Justice for Tayyaba

The case of Tayyaba, the 10-year-old child who was tortured and beaten while working as a maid for Islamabad Additional Sessions Judge Raja Khurram Ali Khan and his wife, becomes murkier with every passing day. As the Supreme Court started its suo motu hearing into the case on Friday, two people claiming to be her parents showed up – while Tayyaba herself is now missing, after being handed over to a person identifying himself as her father. The medical board constituted to examine her and carry out a DNA test to determine who her parents really are is unable to do so because neither she nor the person in whose custody she was given can be traced by the police. It may be some time before she can be tracked down and we find out exactly what happened to her but it is already clear that Tayyaba is a victim of gross negligence. It should be routine practice for the police and the judiciary that in the case of a child victim – especially one whose alleged father so quickly pardoned her torturers – utmost care should be taken. How she was released into a person’s custody without anyone bothering to verify that he was indeed her father is beyond comprehension. Unfortunately, we are all too aware of how the state treats the most vulnerable among us, especially when they are the victims of people as powerful as sitting judges.

During the hearing on Friday, Chief Justice Saqib Nisar said that even a father does not have the right to barter away the fundamental human rights of a child. This should nullify the original pardon and the case needs to be taken to trial. Additionally, the handling of the case by the authorities should also be investigated. While the judge and his wife are the main accused in this matter, the authorities have only compounded Tayyaba’s torture and they too need to be held accountable. At the very least, they are guilty of negligence of duty; at worst, they are active colluders in protecting the judge and his wife. Those who are now coming forward claiming to be Tayyaba’s real parents say she was bought and sold by gangs before ending up as a maid at the judge’s house. This, too, needs to be investigated. Once Tayyaba is given justice, we need a lot of soul-searching about our blasé attitude to child labour and how the ruling elite closes ranks even when one of their own is accused of such heinous crimes. The state continues to fail children like Tayyaba. The question is if we, as a people, will do that too.