ActionAid Pakistan
22 April 2011
Policy Statement
ActionAid Pakistan raises serious concerns over gaps in the legal system that led to acquittal of suspects in Mukhataran Mai's case. The agency fears the "bad precedence" would discourage women from raising voice against violence, and will pave way for heinous crimes against women to continue.
In a policy statement issued on Friday 22 April, ActionAid Pakistan's Country Director Jemal Ahmed termed absence of women's representation in the most strategic institutions like the medico-legal system, courts, lawyers and police to be responsible for restricting women's access to true justice.
He demanded that a larger political discourse should be initiated to ensure 'special treatment' of cases of 'Violence Against Women' by introducing pro-women amendments in criminal justice system.
While referring to a statement issued by Justice (Retd.) Nasir Aslam Zahid who alleged that not a single person in Pakistan has ever been convicted on rape charges in last ten years, ActionAid Pakistan condemned patriarchal mindset behind social, political and legal injustice towards women.
Background Notes:
The fundamental and crucial statement in any rape case across the world and according to criminal justice system in Pakistan is of the rape victim. The statements of the victim is always taken as the most important evidence for the case. But in Pakistan the inefficient criminal justice system, patriarchal mindset of the institutions (police and judiciary), lack of sufficient medico-legal facilities always hamper those courageous women who despite all odds against them come forward to voice for their right to get justice.
In the judicial system of Pakistan the burden of proof is on the woman victim. The responsible institutions like police and medico-legal system remain silent, inefficient and unmoved. Even in the case of Mukhtaran Mai, the statement of victim has not been properly recorded by the Police nor have courts taken the statement as evidence.
Mukhtaran Mai's case had the potential to become a landmark case which could show the commitment of state and state's institutions that justice is upheld for women. It should be understood that in this case, producing hard core evidence was not possible, but circumstantial evidences should have been taken into account which in Mai's case were absolutely in her favour.
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