Chief Justice Mian Saqib Nisar has taken a suo motu notice of the cruel treatment of a 10-year-old maid by her employers, an additional district and sessions judge and his wife, raising the hope that amends will finally be made. The case in itself is a grave indictment of the prevailing socio-economic realities as also the justice system. It first came to light when the photos of this brutalised girl-child appeared on the social media, prompting the police to take action. At first, the frightened child told the police that she had injured her right eye in a fall from stairs and burned her hand when hot tea fell on it. But later in a statement recorded with the police, in the presence of an assistant commissioner, she narrated a chilling story of torture and abuse. During her two years work with the family, she said, she was frequently beaten up, starved, and locked in a storeroom at night, and that the wounds her picture showed were caused when the judge's wife shoved her hand into a burning stove and also gave her a thrashing because a broom had gone missing. The medico legal report endorsed her story stating that "there is swelling and blackening of right upper and lower eyelid... swelling and burn marks, superficial in nature, on the torso... abrasion on the right side of face and over left ear."
Furthermore, the report noting "blunt and burn injuries" said the nature of wounds constituted a case under sections 337-A (i) and 337-F (i) of the Pakistan Penal Code. A case was registered against the husband and wife, probably because of media glare. But as is the norm in this country, the weak have to surrender before the powerful members of society. When the case came up for hearing before an additional district and sessions judge, he let the brother judge and spouse off the hook saying he had pardoned the accused because the victim's father had forgiven them. The poor father of course had no choice but to forgive the privileged tormentors of his child unless he himself was willing to suffer pain and humiliation. Sadly, this is not first case of its nature. In numerous other instances, children have been similarly subjected to torture, leading in at least two reported instances to death. Yet as the present case shows little has changed because the perpetrators have no fear of punishment.
As long as the present levels of poverty persist, people are going to go on making their children work as domestic help - and treated as chattels - to supplement family incomes. The least the government can and must do immediately is to enact a domestic labour law to provide them with a measure of protection. Laws alone, however, are not enough to resolve anything unless backed by a serious will to implement them. As per the Constitution and the labour laws, employment of children under the age of 14 years is forbidden; so far, there are no known convictions for violations. At the root of this and many other ills in society is the absence of the rule of law. It is an open secret that corruption is rampant in the lower judiciary where ordinary people come to seek justice while legal proceedings take forever to reach conclusion, undermining the public trust in the justice system. The Chief Justice deserves all the praise for taking a suo motu notice of the present case but, needless to say, he cannot do that for all victims of injustice. It is hoped that he will also pay attention to the crying need for reform of the lower judiciary, and do whatever it takes to ensure the rule of law prevails.
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