ECLJ Affiliate Demanding Justice for a Christian Victim of Attempted Rape

By Shaheryar Gill

The Organization for Legal Aid (OLA), ECLJ’s affiliate in Pakistan, is demanding justice for seventeen-year-old Christian, Nazia Bibi, a victim of attempted rape by her Muslim neighbor. The local police have not taken any action against the perpetrator even after Nazia and her family reported the incident to the police and had multiple meetings with higher police officials. Instead, the police and other locals are pressuring Nazia and her family to not press charges.

The incident occurred the evening of September 11, 2014, when Nazia was left home alone when her mother left on a daily errand. Nazia’s Muslim neighbor, Niamat Ali, was aware of the fact that Nazia was left home alone every day at the same time. On the day of the incident, Nazia forgot to lock the door after her mother had left, and Niamat entered Nazia’s home. He dragged her inside a room to rape her. When Nazia tried to escape, Niamat hit her and tore her clothes. Nazia managed to get away and found her mother and two local women who asked her what had happened. Nazia told the women that Niamat had tried to rape her.

The same day, Nazia, her mother, brother, and father went to their village’s police station to report the matter. There, Assistant Sub Inspector (ASI), Abdul Hameed listened to Nazia’s account of the incident. Hameed told the family that he would present their application for the complaint to the Station House Officer (SHO) the next day and then the First Information Report (FIR) (formal registration of a case) would be lodged.

On September 12, Nazia’s brother gave the police Niamat’s tasbih (Islamic prayer beads), which Niamat had dropped in their home at the time of the incident. The police, however, still did not register Nazia’s case, and the family appeared before the District Police Officer (DPO) to submit their application again. The DPO referred the case to the Deputy Superintendent of Police (DSP). At the DSP’s direction, a meeting was held at the local police station on September 14, and ASI Hameed tried to force Nazia’s family to compromise instead of filing the complaint. Nazia’s family refused and was asked to appear before the DSP on September 17. On that day, Nazia and her family went to appear before the DSP but he was not available.

Rape of women in Pakistan is common and is also typically unreported.[1]Some sources indicate that as high as 99.9 percent of rape cases are unreported in Pakistan.[2] Perpetrators are rarely arrested, tried, jailed, or convicted.[3] Christian women in Pakistan are particularly vulnerable to rape.[4] Muslim authorities are reluctant to protect Christians whose rights are violated by Muslims.[5] A growing trend in Pakistan is abduction and rape of young Christian girls who are subsequently forced to convert to Islam and marry their captors.[6] Authorities rarely respond to these crimes as they are carried out by influential Muslims.[7]

Under the Pakistan Penal Code, rape is punishable by death or imprisonment ranging between ten years to life imprisonment (twenty-five years) and a fine.[8] The code provides that attempted rape may be punished with imprisonment, “which may extend to one-half of the longest term of imprisonment provided for” rape.[9] Under this law, if Niamat is convicted of the attempted rape of Nazia, he could serve up to twelve years in prison.

On September 18, 2014, the OLA submitted another application to the Regional Police Officer (RPO) in an effort to ensure that Nazia’s complaint against Niamat is filed. The RPO then directed the DSP to investigate the matter.

The police still did not register the FIR. As a result, the OLA has filed a petition in the District’s Sessions Court under section 22-A and 22-B of Pakistan’s Code of Criminal Procedure (Cr.P.C.) against the police. Section 22-A of the Cr.P.C. gives a Justice of the Peace the police power to make an arrest.[10] In making such an arrest, a Justice of the Peace has the power to call on any member of the police force to aid him.[11] Section 22-B of the Code provides that a Justice of the Peace must “on receipt of information of the . . . occurrence of any offence . . . make inquiries into the matter and report in writing the results of his inquiries to the nearest Magistrate and to [the] officer in charge of the nearest police-station.”[12]

[1] Palash Ghosh, India Has a Rape Crisis, But Pakistan’s May Be Even Worse, International Business Times (Jan. 13, 2014), http://www.ibtimes.com/india-has-rape-crisis-pakistans-may-be-even-worse-1011268.

[2] Christian Girls Vulnerable to Rape, Forced Conversion and Forced Marriage in Pakistan, Persecution.org, http://www.persecution.org/crossingthebridge/2011/10/04/christian-girls-vulnerable-to-rape-forced-conversion-and-forced-marriage-in-pakistan/ (last visited Sept. 18, 2014).

[3] Palesh Ghosh, supra note 1.

[4] James Heisner, Pakistan: Rape as a Tool for Conversion to Islam, The New American (Oct. 20, 2011), http://www.thenewamerican.com/world-news/asia/item/10428-pakistan-rape-as-a-tool-for-conversion-to-islam.

[5] Id.

[6] Id.

[7] Id.

[8] Pakistan: Penal Code [Pakistan], Act No. XLV, § 376, 6 October 1860, available at: http://www.ahmedandqazi.com/actsandregulations/criminal/pakistanPenalCode.pdf (last visited Sept. 24, 2014).

[9] Id. at § 511.

[10] Pakistan: Code of Criminal Procedure, 1898 as amended by Act 2 of 1997, http://www.oecd.org/site/adboecdanti-corruptioninitiative/39849781.pdf.

[11] Id.

[12] Id.