Islamabad: The Sindh High Court (SHC) on Monday directed the police to place a 13-year old Christian girl, Arzoo Masih, in protective custody and produce the teenage girl before the court on Nov 5, the next date of hearing.
Arzoo Masih was allegedly abducted and converted to Islam last month by a 44-year-old man, Azhar Ali, who also claimed to marry her.
Earlier, on Saturday, a local magistrate had turned down an application of Raja Masih, Arzoo’s father, for shifting the girl to a shelter home.
Raja’s counsel and rights activist Jibran Nasir had pointed out that Arzoo was only 13 years old and the provisions of the Sindh Child Marriage Restraint Act, 2013 clearly prohibited underage (below 18-year) marriages. Setting aside Jibran’s stance, judicial magistrate Muhammad Ali Dall stated in the order that SHC, in its order of October 27, had already directed the Preedy Police SHO to provide protection to Arzoo.
His order was however challenged in the SHC that on Monday not only directed recovery and shifting of the girl to Shelter Home, it also ordered a medical test to determine the girl’s age. The high court also noted that it would address all the issues relating to the girl’s age, whether she was forcibly converted and if her marriage was legal.
Pakistan People’s Party Chairman Bilawal Bhutto Zardari had announced to challenge the local court’s order in the SHC.
Federal Minister for Human Rights Shireen Mazari also shared on her social media account to pursue the teenage Christian girl’s case.
Local court ignores specific provisions of anti-child marriage act
In Saturday’s order the local magistrate had refused to send the girl to a shelter home despite the fact the Investigation Officer (IO) produced a verified birth certificate and B-form through the National Database and Regulatory Authority (NADRA) that confirmed she was 13 years old.
Allegedly kidnapped by a neighbour
Arzoo’s abduction from the Railway Quarters in Preedy Police limit, last month had sparked protests from human rights groups as well as the non-Muslim community and rights workers. In the First Information Report (FIR) Arzoo’s father Raja Masih stated that on October 13, he and his wife went to work while their son Shahbaz had gone to school. The complainant said his three daughters, including Arzoo, were at home in Railway Colony when he received a call from a relative, who told him that Arzoo was missing from the house.
Raja said Arzoo’s alleged kidnapper, 44-year old Azhar, lived in a house opposite theirs along with his family. “He has prepared fake papers to show that she is 18-years-old,” Arzoo’s mother said. Police have booked Ali Azhar, the girl’s alleged husband, and arrested his brothers, Syed Shariq Ali, Syed Mohsin Ali, and a friend, Danish, for allegedly abducting the underage girl, forcibly converting her and marrying her to a Muslim man.
Rights activists cry foul
Women & child rights activist Valerie Khan while talking to Gulf News said it was unfortunate that the magistrate refused to uphold the mandatory provisions of law related to protection of children.
Khan further said, according to the Pakistan Penal Code’s provisions, even if a child “consents” it is irrelevant since the law forbids it.
Additionally the PPC stipulates that intercourse with a girl under 16 is rape- regardless of the girl’s consent, she said.
Kapil Dev, HR activist and a vocal advocate of the rights of non-Muslims said it was a test case for the Sindh government. The provincial government needs to ensure implementation of the Child Marriage Restraint Act which is very much there to protect children from early marriages, he said.
It is more a matter of mindset than law, he said, regretting that the judge did not take into consideration the age of the kidnapped girl.
