Justice denied: Haleema Bhutto

It was appalling to watch the dreadful story of Haleema Bhutto, the daughter of Sindh, a few days back where her nephew Babar Ali Bhutto was shown brought up on footpath near national press club in Islamabad. Haleema, her brother, her sister, brother in law and a two and half years old nephew came to Islamabad on March 29, 2010 following Haleema being declared ‘Kari’ by the tribe of her husband following a dispute with her husband over a piece of land that her husband wanted her to transfer in his name. When I met Haleema, the first impression I got was that she has completely lost her faith in the government, judiciary, parliament, media and NGOs and understandably so as none of these could help her in its true sense.

It was surprising to learn from her that she was already been visited by former Ministers for Human Rights and Labour, Manpower and Overseas Pakistanis, she has been visited by prominent women’s rights activists and female members of the Parliament I could think of contacting to muster support for her to ensure her justice including but not limited to Sharmila Farooqi, Bushra Gohar, Yasmin Rehman, Tauqir Fatma Bhutto, Fauzia Wahab, Fauzia Habib, Farah Naz, Nirgis ND Khan, Mehreen Bhutto, Shazia Marri, Shehnaz Wazir Ali and Nargis Faiz Malik with no results to ensure her justice and her safe return to her native District Ghotki in Sindh.

Haleema and her brother have more than seventy visiting cards of government officials, parliamentarians, journalists, lawyers, NGOs’ representatives, UN Agencies representatives who visited them with no results. Haleema was told by one of the female parliamentarians that she was sent by President Asef Ali Zaradari to meet her and look into her case. Despite all these high level contacts, meetings, visits and support, the family is on footpath for the approximately 373 days in tough weather conditions with a little child with them but to no avail. This shows nothing but the failure of the State to provide protection to its citizens and unfortunately all organs of the State have been exposed.

I thought of National Assembly’s Standing Committee on Human Rights, to get help for her, but she has already been introduced to the Standing Committee by MNA Marvi Memon and the Standing Committee also took some steps that unfortunately however, could not bring an end to her painful ordeal and ensure justice to her. Besides, she also brought her case in the notice of Standing Committee on Interior, which directed DPO Ghotki in April 2010 to send report on Haleema case within one week along with action taken against accused persons. In July 2010 FIRs No. 235-236 and 203 and 100 were registered in Jobaro and Dharki police stations with no arrests. Similarly, Marvi Memon once brought her to Supreme Court where she briefly informed the Court about her ordeal and this is why whatever little faith she has in the system and its custodians that is because of Marvi Memon of whom she speaks positively and acknowledge her support.

Haleema’s ordeal started at her childhood when she was married at the age of 12 and within a year she had to take refuge at her parents’ home following brutal torture by her husband when she refused to transfer her land in his name. She was there at her parents’ home for 18 years before she was sent back to her husband’s home on the condition that she wouldn’t be tortured neither she would be asked to transfer her land. The agreement soon came to end when her husband started his old tactics once again for gaining control of property.

Haleema’s demands from the State and civil society of this country are very simple; support to get divorce from her husband, protection of life and property, putting to justice those accused of terming her ‘Kari’ and an impartial investigation of the case, giving them back the possession of their land and compensation of loss suffered by her and her family. No lawyer, judge, parliamentarian or a human rights activist can term any of these demands unjust or unlawful. She has the right to spend her life as per her one free will in accordance with national and international laws and the religion, state is bound to provide her and her family protection and to have an impartial investigation into the case and a free and fair trial to ensure justice is done.

Why is it taking us so long to provide a woman and a three and a half year old child and their family with their rights? Why is the State so helpless in this case? Why is the Parliament so ineffective despite she been visited and ensured their full support by more than a dozen female parliamentarians and ministers? Why is the Supreme Court unable to resolve the issue? Why is the Insani Huqooq Itehad and the civil society of Islamabad unable to take up this case and why were some civil society organizations unable to fulfill their promises to Haleema?

Through these lines I request the President, the Prime Minister, the Chief Justice Supreme Court and the Chief Justice Sindh High Court, Speaker National Assembly of Pakistan and the Sindh government to immediately look into Haleema Bhutto’s case and ensure justice to her before it is too late, before innocent Babar Ali also lose his innocence on the footpaths of Islamabad, before we repent the time when she was calling us for help and we forgot her in our own busy schedules, before she take some dire step, before someone else direct us to help her and before we all admit that we have failed. What else a weak women and her family can do to ensure justice is done to her? To get our attention and the attention of those in power? To get the law enforcement arm of the State function?

This is a test case for the State of Pakistan to prove that the State functions are doing their job properly and that the State can protect its citizens and particularly the vulnerable groups like women and children.