Let us admit, this is a man's world and women have been discriminated against over the ages. Their only place of respect is as mothers. Being physically weaker they have remained subservient to the stronger male for protection and care. The unequal relationship was taken for granted and women came to be regarded as possessions to do house-hold chores, cook and clean and take care of the infants.
This state of affairs continued for centuries until the advent of modern civilisation. Women started to have education and clamoured for improved status, which enlightened men found it difficult to deny. Gradually women grew bolder in the West and now demand absolute equality with men.
In the East and particularly in India - Pakistan the situation is different. There is awakening amongst the women and most educated men admit the need for a change.
However, the overwhelming majority of the population is not even literate, tradition bound and believe that their religions entitle them to treat women as inferior.
At the time of the advent of Islam Arabia was a pagan country where women had no position whatsoever, so much so that the birth of the female child was considered a tragedy and at times they were killed. Islam advocated rights of women in the matter of marriage, divorce and inheritance.
Although more than one wife (up to 4) was allowed but subject to equal treatment.
1500 years back this was a great advance but if I am not mistaken, absolute equality was not granted. However, at the time other religions were far behind in the matter of women's rights. Pakistan being an Islamic State, in family transactions Sharia dictates prevail but from time to time legislation has been enacted to safeguard the of women's rights.
Rape is an individual crime of passion prevalent in all countries of the word and Pakistan is no exception.
However, with us it escapes punishment as victims do not bring it to light out of shame and witnesses do not come forward to give evidence. Mostly the cases are handled at local level by jirgas or panchayats comprising the elders of the locality.
Many types of excesses and assaults are committed against women - single or married - which mostly go unreported. However, the case of Mukhtaran Mai of a village called Meerwala in district Multan, has received extra ordinary attention from the media and the public due to special features surrounding the incident.
Mukhtaran's brother was accused of having relations with a girl of a 'higher' tribe of the same village which infuriated the elders of the family. Bent upon revenge they brought the matter to the attention of the local jirga to dispense justice.
A meeting was called where about 100 people gathered. Inexplicably the chief of the jirga ruled that the accused family be taught a lesson and strangely the punishment prescribed was that 4 men of the village should rape Mukhtaran, the sister of the young man who had allegedly dishonoured the family of the complainants.
Accordingly not only the victim was gang-raped but was humiliated by forcing her to walk naked on the street.
At first the police ignored the case, but on the public outcry and media publicity, were compelled to investigate and arrested some 13 people including the jirga chief.
The lower court tried the case and awarded death penalty to a couple of accused and imprisonment and fines to the rest.
The Federal Shariah Court wanted to intervene so as to hold trial according to Shariah Law but did not succeed and the case went to the High Court.
To the surprise and consternation of the victim, the High Court not only quashed the death sentences but reduced the punishment or released the rest.
This created an uproar as quite a few human rights organisations jumped into the fray to challenge the inequity of law and justice to women.
Obviously the Court had gone by the letter of the law and not finding irrefutable evidence to convict the accused had refused to uphold the lower court's decision.
Mukhtaran Mai was heartbroken and was encouraged by vested interests to go public in protest against the perceived injustice. Anti-government groups in the opposition joined forces to blame the higher authorities in the administration for their failure to ensure justice. Foreign media was made to take up her cause and Mukhtaran Mai became an international celebrity.
An American correspondent wrote a scathing article in New York Times on the plight of women in Pakistan. Many organisations and individuals in US extended financial assistance to Mukhtaran encouraging her to continue her fight and invited her to the States to publicise her case.
The authorities in Islamabad were alarmed and while ensuring protection and assistance, prevented her going abroad by putting her name of Exit Control List seizing her passport.
It is reported that this was done with the consent of President Musharraf with a view to protect Pakistan's international image which would have been further tarnished by washing of our dirty linen abroad.
This action has resulted into a storm against the general who talks of enlightenment and moderation on the one hand while at the same time putting a muzzle on freedom of expression.
No doubt Mukhtaran has been wronged terribly and it is the government's responsibility to apprehend and punish the perpetrators of crime but it should be realised that the courts cannot be directed to hold the alleged criminals guilty unless foolproof evidence is produced against them.
However, the Supreme Court has been made to take suo-moto cognisance of the case and has called for re-trial of the accused suspending the orders of the High Court and re-arresting the suspects who were released.
My conclusion is that while justice needs to be done, the Mukhtaran Mai's case has been blown up beyond proportions by interested parties for ulterior motives. She has been punished and prodded to the stature of a star - a symbol of women's rights in Pakistan, while actually she is just a simple but courageous village belle who has stood up to the shame inflicted on her and wants that her assailants not escape the punishment they deserve.
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