April 4, 2024
By Xari Jalil
Video source – local reporter
LAHORE
After over two months of being missing, Falak Noor, who was allegedly abducted by a neighbour from her village in Sultanabad, District Gilgit, was finally presented in the Sessions’ court Thursday morning, and had her statement recorded with the judge under 164 CrPC.
Israruddin Israr, the regional coordinator of the Human Rights Commission of Pakistan (HRCP) spoke to Voicepk about her appearance in court and added that her next appearance was to be on April 6 at the Chief Court.
“We hope that the Chief Court will take some meaningful action on the 6th such as establishing a medical board,” said Israr. “We want a board of doctors to examine her physically, mentally and sexually and whether she has been a survivor of violence.” He added that the best interest of any minor would be that they be sent back to their parents. However in the case that there are any hurdles, then she must be sent to stay in the child protection unit.
“Sadly the GB Child Protection Unit is not functional,” says Israr. “They do not have the resources, but the government should make it functional as soon as possible. At present, Falak Noor is being kept in the women’s police station which has been given the status of Darul Aman, but she cant be kept there for long.”
Israr said that Noor required psycho social rehabilitation. Using the Dua Zehra case as precedent, Noor should be brought to court after therapy.
Speaking to Voicepk Falak Noor’s lawyer Wazir Shafi said that no one was told beforehand that Noor was being brought to court. Rather she was brought in secretly to the Sessions’ Court.
He found this out on Thursday morning, after he exited the courtroom. Falak Noor had already been produced in the Sessions’ court.
“The lawyer of the accused party had submitted a request to have Falak Noor’s statement taken. But we responded by saying that there was no way under the Criminal Procedure Code that her statement could be legal and admissible in court,” said Shafi. “For her statement to be taken, she needs to be completely disconnected from the accused and his accomplices, be transferred to a safehouse like Darul Aman, and be given psychological treatment. Also her B form, birth certificate and all other birth documents which have been presented in court and her age should be determined according to a medical panel.”
At present there are two cases one in the Sessions’ court, which calls for the recovery of the girl, and the arrest of the accused nominated in the FIR, including 17-year-old Fareed and his father Azam Khan accused of abducting her.
The other case is a habeas corpus in the Gilgit Baltistan Chief Court. It is under this court that the next appearance of Falak Noor will be expected on April 6.
“Since Hon’ble GB Chief Court has taken cognizance in the matter and next date of hearing is fixed for 06-04-2024. Therefore, Falak Noor be kept in Darul Aman/Women Police Station Gilgit till 06-04-2024 and be produced before Hon’ble GB Chief Court on 06-04-2024,” reads a written judgment. The court directed the Women’s police station SHO to not allow any unauthorized private meetings with Noor during this period.
In her statement to Judicial Magistrate Anum Zahra, Noor clarified that she had not been kidnapped but had left her parents’ residence voluntarily. She disclosed her marriage to Fareed Alam, a resident of Sultanabad, Gilgit, asserting it was of her own volition and expressed a desire to join her husband.
Child Marriages
“This is not just a case of child marriage, where the nikah khwan and the others involved must be arrested, but it is also a case of child trafficking,” said Israr. “The marriage was registered in Havelian, where the girl stated that she was 16 years of age. Even that according to the law of the land comes under minor. We did not think that her statement should have been recorded in closed court, but as the court said it was for the safety and security of the child, we respect that.”
Speaking on behalf of human rights activists involved closely in this case Israr said that regarding the girl’s age tampering issue and her ‘marriage’ being carried out, everyone involved should be held accountable.
According to details, documents have already been presented in court by the lawyers who are helping Noor’s father Sakhi Jan fight the case. The primary documents that can help determine the age of the girl include the Nadra certificate, the B Form, the birth certificate and the school certificate all of which prove that the girl is around 12 years of age.
On the Rise
According to the data of the Human Rights Commission of Pakistan (HRCP), a total of 70 cases of child marriages were reported across the country during the last 2 years. In which 2 cases were reported in Balochistan, 4 in Khyber
Pakhtunkhwa, 18 in Punjab and 46 in Sindh.
In Gilgit-Baltistan, a report released in November 2021 by the Population Council and the United Nations Population Fund reveals that in the GB region, around 26.78% of girls are married off before reaching 18 years of age, and 7% are married before even reaching 15 years. Last year, in Diamer, there was an incident of two young children being married – they were in Class 1, informs Israr. There were also some child sexual abuse cases reported from Baltistan and some from other places. Diamer district was reported to have the highest percentage of girls marrying early, where 47% of girls reported being married before 18 years of age, followed by Shigar (39.5%) and Ghanche (27.7%).
“The issue of the age is a serious concern,” says Wazir Shafi, who is fighting the case in the Sessions’ court. “When a valid state document already spells out the age of the girl proving she is minor, then how can her nikah be registered anywhere in the country? If the NADRA documents have no value then we should get rid of these institutions.”
“It is not that there are no laws regarding child marriage in Pakistan, but the law is very clear that child marriage is a crime and different limits are set in different provinces,” says an activist based in Gilgit. “The law also makes it a crime to entertain minors and is punishable by law. But in spite of this, the news of children being forced into marriage and sometimes running away from home without the consent of their parents or family members and getting married by making false statements, only increased.