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Showing posts with label ARTICLE. Show all posts
Showing posts with label ARTICLE. Show all posts

Saturday, 2 December 2017

THIS GIRL'S CLOSE DEATH ENCOUNTER WITH A KILLER WILL OPEN YOUR EYES !

When my friends first told me about the rogue stabber, I did not want to know more. My brain said: let's pretend this doesn't exist, let's not let him ruin the precarious safety assigned to my days.
But one cannot avoid these things. Yesterday, the count went up to 11 women: even a little girl. Apparently the assaulter picks them at random, from the zooming view on his motorbike, and slashes across their bodies -- literally -- with a sharp instrument. Today I learned that the instrument is not a dagger as people suspected, but a small surgical knife, incapable of killing, sure, but edged with the promise of incredible pain.
Not just physical. There's the wound, yes, but only on the surface. The cut will heal, it will be dressed and bandaged, maybe the girl's mother will lay out fresh, comfortable sheets on her bed so she can rest, throw in a few extra pillows, maybe worried family members will scurry around the injured girl, soothing her, helping her recover until she can get back on her feet.
But then she will have to step outside again. Pain follows fear and fear is the undercurrent all female bodies carry; in fact, our trans sisters have been forced to carry it for longer, for all of us. Already women and transfolks are policed outside, parceled around by male guardians, told where we can go and where we cannot. The city is built up as a space of hostility and danger, but those of us who frequent Karachi or Lahore streets, we make a case for the discomfort: these streetsides belong to us, yes, if we stick around long enough they (and the people within them) will get used to it, will learn to accept us.
But now there's a man going around wielding a surgical knife. He does not discriminate; he does not care for age or attire; as long as you have a vagina.
Now our families' fears are confirmed, and our well-meaning friends (the ones who tell us to stay shut inside out of 'care' rather than any impulse to protect), now their points are validated. And those of us who are women are realising that all this time, we've been directing our gaze from what has always been a threat -- no, a reality -- for khawajasiras, for those who exist outside the gender binary. We have been complicit, we have made excuses where we were not directly under the laser-beam of harm.
Now what? We can continue disregarding our well-wishers' concerns, of course we're not going to stop going outside, sitting on the sidewalk, reading a book at a dhaba. But each time we do -- each time I do now (it has hardly been 24 hours) -- and a man passes by on a motorbike, I am paralysed with fear. Fear, the undercurrent, has grown stronger.
My mother and I were walking outside the Medicare parking lot -- yesterday -- note that we were outside a hospital -- and a motorbike ambled too close to us. I've had motorbikes pass by closer, but I froze. A gust of fear. Accompanied by a sharp pain; the kind of pain that shakes you, loosens your hold upon the ground you stand upon. The possibility of threat (even if it is never confirmed) layered upon an everyday sight, a man on a bike, while numbers are rising on news reports and politicians dismissing them as exaggerations by the media-- the possibility of threat now stretching its limbs from every movement at the end of the street, was feeding a related thought: you should not be out here like this. You should start rethinking this daily dhaba business. These spaces are not yours.
From one intersection where a knife is pushed into skin that jerks and splits, the air rises and expands and delivers the violence unleashed to all other intersections; from anger and pain a blade carves trauma and uncertainty, looms its creation over the entire city.
My friends and I were at a dhaba even earlier, in our favourite spot under the tree, a space where we grow silly and talk about all sorts of meaningless things, and all we could talk about was harassment, assault, sexual abuse, or about this man out on the streets with a spirit of vengeance none of us could understand. Yet, had we not, at countless other times, encountered the same kind of anger? In police stations, in public transport, with darzis and doctors and even boyfriends, even in our own homes. So why were we even surprised. We continued swapping stories, as women often do when the topic of assault comes up, and we broke only to express our distress or outrage at the stabbing biker. The unthinkable violence of premeditated harm. The violence occurring even now as we shared stories of sexual trauma instead of unwinding over chai -- the air has expanded completely, solidified with each new gash, it now permeates our most harmless hours.
What makes men so angry? If you've read Virginia Woolf's A Room of One's Own, there's a part where she digs deeper into the violent shade of men's anger: she concludes that men's violence is a way to assert their superiority; that any creature, positioned at a higher rung, is inherently threatened by the ones on the lower rung.
Still, it stupefies me. What threw this individual into such fury that he grabbed a knife -- a weapon capable of hurting another human being -- and took it outside its station on the kitchen counter or surgical table or wherever he got it from; took it outside with the intention of fastening it inside living flesh -- is he immune to the screams that spring from pain, the wail of the stretching skin, the moan of a body realising it will never be safe anywhere?
Already, women have begun altering their habits -- as if it is we who need to change our habits. The responsibility is on you, for having a vagina. So now girls are carrying knives, pepper sprays, stones*. They're avoiding being outside unless absolutely necessary; reducing their interaction with the street, taking a Careem instead of a rickshaw, having someone pick them up right at their gate instead of down the street.
Perhaps this surgical-knife-brandishing biker was spurned by a woman, perhaps someone broke his heart. Maybe his wife was a strong, independent woman who wanted nothing to do with him anymore, so he thought, I'll show you all.
We can never be thought of as separate beings, us feminine creatures. We are held collectively responsible for whatever imagined transgression is pinned upon one of us.
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*from 'Terrorized female residents of Karachi restrict movement, obtain sharp objects to counter ‘psychopath’ slasher' by Minerwa Tahir: https://www.samaa.tv/…/terrorized-female-residents-karachi…/
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Girls at Dhabas is interested in whatever we can do regarding this assaulter. But we are at a loss because we don't know what we can do. Protest? Uss se kya ho ga? Go around sharing self-defense skills? If anyone else is growing restless also, if you have seeds of ideas and want to brainstorm with us, message us. Hum kal milayn ge to discuss this; the more, the merrier.

Saturday, 29 July 2017

SHOULD ARTICLE 62 AND 63 BE REVOKED ? IS EVERYBODY SADIQ AND AMEEN?

 

I personally happen to be of the opinion that Articles 62 and 63 have no place in our constitution. They should be repealed as soon as possible and whichever parliament does so would be doing history and jurisprudence a favor, At the same time, though, these Articles do exist and are a part of the "letter of the constitution", quite literally.
For the majority of the day, my facebook newsfeed has been inundated with joy and disgust, abandon and hesitance. Most people seem relieved to see the back of Ameer-ul-Momieen, due process or no due process. Some are disappointed in the judiciary's willingness to participate in this "judicial coup" and its attempts to further the agenda of an anti-democratic establishment. I have nothing but respect for both these positions, given that they are reasonable and not entirely outlandish. Anyone with a working brain can see that politics in this country goes beyond the politicians and the institutions they are most closely associated to. Our history has taught us many a lesson, including the need to be wary of an apex court wielding such power. The specter of Justice Munir still haunts us and perhaps, should continue to.
Having read all 25 pages of the Judgement authored by Justice Ejaz Afzal Khan, I do want to talk about a few salient issues.
a) It is not the Supreme Court's job to engage in political debate about the historical baggage that Article 62 (and even 63) represents. If a law is on the books, I see no reason for why it shouldn't be invoked. From a purely political perspective, Mian Nawaz Sharif fought tooth and nail to ensure that these articles wouldn't be removed from the body of the constitution, during the 18th amendment days. Seeing him fall on his own sword gives me a perverse pleasure that is very difficult to deny.
b) No, the Supreme Court could not throw him out for the offence of corruption or for the appropriation of public money or for having wealth disproportionately larger than what his means allowed him to possess. The Supreme Court, according to my understanding, is not a trial court, and even its original jurisdiction 184(3) does not make it a trial court. Cognizant of the fact that the voluminous record available points to nearly certain guilt, the Supreme Court was wise in providing the direction it did. I wish to quote Justice Ijaz-ul-Ahsan at this point, when he says:
"....such conviction can only be recorded by an Accountability Court under the NAO, after a proper trial, recording evidence and granting due process rights guaranteed by the Constitution to the accused. To transplant the powers of the Accountability Court and to attach such powers to the jurisdiction of this Court under Article 184(3) of the Constitution has neither been prayed for by the petitioners nor can it be, in our opinion, done without stretching the letter of the law and the scheme of the Constitution"
I find this line of reasoning quite persuasive. For those who say, "HEY! NAWAZ SHARIF IS DEFINITELY GUILTY BUT HE HAS BEEN SENT HOME FOR THE WRONG REASONS. THIS SETS A TERRIBLE PRECEDENT", I am unsure what kind of precedent an overly broad interpretation of 184(3) would set.
By no means am I suggesting that the Honourable Justices Gulzar and Khosa were malicious or misguided in disqualifying MNS. It is not my position to make claims like this against such giants of the legal profession. I am merely suggesting that the restraint exercised by the majority in that bench had strong legal merit. Even in the aftermath of that restraint, it is commendable that Justices Khan, Ahsan and Saeed did not want to risk playing with the integrity of the constitution.
c) Some people seem to suggest that Nawaz Sharif's failure to disclose his assets correctly while filing his nomination papers, accompanied by a sworn affidavit, was a mistake. Ergo, the punishment being prescribed may be disproportionate. Even if one were to assume that the representation of his non-withdrawn salary as a non-asset may have been a simple accounting mistake, the Court's decision to treat it as a violation of the requirements of being Sadiq and Ameen is vindicated by MNS's sworn affidavit. The purpose of such an affidavit is to ensure that the filings have integrity, and such basic mistakes have been accounted for. Moreover, who doesn't know that Nawaz Sharif lied and did so copiously?
The point I am making is simple. The Court understood that it was looking at a fairly unprecedented case in terms of its jurisprudence, as well as political ramifications that could arise out of the court proceedings. Had this been the handiwork of the establishment, the Court would have had very little reason to uphold the stringent requirements of Articles 10 and 25 of the Constitution. The Court could have convicted MNS and co., without giving them the opportunity to defend themselves in a full fledged trial with the recording and cross-examination of evidence and witnesses. On the contrary, it merely "disqualified" him from office.
The Left in this country suffers from a number of issues: myopia and a faulty short term memory being two of them. I understand the need to go after the establishment hammer and tongs, but at the same time, let's take a step back and critically examine the facts before us. Now more than ever, the Supreme Court needs our faith and belief.
Yes, no Prime Minister has ever completed their term. Yes, there are forces at play that show democracy a pittance of consideration and trample all over it when they can. At the end of it though, let's not let a liar get away with misrepresenting the trust of public office. Let's not let him hold millions of votes in disdain. Let's not let him become just another Prime Minister, just another incomplete term. Mian Nawaz Sharif may not be guilty of everything levied against him, but the least we can do is hold him accountable. Let's not fail at that.
Pakistan Zindabad.
Credits HAFIZ USMAN TANVEER MALIK