Thread: Different mafias with set patterns appears as you observe #ForcedConversion & #ChildMarriage cases in Karachi. Starts with crime of seducing a child & grooming her for sexual relations. Mostly done by someone in neighborhood. This helps abductor lure the child to avoid... https://twitter.com/MJibranNasir/status/1323179808839344135
Creating a scene at the time of abduction. Please note abducting a child under 14 with intent to subject her to lust is a crime under 364A which is punishable with either death of life imprisonment. Then on the same day preparations are in place for forced conversion. Lahore High
Court has held that a child of 14yrs of age is not sui juris (Latin for "of one's own right") and hence cannot contract new religion on his or her own. At this stage comes the Sanad-e-Islam and here a few cleric seems to be running a known channel for abductors for
Forced conversions for child marriages. For example the Mufti who certified Sanad e Islam for #Arzoo is also an absconder in child marriage cases of #Neha & #Arooj where he was also NikahKhawan & is also nominated in other similar FIRs. So not a God man but a habitual criminal...
Sanad becomes the first document where without any documentary proof age of girl is mentioned as 18. Then there is one particular alleged Justice of Peace Azharuddin who without any NADRA doc, birth certificate or medical test attests affidavit of free will verifying that girl
is 18 years of age and has accepted Islam out of free will and wants to marry the abductor, a Muslim, out of free will as she has changed religion and her family wants to force her to marry a non Muslim. This affidavit has no legal value for purposes of contracting marriage but
At time of Nikah where the NikahKhawan (again handful of clerics) should follow mandatory requirements to either see cnic, B-Form, birth certificate or medical certificate to verify age relies on the dubious affidavit and attestation of Justice of Peace on it to solemnize Nikah
Then UC Committees ignoring same mandatory legal provisions of law above & without questioning the NikahKhawan register such patently illegal NikahNamas. Important to note that NikahNama is not a divine document in Islam and Pak Law. It is simply a contact in both purpose..
Purpose of which is to allow both husband and wife specially wife to stipulate any condition and seek any rights whatsoever in addition to the basic right already guaranteed by law for the bride being a girl child unaware of her rights it acts like ownership document for husband
By this time usually an FIR for abduction has been registered by the girls family. Despite that abduction of a child i.e. anyone under 18 is a serious offence and even more so if the victim is under 14 the Police rarely shows eagerness and timely action to trace the abductor
Instead the Police as per practice expects to receive a NikahNama soon to tell the non Muslim parents that their child is now Muslim & has willfully married. Now under law when Police due to FIR knows that girl is a minor the NikahNama should be clear evidence of child marriage..
And police should immediately as per Sindh Child Marriage Restraint Rules 2016 seek custody of the child from the abductor posing as husband and conduct DNA for finding evidence of rape but instead Police sees NikahNama as an excuse to forget the case and deem it God's will
Then as is obvious the Abductor using change of religion & the support which comes with it by far right elements gets window where LEAs turn a blind eye to crimes of child marriage, sexual abuse, child seduction & statutory rape (sex with or without consent with girl under 16)
This is when the girl is brainwashed further into believing that all sexual acts done to her are legal & consensual, she is made to feel as an adult and believing she is exercising free will and lured further by being told she belongs to a higher social standing due to conversion
This is when the very crime of seduction and predatory practice of grooming is used to conceal the same crime as girl is prepared to appear before Court and harasment petitions are filed to seek Court's protection from Girl's parents, Courts at this stage are misrepresented by
Lawyers whose conduct in light of the fact that they perhaps knowingly conceal truth from court fall far short of the professional ethics expected to them & they abuse the trust the Bench puts in the Bar (Judges in lawyers) to misguide Court about girls age & get interim orders
At this stage even if Courts dont fall prey to misrepresentation of counsel of abductor and exercising caution takes custody of child there is no adequate child protection centre in Sindh as required by law for safekeeping of these children & pvt shelter homes come to rescue
Then slowly social media picks up the case and then mainstream media and then suddenly religious charities, NGOs senior police officers and Govt's (baring few good ones who always stand in support) start to pay attention and the girls parents who thus have only been harassed by
the most grassroot wing of the State i.e. the Police station are further harassed as they get stuck between tug of war of ngos & political parties with showing urgency for publicly expressing solidarity while whereabouts or girl remain unknown to all. At this stage
sensing that High Court now after hearing the parents factual version will order action against the abductor the abductor through the same unethical lawyers adopt the strategy of withdrawing their petition seeking protection to escape courts jurisdiction & further defraud courts
If parents are lucky in rare cases Courts being aware of possibility that petition is being withdrawn to hide the crime from Court decline application for withdrawal as an exception and insist on proactively finding the truth for themselves however most aren't as lucky specially
as they are mostly at the mercy of money minded lawyers provided by certain charities who initially hound the parents to get the brief and offer them legal aid along with community support but on the other hand use this connection to appeal to Intl NGOs for massive funds. Here
develops a conflict as an early disposal of a case means a short term funding stream for such lawyers so they deliberately spoil cases at the expense the parents and child's welfare and use resulting court orders to cry foul before Intl NGOs & demand more funds eg #HumaMasih case
By now parents due social vulnerabilities such as poverty and belonging to a minority faith which brings its own social & political difficulties & as well as being unaware of their legal rights give up their pursuit for their child. Those who persevere have to deal with further
challenge of making their girl recover from the physical & psychological trauma she has been made to go through if & when is found & returned to custody of parents. We can bring an end to these practices, it's not impossible but it requires comittment & will from all stakeholders
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