Case Studies
Case Studies
Case Studies of
i. Mukhtaran Mai
ii. Mallala Yousaf Zai
iii. Shermin Ubaid Chinoy
June 22, 2002: The Mastoi Tribal Council (Jirga) was convened, in village of
Meerwali, regarding AS’s alleged affair with AK’s sister. Worrying about his son
AS’s father also attended the Jirga. The council decided that AS should marry Salma
Naseen and that, in exchange, MM would marry someone from Mastoi tribe.
Although, AS’s father accepted the decision, villagers from Mastoi tribe rejected
it. They demanded that adultery must be punished with adultery.
MM was called by the council to apologize to the Mastoi tribe’s men for her
brother’s actions. When she arrived, she was dragged to a nearby hurt ad gang
raped allegedly by four men, for more than an hour with 10 men watching. Armed
men of Mastoi tribe restrained her father as he tried to help her. Following the
rape she was paraded naked through the streets of the village. The Mastoi
informed the police that the dispute has been settled.
June 28, 2002: During his weekly Friday sermon, the village imam (prayer leader)
declared that a great sin had been committed and asked the villagers to report the
matter to the police. The imam then told a reporter from a nearby town who
published the story in the local press. The story was immediately picked up by the
international media and Punjab government asked the police to take immediate
action.
June 30, 2002: A case was registered with Dera Ghazi Khan police against 14 men.
All were arrested and charged under various provisions of Pakistan Penal Code of
1868, the Anti-Terrorism Act 1997, and the Offence of Zina Ordinance 1979. Four
of the 14 men, were charged with raping MM while the rest were booked for
abetment.
Their trial begin in an anti-terrorism court in DG Khan. While the medical
examination of MM and chemical analysis of her belongings revealed at least two
men’s semen stains.
July 5, 2002: MM was awarded a sum of 500,000 by the government of Pakistan.
August 31, 2002: The Trial Court announced the verdict in a special midnight
session, sentencing six men to death. Four of those were sentenced for raping
while two were convicted for being a part of the Jirga that decreed the rape. The
remaining eight were released. The guilty men appealed their case in Multan
Bench of Lahore High Court.
September 3, 2002: The State and Mukhtaran Mai also filed a separate appeal in
Multan Bench of Lahore High Court against the acquittal of the eight freed men.
From September 3, 2002 to March 3, 2005: MM busied herself in setting up two
schools in her village with the money awarded to her by GOP and many other
international organizations.
March 3, 2005: The Multan Bench of LHC reversed the trial court’s judgement on
the basis of ‘insufficient evidence’ and ‘faulty investigations’. LHC did this on the
appeals of convicted men. The court acquitted five of six men while the death
sentence of the sixth was commuted to life imprisonment. The acquittals caused
an international outcry and human rights groups called upon GOP to intervene.
March 4, 2005 to March 7, 2005: MM wrote to government saying that she fears
for her life if those acquitted are released. GOP assigned men for her protection
with a check post outside her house. Rights groups held rallies in various Pakistani
cities protesting against the acquittals.
March 11, 2005: Pakistan’s highest Islamic Court, the Federal Shariat Court,
suspended the LHC acquittal of five men. The court ruled that the LHC does not
have the jurisdiction to hear appeals in cases tried under Islamic Laws. The Shariat
Court decided to hear the case itself.
March 14, 2005: The Supreme Court, Pakistan’s highest judicial forum, intervened
to set aside the ruling of the Shariat court. The SC said it will hear the final appeal
in the case. IT ruled that the LHC verdict will stand till such time that the appeals
in SC is decided. The five acquitted men were ordered to be released.
March 15, 2005: Four of the five acquitted in MM’s case were released on the
orders of the Supreme Court. The fifth was detained on other, unrelated charges
but is released two days later.
March 17, 2005: MM appealed to President Musharraf to order the re-arrest of
the four men released saying she fears for her life.
March 18, 2005: The five men released earlier were re-arrested along with the
eight others who had been found not guilty at the original trial in 2002. All were
detained on an order from the government of Punjab province under the
maintenance of public order ordinance - a law which allows the authorities to
detain anyone for a period of 90 days on grounds that the person is a threat to
public order.
March 26, 2005: Mukhtar Mai filed an appeal in the Supreme court against the
acquittal of five men sentenced to death by the Supreme court.
June 10, 2005: MM said she is being prevented from travelling abroad by the
government. She had to fly to London on invitation of Amnesty International.
Officials said the security measures are in place for MM’s own safety and that she
can travel abroad once the courts have dealt with her case. It was reported that
she had applied for a US visa after being invited by a US-based women's rights NGO
to visit the US.
June 13, 2005: The 90-day detention period came to an end but all 14 men remain
in jail as no one came forward to furnish their bail bonds.
June 14, 2005: MM was taken by the police, first to Lahore to meet Provincial
Assembly Member Shagufta Anwar and then to Islamabad for a meeting with the
prime minister's advisor on women development, Nilofer Bakhtiar. Officials
confirmed that her name has been included in the Exit Control List. She demanded
the removal of her name from ECL as she was “virtually under house arrest”
because of the police detail, assigned to her. The travel ban on MM was widely
condemned, locally and internationally. Critics said the move is to stop MM’s case
generating bad publicity for Pakistan abroad.
June 15, 2005: MM spent two hours at the US consulate and withdrew her
application for a US visa. Her passport was taken from her as she emerged from
the US embassy. The same day, the government announced that her name has
been removed from the Exit Control List. MM said the removal is meaningless as
her passport has been taken away and she cannot travel anyway.
June 18, 2005: The Supreme Court said, it will start hearing MM appeal against
acquittals on 27 June.
June 28, 2005: The Supreme Court suspended the acquittals of the five men
convicted. It ordered that they and eight others found not guilty at the original
trial be held pending retrial.
April 21, 2011: Upholding the Lahore High Court’s verdict, the Supreme Court’s
three-judge bench acquitted five out of six suspects in the Mukhtar Mai’s case. The
remaining eight had also been released. In short, only one of the fourteen
identified by Mai as her rapists had been charged.
Mallala Yousaf Zai (henceforth MYZ) is a Pakistani activist for female education
and the youngest Noble Prize laureate. She was born on 12 July, 1997 in
Mingora Swat, KPK, Pakistan. She is known for human rights advocacy,
especially the education of women and children in her native swat valley,
where local Pakistani Taliban at times banned girls from attending school.
In 2009, Mallala Yousaf Zai, an 11-year old girl, lived in the town of Mingora in
swat valley and was an outspoken of education and human right activist
despite her youth. Her father, Zaiuddin Yousafzai was a poet, school owner and
a member of swat peace Jirga. In 2008, he had taken his daughter to Peshawar
Press Club to speak about girl’s basic right to education. The event was covered
by both national and international media. Soon afterwards she begin right a
blog for BBC anonymously. These entries depicted life of a school girl during
time when TTP prohibited girl’s education. Yousaf Zai was also featured in New
York Times documentary called “Class Dismissed: The Death of Female
Education”. In 2011, Pakistan’s PM awarded her Pakistan’s first National Youth
Peace Prize. As Yousaf zai’ public profile grew, she began receiving threat from
militants.
On October 9th, 2012 in Mingora, Yousafzai, now 14 years old, was returning
home from school when hooded TTP militants stopped and boarded the
school bus. They demanded that the other schoolchildren on the school bus
identify Yousafzai asking, “Who is Malala?”. After being identified, she was
shot in the head. Although a bullet traversed her brain and lodged in her spine,
she survived the shooting but was critically injured. Two other girls were also
hurt during the shooting; they also survived.
The Pakistani government took responsibility for her care, treating her at a
military hospital in Peshawar under heavy security. Her doctors and the
Pakistani government decided to transfer her out of country to an English
hospital which specialized in military-related trauma. Authorities offered a
US$100,000 reward for her attackers’ capture.
A TTP spokesman confirmed that Yousafzai was the specific target of the
shooting and added that she was a symbol of “infidels and obscenity.”31 He
went on to say, “She has become a symbol of Western culture in the area; she
was openly propagating it,” adding that if she survived, the militants would try
to kill her again.
Rallies and prayer sessions were held across Pakistan while social media
forums bustled as people from around the world voiced their disgust with the
attack and expressed their admiration for Yousafzai.33 Fifty Islamic clerics in
Pakistan issued a fatwa--an Islamic religious decree--against the gunmen, and
the Sunni Ittehad Council publicly denounced the TTP’s religious arguments for
justifying the shooting of Yousafzai and her classmates.
viii. “I am Mallala”:
On October 15, 2012, Gordon Brown, former British Prime Minister, who had
been appointed UN Special Envoy for Global Education in July 2012, launched
a petition in Yousafzai’s name to call on Pakistan “to ensure that every girl like
Malala has the chance to go to school” using the slogan “I am Malala,” a chant
that was heard at demonstrations across Pakistan.
ix. Fall of 2013:
On October 10, 2014, the Norwegian Nobel Committee jointly awarded the
Nobel Peace Prize to Yousafzai and Kailash Satyarthi, an Indian activist
dedicated to improving children’s rights, “for their struggle against the
suppression of children and young people and for the right of all children to
education.”
Yousaf Zai, the youngest recipient ever of the Nobel Peace award, reacting to
the award said, “I want to tell children all around the world that they should
stand up for their rights, they shouldn’t wait for someone else.” This award is
for all those children who are voiceless, whose voices need to be heard.
Yousafzai has been awarded the following national and international honors:
2. Education:
3. Career as a Filmmaker:
Her first film was Terror's Children. In 2003 and 2004 she made two award-
winning films while a graduate student at Stanford University. She then
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.
Her films have been aired on several international channels, including the
PBS, CNN, Discovery Channel, Al Jazeera English and Channel 4.
Accolades and Awards:
Obaid-Chinoy has won six Emmy Awards. Two of these were in the
International Emmy Award for Current Affairs Documentary category for
the films Pakistan's Taliban Generation and Saving Face.
❖ Her first Academy Award win for Saving Face in 2012. This made her the
first Pakistani to win an Academy Award. She is one of only 11 female
directors who have ever won an Oscar for a non-fiction film.
❖ She has also won another Academy Award for Best Documentary Short
Subject in 2016 for A Girl In The River: The Price of Forgiveness.
❖ She is also the first non-American to win the Livingston Award for Young
Journalists in 2010.
❖ Time magazine named Sharmeen in its annual list of the 100 most
influential people in the world for 2012.
Past paper questions related to Case studies:
a. Explain the structural and direct forms of violence in Pakistani society by highlighting
the case study of Mukhtaran Mai.
i. Introduction:
Mukhtaran Mai is Pakistani woman from the village of Meerwali, in the rural
tehsil of Jatoi of the Muzaffargarh district. In 2002, she survived a gang-rape as
a form of honor revenge, on the orders of a tribal council of Mastoi Tribe which
was richer and more powerful than Mai’s Tatla Tribe. Although custom would
expect her to commit suicide, but contrarily she fought for justice. Although
majority of the offenders got acquitted due to loopholes in laws and archaic
judicial system, still her case highlighted both the direct and structural forms
of violence against women in Pakistan.
Although the charge of adultery against MM’s 12 year old brother with a
woman in her late 20s was baseless and false, still what is more noteworthy
here is that a woman had to pay for the alleged sins of her brother. This
showed the value of women in eyes of society—an expendable property,
which can be used in any way deemed necessary by men.
The Trial court in its verdict sentenced six men to death and released other
men. Although, acquittal of the remaining onlooker showed the leniency in
the decision, still as icing on the cake, Multan bench of LHC reversed even
such a lenient decision on the basis that there is lack of evidence and faulty
investigation on the behalf of police. The court ordered the release of five
acquitted and sixth was commuted to life imprisonment. All of this showed
that the negligence of police turned the offenders into innocents, and
justice for an innocent women into dust.
4. Justice delayed is justice denied:
After the LHC’ reversal of decision and acquittal of most of offenders, the
Federal Shariat Court tried to took the decision in its hands. But it could not
do so, because for some reason Supreme Court of Pakistan intervened.
Now SC first upheld the decision and released the convicts and then again
suspended their acquittal. A legal battle was fought btw the MM’s team
and defense’s team for 5 years and in the end only one out of 14 convicted
men got punishment for being a rapist. It is worth recalling the adage:
justice delayed is justice denied. After nine years of court trials, numerous
appeals and a plethora of threats on her life, Mai has been let down by the
justice system. In a society where crimes pertaining to women are
repeatedly snubbed.
Direct violence means physically harming other human beings with intention.
It is the most prominent form of violence, due to its implications in physical
domain. It usually includes sexual violence, physical violence,
emotional/Psychological Violence and harmful traditional practices. According
to a report by WHO, one in every three women in the world faces some form
of violence in her life. Pakistan is no exception to this fact. The only exception
for Pakistan in this case is that, may be, in Pakistan not only one but almost
two out of every three women have to face direct violence in some form.
a. Physical Violence:
I. Honor Killing:
II. Dowry Murder:
III. Acid Attack:
IV. Amputation:
b. Sexual Violence:
I. Sexual Harassment:
II. Rape and/or Marital Rape:
III. Forced Marriage:
IV. Forced Prostitution:
V. Sexual Violence:
c. Emotional Violence:
I. Verbal Abuse:
II. Stalking:
III. Online Harassment:
I. Sati:
II. Vani:
1. Watta-Satta:
2. Gang Rape:
Although the father of MM was agreed upon the first decision made by the
council, but Mastoi men didn’t agree and asserted that adultery can only
be punished by adultery. They called MM to ask forgiveness on her
brother’s behalf but gang raped when she arrived. It seems like gang rape
was no big deal for them. And it is true, according to HRCP 2017 report in
one year there were 257 registered case of gang rape in Pakistan. And
according to authorities this figure represents only tip of the iceberg
because majority of cases go unreported due to social stigmas.
viii. Conclusion:
Sharmeen Obaid Chinoy is a Pakistani-Canadian journalist, filmmaker and activist. She was
born in Karachi in 1978 and is known for her work in films that highlight the inequality with
women. Among many awards, she has also received two academy awards for her two
documentaries ‘SAVING FACE’ and ‘A GIRL IN THE RIVER: THE PRICE OF FORGIVENESS’ in 2012
and 2016 respectively. In these two documentaries, Sharmeen and her colleagues
accentuated acid attacks on Pakistani women and their murders in the name of honor by their
own relatives.
ii. Saving Face : An account of Acid Attacks on women in Pakistan:
Saving Face is a 2012 documentary film directed by Sharmeen Obaid-Chinoy and Daniel Junge
about acid attacks on women in Pakistan. The film won an Emmy Award and the 2012
Academy Award for Best Documentary Short Subject, making its director, Sharmeen Obaid-
Chinoy, Pakistan's first Oscar winner. The film was inspired from the life of acid victim Fakhra
Younus, who committed suicide in 2012.
Saving Face feature two women, named Zakia and Rukhsana, both of whom bore acid attacks,
by their husbands. Another important character is that of Dr. Muhammad Jawad, a Pakistani
born, UK based plastic surgeon, who put his efforts in reconstructing the scarred faces of his
patients. As the story moves forward, husbands of both women were shown with both of
them denying their involvement in the attacks. Zakia is a 39 year old women, who is shown
as fighting battles at two fronts. One to bring her facial structure back and second to bring
her husband to justice. She won both battles, although one partially and one completely.
Somehow Dr. Jawad, by doing his best, bring some of her facial features back and Sarkar
Abbas, her lawyer managed to get her husband two life imprisonments, in accordance with
new Anti-Acid Attack law passed by parliament by efforts of Marvi Memon, a female
parliamentarian. The other women Rukhsana, due to her unexpected pregnancy had to delay
her surgery for six month.
2. What is an Acid Attack?
An acid attack is a form of violent assault involving the act of throwing acid or a similarly
corrosive substance onto the body of another with the intention to disfigure, maim, torture
or kill. Perpetrators of these attacks throw these liquids at their victims, usually at their faces,
burning them and damaging skin tissues.
The acid attacks in Pakistan are typically the work of husbands against their wives who have
dishonored them. Statistics compiled by HRCP Pakistan show that in 2014 there were up to
210 registered acid attack cases in Pakistan. However, the estimates by HRCP represents just
the tip of the iceberg because many cases go unreported.
The Acid Control and Acid Crime Prevention Act, 2011 was presented by Marvi Memon, a
female parliamentarian and passed by the parliament unanimously. It made amendments in
Pakistan Penal Code and Criminal Procedure Code to punish perpetrators of acid crimes by
clearly including acid crimes in the definition of hurt. The punishment of the offender,
according to act, can be from one year of prison or 100000 fine to two years of imprisonment
or 500000.
The Acid and Burn Crime Bill was also presented by Marvi Memon and passed by the
parliament unanimously. The bill aims at making provisions to specifically criminalize acid and
burn-related violence by providing a fair and speedy trial of such heinous offences. The
proposed legislation offers free medical treatment and rehabilitation for acid burn victims,
besides outlining a process for conducting trials of accused in the shortest possible time.
5. Reasons of Acid Attacks:
Acid throwing attacks are extremely violent crimes by which the perpetrators of the crime
seek to inflict severe physical and mental suffering on their victims. This form of violence is
often inflicted on women. The most common reasons for such attacks are domestic violence,
refusal of marriage proposal, denial of sexual advance etc. The acid is usually thrown at the
victim’s face with the intent of disfiguring the woman in revenge for her refusing the advances
of the perpetrator. Racial and cultural reasons include failure of a girl to bring dowry, political
rivalries, and land disputes.
a. Psychological Effects:
Majority of the respondents (70%) that they had to face psychological effects which included
sympathetic behavior of family, ignorance of children and taunting behavior of relatives. The
findings reflected that females were mentally disturbed and they trying to reduce their stress
through weeping and shouting on others.
b. Social Isolation:
In a study by Acid Survivor Foundation of Pakistan, majority of the victims (60%) reported that
they feel themselves isolated from their society. Because they were being ignored by their
family members and relatives. It is also due to the fact they are not allowed by their parents
and siblings to move outside with them.
Acid burning incidents across the country have decreased by more than half over a three-year
period, according to a 2017 report published by the Acid Survivors Foundation (ASF) Pakistan.
The report further observed that, acid attacks fell down to 73 in 2016 from 153 in 2014 – a
52% reduction. The number of incidents in 2016 was also considerably lower than the annual
average of 111 acid attacks over a 10-year period.
iii. A Girl in the River: The Price of Forgiveness
‘A Girl in the River’ is a 2015 documentary film directed by Sharmeen Obaid Chinoy about
honor killings in Pakistan. The documentary was well received by the critics and earned a
widespread critical acclaim. It was shortlisted with ten other documentaries from 74 entries
submitted to 88th Academy Awards in Documentary Short Subject Category, which it won.
In the Punjab region of Pakistan, a young man and woman fall in love and decide to marry.
Saba, 18, and Qaiser, 21, have known each other for four years, and Saba’s father is helping
plan their wedding. But Saba’s uncle protests the union, saying that Qaiser and his family are
of lowly status, and the family ultimately forbids the marriage. Determined to be together,
they are married at a local courthouse.
Just hours after the wedding, her father and uncle collect Saba at the home of her new in-
laws. Driving her to the riverside, they beat and shoot her, leaving Saba for dead for bringing
“dishonor” upon the family.
Miraculously, Saba survives, but cannot contact even her mother and sisters because of her
act of rebellion. With her father and uncle awaiting trial in jail, she is pressured by the
community to forgive and forget, and bring peace back to the neighborhood -- and release
the sole breadwinner of her large family from prison.
The documentary follows the story of a nineteen-year-old girl, who survives an honor killing
attempt by her father and uncle.[5] The protagonist has a solid stance on not forgiving her
attackers; however, the public pressures her into forgiving. By doing that, the attackers are
freed and can return home.