Jailed for being raped

Under the Hudood Ordinances promulgated by General Zia ul Haq in 1979. a woman or girl who reports a rape is liable to find herself accused of the serious offence of zina - adultery. The rape survivor is assumed guilty of 'illicit sexual intercourse' unless she can prove innocence. This requires producing, as witnesses to the act, four Muslim adult males of good character.

In 1984 a 15-year-old parentless girl called Jehan Mina was raped by her uncle and her cousin while staying at their home to tend her sick aunt. Later, when she showed signs of pregnancy, she confessed to another uncle that the rape had occurred. He went to the police and a case was set in motion. Jehan Mine had to be protected from the accused uncle and her grandfather who wanted to Kill her.

When the case came to trial the accused men were acquitted. Not surprisingly there were no 'tour adult male witnesses to the crime. And the court found that the men could not be punished merely on the basis of Jehen Mine's statement, which had thrown the entire blame of adultery on the 'other two co-accused'. Her pregnancy was seen as a confession of zina and she was sentenced to 100 lashes, the maximum penalty.

On appeal the sentence was mitigated to three years' imprisonment and 10 lashes. She was not acquitted because the court found It unsatisfactory that she had waited until her pregnancy became apparent to make the accusation against her uncle.

Jehan Mine served her sentence and gave birth to her child in jail. Although no woman has since been sentenced to the maximum penalty for adultery, the number of imprisonments under the Hudood Ordinances is rising: 738 In 1990, compared to 503 in 1984.

Maria del Nevo in Lahore.



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