Court decision delivers strong message to society

Islamabad : Rights commissions, human rights activists and civil society networks on Tuesday welcomed the Islamabad High Court’s (IHC) decision in Tayyaba torture case.

In statements issued after the announcement of the short order, the rights representatives said that the decision would give a strong message to the society that such crimes would be punished and there will be no concession for mighty and powerful before the court.

They said that the battle for justice for child protection in Pakistan is not over. They demanded Advocate General (AG) to immediately submit a file for enhanced punishment and make child domestic labour a no compoundable, non-bailable crime in Pakistan.

The Islamabad High Court (IHC) on Tuesday sentenced additional district and sessions judge (ADSJ) Raja Khurram Ali Khan and his wife to one year in prison and a fine of Rs50,000 each for torturing their 10-year-old domestic child worker, Tayyaba. The couple is charged for their involvement in keeping the then 10-year-old Tayyaba in wrongful confinement, burning, beating and detaining her. Both accused were found guilty under section 328-A which involves ill-treatment, carelessness, negligence, harm, injury and abandonment. Few hours after the announcement of the decision, bail was granted to the couple.

“Despite the fact that bail was granted, even such a minimal conviction and punishment for crimes committed sends a strong message to everyone that justice is alive and kicking in the otherwise much-reviled state of Pakistan- it is the principle of justice that has been upheld today,” said eminent human rights activist Tahira Abdullah who was among few activists who stood by the tortured girl-child-survivor and regularly attended the case hearings in the Islamabad High Court and the Supreme Court.

Sharing her observations about the proceedings, she said that the law enforcement agencies seriously compromised and mismanaged this case right from the start. “Weak investigations, compromise pressure on the family, initial and repeated medico-legal process, witness statements, evidence and forensic process, all point toward mala fide intent,” she said.

Tayyaba case was highlighted in December 2016 after photos of the tortured child began circulating on social media. The child was rescued from the couple’s residence on December 28, 2016.

National Commission on the Status of Women also welcomed the decision. In its statement, the commission said that the decision would greatly contribute in addressing the issues faced by domestic workers especially women and girls.

The Child Rights Movement (CRM) also welcomed the Judgment and appreciated the struggles of concerned Government officials as well as the efforts of media for bringing the case into attention of public and for sharing the authentic information. The CRM members played major role in filing the case and recovering the girl from the house of accused.

Activist and Executive Director Group Development Pakistan Valerie Khan said that Tayyaba’s case sets a precedent of rule of law in the democratic sense. “The little girl's bruises, wounds and burns (at least 12 burns as per medico-legal report) have become blurry in many people's minds but not in mine. I can recollect her lost gaze, her fear, how she looked at the police lady while she was waiting to be questioned in the SC,” she said.