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Friday, April 23, 2010

PAKISTAN: A Hindu teenager is told to marry her alleged rapist by jirga members; police and courts fail to act

According to information received from local NGOs, the Pakistan Dalit Solidarity Network and All Kohli, Ms. Kastoori, seen in the video clip below (also here), is 17 years old and was abducted on 24 January 2010.

After being taken in the evening by Ramzan Khoso, Habib Ullah Khoso and Ghulam Nabi Khoso, with the help of their armed guard Verio Gur-Ro, Kastoori was allegedly raped by Ramzan, the eldest of the brothers. She was recovered the next day from the mens' residence by a group from her community, where she was found tied up.

On 26 January Kastoori's parents tried to register a First Information Report at Nagar Parker police station but were turned away. Because of this they could not obtain an official medical checkup for her at the civil hospital or the Nagar Parker hospital, which they attempted to arrange on 27 January.



The family rejected an out of court sum offered to them by the father of the three perpetrators, Muhammad Bachaal Khoso, who is an office bearer for the local ruling political party and reportedly wields political influence. He arranged a jirga – an illegal tribal court – on 9 February, allegedly within the knowledge of Nagar Parker police officers. The jirga members allegedly pressured the victim's family to accept the marriage of the victim to her rapist and her conversion Islam. The family rejected this proposal and continued to try to use legal channels.

With the help of NGOs Kastoori's father was able to file a petition with the Sindh High Court on February 12, which ordered the filing of an FIR and a medical examination on 17 February. The report noted that due to the length of time since the alleged rape it could not find the necessary evidence.
Although an FIR was finally lodged on February 17 under Section 365-B, the perpetrators were not arrested because they had successfully applied for pre-arrest bail from the Sessions Court in Mithi, even though the court is not authorized to do so at that level. We are told that the police then arrested the father of the victim (along with 12 others) on February 18 for stealing valuable sap from a Guggal plant, although Guggal is not cultivated in the area.

At the Hyderabad press club Kastoori (featured in the You Tube video, embedded) has threatened to publically kill herself if the perpetrators are not arrested. Mr. Hameed Chand, Assistant Sub Inspector in Naga Parker, and the investigation officer have told human rights activists that they are being prevented from pursuing the case by ruling party members and local landlords. The victim and her family are in hiding, and civil society protests have reportedly not resulted in further action from the authorities.

ADDITIONAL INFORMATION:

The AHRC received frequent reports of forced marriages of minority girls with Muslim men in areas along the Indian borders that have large Dalit Hindu populations, such as Thar Parker, Nagar Parker, Umer Kot, Mithi and Karoonjhar. The term Dalits are members of a scheduled caste, and due to the position of many as bonded labourers, female Dalits are particularly vulnerable to abuse. It is not unknown for Muslim seminaries to urge the forced conversion of Dalit women.

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