women
and belonging to a religious minorities further add difficulties to this
obstacles course and leave the women without any remedy to protect
themselves from daily abuses.

In the cases mentioned above, the local police have clearly shown their
reluctance to investigate cases involving Maderssa (Muslim seminaries) and
Muslim cleric and refused to provide the victims' family with assistance and
protection. One case is particularly emblematic of the lack of cooperation
of the state authorities in cases of abduction and forced conversions of
young girls. In December 2009, Gajri, a 15-year-old Hindu girl was forcibly
taken away from her house and converted to Islam. When her parents tried to
file a First Information Report at the police station, the staff discouraged
them from doing so. Later, a Madarssa informed the police station that the
girl had embraced Islam and had married her neighbour. Nevertheless, the
police failed to avert the family of this new piece of information and the
parents only came to know this fact a few days later when they tried once
again to file an FIR, which was again refused by the police staff. When the
parents tried to file a case of abduction against their neighbour and the
Madarssa, the district police officer refused to do so and made himself the
advocate of the perpetrators by explaining that he had no power in matter of
conversion, that the 15 year old girl was the property of the Madrassa and
is reported to have said that Islam is a religion that could be entered and
not exited.

Through this denial of justice, the state fails to fulfil its duty of
protection of the safety of all citizens in cases which clearly constitutes
violations of children's rights and freedom of religion as entrenched in
international conventions such as the article 18 of the International
Covenant on Civil and Political Rights and the article 30 of the Convention
on the Rights to Child, both of which Pakistan is a party.

Lack of social and economic empowerment further deprives those women of
protection. Recent surveys have revealed for instance that 87 per cent of
scheduled caste Hindu women were illiterate compared to 63.5 per cent of
males of their community, given that the national illiteracy rate among
Pakistani women reaches 58%. The gap between the primary school enrolment
rate of the scheduled castes women (10.2%) and the average rate (48% of
Pakistani females) also tells much about the huge discrepancy existing
between the opportunities offered to women from minority communities and
Muslim women. There is no need to remind anyone here that a lot of Muslim
women, as such, already face extremely high difficulties in accessing
education and in obtaining equal socio-economic opportunities as men.

In urban areas, women from religious minorities are most often employed as
manual scavengers or sanitary workers for insignificant wages. In rural
areas, they sometimes handle small agricultural tasks such as picking of
cotton and chillies for marginal wages, when their families are not trapped
into the system of bonded labour. Moreover, when women manage to generate
resources through those activities, their incomes are managed by the family
head. Such practice further marginalizes women from economic empowerment and
leads to a somehow paradoxical situation in which those handling the
double-work load of low-paid manual labour in agriculture, domestic services
or as manual scavenger and of unpaid domestic labour at home are those who
benefit the least from the income they generate through it.

It has become a trite remark to assert that laws and regulations alone will
not prevent violence against religious minority women in Pakistan but that a
much deeper and stronger move is needed to transform the whole mindset of
the society both toward the inadmissibility of violence against women and
toward the respect of different creeds and beliefs.

Nevertheless there is a wide range of proactive measures which can and
should be taken to encourage this transformation such as programmes
promoting the education of religious minority girls, the restoration of
health facilities in the religious minorities’ area and the provision of
micro-credit loans to women entrepreneurs to encourage their empowerment. A
strong and deep move toward the eradication of bonded labour under which
women are vulnerable to sexual exploitation from the landowner is also
indispensible. The government of Pakistan, whose response has been limited
and mostly retrospective, should fully tackle this issue and show strong
commitment to the protection of women from religious minorities. The state
should make sure that women vulnerable to abduction will not remain without
protection and police officers who refuse to file a FIR in cases of rape and
abduction involving religious minorities shall face sanctions.

Obviously, the government of Pakistan, the civil society and the
international community all have a role to play in favour of the protection
and the empowerment of religious minority women in Pakistan.

# # #

*About AHRC: The Asian Human Rights Commission is a regional
non-governmental organisation monitoring and lobbying human rights issues in
Asia. The Hong Kong-based group was founded in 1984. *



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