Here is the Plan

1. I will begin writing my interview questions, which will be sent out to various NGOs such as War Against Rape (WAR), women rights organizations such as Women’s Forum Action (WFA), political parties such as Jama’at-i-Islami, ulemas, and authors whose work I have read. My interviews will include questions about the justification used for restrictive rape laws, why such laws are targeting towards women etc. Although one can argue that I can get that sort of information by research alone, I think interviewing will narrow down my sources. Since most of my questions will be open-ended, I will be organizing this information in the form of separate journal entries. Later, I will put them in a visual for easier comparison.

2. I will also be reading the following books:

  • Women of Pakistan: Two Steps Forward, One Step Back? by Khawar Mumtaz and Farida Shaheeda.
  • Purdah and the Status of Women in Islam by Maududi. His philosophy was influential in the incorporation of Hudood Laws in the penal code of Pakistan. That is why I think it is important to understand his views of women.

3. My research goals:

  • Find specific instances where misinterpretation of Islamic ideas has led to restrictive laws. This will be expanding on how Zia justified his martial law, how political parties continue to promote Maududi’s ideologies, how local jirgas exploit power to carry out discriminatory verdicts.
  • Explore the clash of different legal systems (Sharia vs. secular law) and its implication for victims of rape.
  • Research the theme of how Islamic virtues are intertwined with traditional values like purdah. This will shed light on how Hinduism and Mughal’s rule has shaped accepted cultural values.

I have not set exact deadlines yet because I will be doing most of the tasks simultaneously. I will also be reading journal articles and watching documentaries to gather further information.

Research Journal: Outlawed in Pakistan

Nosheen, H. (Producer and Director), & Schellmann, H. (Producer and Director). 2013. Outlawed in Pakistan [Motion picture]. United States/Pakistan: PBS Frontline.

“Out of suffering, they [women in Pakistan] have gained a feminist consciousness.”
-Faisal Siddiqi, Kainat’s Attorney

Outlawed in Pakistan is a documentary narrating the gang-rape of a 13-year old girl named Kainat Soomro. She accused 4 men of abducting her on her way to home from school and raping her while she was drugged. After missing for 3 days, she finally escaped and got home. The elders of the village had ordered to kill Kainat and when her family did not comply with this, they fled to Karachi, Sindh’s largest metropolitan area, for safety. Since this rape occurred in 2007, that is, after the repeal of Hudood Ordiances, I was especially interested in the outcome of the legal proceedings. It was shocking to learn that women still experience the same prejudice that they faced in earlier times. The responsibility of proving/disproving the crime solely falls upon the rape victim and presenting evidence becomes an almost impossible situation considering how many police investigators make little effort to collect data. Faisal Siddiqi, Kainat’s attorney stated that the investigation began with a suspicion toward her. Police doubted her “character”. This is concerning because if investigators are themselves biased and do not make a genuine attempt to collect as much relevant information as possible, then the case is already to a grim start. Like many cases, Kainat’s investigation report did not include sperm or DNA evidence. In fact, sperm evidence is often not collected because facilities required to gather such information are not available everywhere in Pakistan.

There were three important things that I learnt from watching this documentary:
1. A common defense used by perpetrators is to produce a marriage certificate of the rape victim and rapist. This allows the accused rapist to dodge death sentence – the usual punishment for rape – when it is proven that the rape actually happened. If it is a common defense pattern, why has not the courts/legal system taken notice of it and made it necessary to present this sort of evidence from the beginning of trial? Marriage certificates appear in the scene when the accused is/are found to be guilty. I have to research how this loophole has affected prosecution rate.

2. It takes between 5 to 10 years to receive a final verdict for rape cases, even if victims have the best lawyers in the country. War Against Rape (WAR), a non-profit organization based in Karachi, helped Kainat with legal support. Despite the fact that she had a high-profile lawyer and her story was extensively covered on media, she lost her case and is going through lengthy appeals.

3. Pakistan’s legal system makes use of both Islamic laws and secular laws. When the two sets of laws diverge or rather conflict, courts tend to uphold Islamic laws.

Click on this link to view the documentary: http://www.pbs.org/wgbh/pages/frontline/outlawed-in-pakistan/