ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-115-2012
30 June 2012
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PAKISTAN: A Hindu girl was forced to convert to Islam and is now
missing - the judge and police have sided with the perpetrators
ISSUES: Forced conversion to Islam, religious intolerance, violence against women, justice system
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Dear friends,
The Asian Human Rights Commission (AHRC) has received
information that a 14-year-old girl, from the Hindu religious minority
community was abducted by gangsters and forcibly converted to Islam.
When a police case was filed against the abductors the girl was produced
before a Magistrate's Court by the gangsters to record a statement that
she has embraced Islam as her religion. The irony of the judicial
process is that the judicial magistrate has accepted her subsequent
marriage as legal in spite of the Pakistan law which does not allow the
marriage of girls before the age of 16 years. Her age was forged from 14
to 18 by the police and perpetrators before the judicial magistrate who
had never asked for evidence about her age.
The father of the victim received information from the police
that girl has been shifted to the tribal areas of the Pakistan, close
to Afghanistan border for nefarious designs.
The police took
five days to file the First Information Report (FIR) providing good time
to the perpetrators to manage a forced marriage. The three young
sisters, their mother and one brother of the victim were terminated from
the employment from the same factory where their sister was employed
because the parents of the victim had mentioned the registration number
of the car of the factory in which their daughter was abducted.
CASE NARRATIVE:
Rekha alias Pubi (14) was working at a factory for the manufacturing
of bottles for beverages at Gadap Karachi, Sindh province. She was
abducted by a driver, Mr. Ahmed Nawaz son of Mohib Ali, and factory
supervisor, Mr. Asghar Din son of Khadin Shah, in the official vehicle
of the factory at 5.30 PM when she was going back to her home with her
three sisters and mother. Her father, Mr. Soda, use to pick and drop
their family members, three sisters and her mother, from the factory. On
the day of the incident, after dropping his two sisters by his motor
bike at their house he returned to the factory and was told that Rekha
has been forcibly abducted by the driver and supervisor in the factory’s
vehicle to unknown place.
The brother, father and mother immediately rushed to the Gadap city
police station, Karachi, to file the case of abduction of Rekha. The
police refused to entertain the complaint and told them not to worry as
she will be returned and the police will take action the next day. When
the father and brother insisted that police should follow them as they
would not be far from the factory, the police asked for money for fuel
for using police van which was not possible from the poor family as they
were from the Hindu minority group, the Kohli-Dalit and they have
migrated from a remote area of Sindh province, the Mirpur Khas, where
they were facing the problems after the recent flood.
The police took five days to file the First Information Report (FIR).
The perpetrators and the owner after knowing that on November 5, 2011,
the family of the victim successfully filed the FIR they quickly
approached a judicial magistrate of Malir city, Mr. Naweed Asghar and
took some workers from the nearby Madressa, the Muslim seminary and
asked the court to accept the court marriage as Miss Rekha has embraced
Islam and has changed her name from Rekha to Aasia. The judge never
asked the girl if they did so of her own free will and approved the
marriage. Her age was mentioned during the process as 18 because the
magistrate told them that Pakistan law does not allow marriage of
minors. At this moment the mother and other family member reached the
court after knowing that she has been produced before the court but the
magistrate did not allow them to meet Rekha. The workers from the
seminary have also used force to push the girl into the van which was
waiting outside the court. The lawyer from the perpetrators, Mr. Naeem
Khan threatened before the magistrate that if they created problems over
the change of religion then their two sisters will also face the same
situation. The judge just ignored the threats.
Since November 5, 2011 her whereabouts are unknown. On the other hand
the owner of the factory has terminated the employment of her brother,
mother and three other sisters, who are minors, for mentioning the
registration number of the car of the factory, saying that the vicitm’s
family is destroying the honour of the factory.
It is also informed by the father of the girl that they have been
told by seminary people that the girl has been shifted to a tribal area
of Pakistan close to Afghanistan border. He apprehends that like other
Hindu girls she would have been sold for nefarious designs.
ADDITIONAL INFORMATION:
This a common factor in the Sindh province that girls from the
religious minority groups particularly from Dalit community of the
Hindu, are abducted, raped and then sold for prostitutions. The Muslim
Madressas along the borders with India are busy in this business and
Sindh government though claims that it is in favour of minority rights
never acted to stop such activities of the Muslim fundamentalists groups
in its appeasement policies.
Every month in the Sindh province it is reported that more than 200
girls are forced to marry after their abduction and when perpetrators
are caught or police reports are filed they use the fictitious marriage
certificates from Muslim seminaries and courts have to follow them. Even
the Chief Justice of Supreme Court has not taken the consent from the
three Hindu girls when they were presented before the court and ordered
the registrar to take their statement who recorded their statements
before the police and so called husbands. Then on Friday prayers the
chief justice has congratulated a perpetrator, the so called husband of
one Hindu girl for converting the girl to Islam, the photo of the
incident was published next day in many newspapers.
SUGGESTED ACTION:
Please write the letters
to the given authorities calling them to safe recovery of Rekha and
arrest of the perpetrators including the Naveed Asghar, judicial
magistrate of the Malir city courts. Please urge them to take actions
against those Muslim seminaries who are instrumental in the forcibly
conversion to Islam of the girls from the religious minority groups and
helping the criminals in the name of Islam. Please also urge them to
prosecute the station house officers of the Gadap police station Karachi
for his negligence from the official duty and helping the perpetrators
for kidnapping and rape of Rekha.
The AHRC writes a separate letter to the UN Special Rapporteur on
freedom of religion or belief calling for his intervention into this
matter.
To support this appeal, please click here:
SAMPLE LETTER:
Dear ___________,
PAKISTAN: A Hindu girl was forced to convert to Islam and is now missing - the judge and police have sided with the perpetrators
Name of victim:
Rekha alias Pubi daughter of Soda, resident of Chota gate, Baqai medical university road, Gadap town, Karachi, Sindh province
Names of alleged perpetrators:
1.Mr. Asghar
Uddin son of Khadim Shah, resident of Beverage bottle manufacturing
factory, Chota gate, Baqai medical university road, Gadap town, Karachi,
Sindh province
2.Mr. Mr. Ahmed Nawaz son of Mohib Ali,resident of
Beverage bottle manufacturing factory, Chota gate, Baqai medical
university road, Gadap town, Karachi, Sindh province
3. Station House Officer (SHO) Gadap police station, Gadap town, Karachi, Sindh province
4. Mr. Naveed Asghar, Judicial Magistrate, Malir courts, Malir, Karachi, Sindh province
Date of incident: October 30, 2011
Place of incident: Gadap Town, Karachi
I am writing to voice my deep concern regarding the abduction of
Rekha alias Pubi (14). Rekha is from the Hindu minority group, the
Kohli-Dalit. She was abducted by a driver, Mr. Ahmed Nawaz son of Mohib
Ali, and factory supervisor, Mr. Asghar Din son of Khadim Shah, in the
official vehicle of the factory at 5.30 PM when she was going back to
her home with her three sisters and mother.
It is shocking that although her family went to the police
immediately they took five days to file the First Information Report
which gave the perpetrators sufficient time to approach a judicial
magistrate of Malir city, Mr. Naweed Asghar. They attended the
Magistrate's Court with some workers from the nearby Madressa, the
Muslim seminary and asked the court to accept the court marriage as Miss
Rekha has embraced Islam and has changed her name from Rekha to Aasia.
It is appalling that the judge never asked the girl if they did so of
her own free will and approved the marriage. Her age was mentioned
during the process as 18 because the magistrate told them that Pakistan
law does not allow marriage of minors. At this moment the mother and
other family member reached the court after knowing that she has been
produced before the court but the magistrate did not allow them to meet
Rekha. The workers from the seminary have also used force to push the
girl into the van which was waiting outside the court. The lawyer from
the perpetrators, Mr. Naeem Khan threatened before the magistrate that
if they created problems over the change of religion then their two
sisters will also face the same situation. The judge just ignored the
threats.
Since November 5, 2011 her whereabouts are unknown. I am also aware
that the owner of the factory has terminated the employment of her
brother, mother and three other sisters, who are minors, for mentioning
the registration number of the car of the factory, saying that the
victim’s family is destroying the honour of the factory.
It is also informed by the father of the girl that they have been
told by seminary people that the girl has been shifted to a tribal area
of Pakistan close to Afghanistan border. He apprehends that like other
Hindu girls she would have been sold for nefarious designs.
I request your urgent intervention to ensure the safe recovery of
Rekha and arrest of the perpetrators including the Naveed Asghar,
judicial magistrate of the Malir city courts. Please also take actions
against the Muslim seminaries who are instrumental in the forcibly
conversion to Islam of the girls from the religious minority groups.
Action should also be taken against the station house officers of the
Gadap police station Karachi for their negligence of their official duty
and abetting the perpetrators in the kidnapping and rape of Rekha.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Asif Ali Zardari
President
President's Secretariat
Islamabad
PAKISTAN
Tel:+ 92-51-9204801-9214171
Fax: + 92-51-9207458
Email: publicmail@president.gov.pk
2. Mr. Raja Pervez Ashraf,
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.gov.pk
3. Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: sarfaraz_yousuf@yahoo.com
4. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk
5. Mr. Rehman Malik
Minister for Interior
R Block Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
E-mail: ministry.interior@gmail.com or interior.complaintcell@gmail.com
6. Dr. Ishrat-ul-Ebad Khan
Governor of Sindh province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 5043
Tel: +92 21 920 1201
E-mail: governor@governorsindh.gov.pk
7. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk
8. Mr. Justice Musheer Alam
The Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: registrar@sindhhighcourt.gov.pk
9. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack 92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043
E-mail: lukshmil@yahoo.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)