PESHAWAR: An alleged victim of ‘ghag’, a centuries-old Pakhtoon tradition whereby a man, without the consent of a girl or her parents, makes a declaration in public that a particular girl is engaged to him, has appealed to the Peshawar High Court (PHC) for justice.
Nayab, 27, a resident of Mardan, filed a writ petition in the PHC through her lawyer Muhammad Isa Khan. A division bench comprising Chief Justice Yahya Afridi and Justice Ikramullah Khan issued notice to the respondents, who have been made parties and violators of the law.
During hearing, the lawyer submitted that parents of Abid Saleem, cousin of the petitioner, had made the word “ghag” on her when she was five years old. He said after the girl’s refusal, her cousin married another woman and now has four children but whenever someone in the society comes to house of the petitioner for asking her hand in marriage, her cousin Abid Saleem allegedly warns them of serious consequences if anybody tried to marry her.
The lawyer said that his client had attained puberty and wanted to be married of her own consent. He said that even in civil court she got a decree in her favour. He requested the court to take action against the respondents, including Abid Saleem and his supporters.
‘Ghag’ is a customary practice due to which no other man dares to send a marriage proposal to a girl if she has become a victim of the ‘ghag’ call.Moreover, the man who declares ‘ghag’ on a girl does not marry her. The custom covertly serves as a means to seek revenge on families or a threatening tool to solve disputes.
Under the Elimination of Custom of Ghag Act 2013, whoever used ‘ghag’ to ask for a girl’s hand in marriage would be punishable with imprisonment for a term no less than three years, which may also be extended to seven years, and a fine of Rs0.5 million.
“I am worried about my future. Whenever someone comes to my home with a marriage proposal, the accused starts hurling threats at him,” the petitioner said, adding that the police and district administration had failed to take action against the culprits.