National Geographic - June 2011
Too Young to Wed
The secret world of child brides
By Cynthia Gorney
Because the wedding was illegal and a secret, except to the invited guests, and because marriage rites in Rajasthan are often conducted late at night, it was well into the afternoon before the three girl brides in this dry farm settlement in the north of India began to prepare themselves for their sacred vows. They squatted side by side on the dirt, a crowd of village women holding sari cloth around them as a makeshift curtain, and poured soapy water from a metal pan over their heads. Two of the brides, the sisters Radha and Gora, were 15 and 13, old enough to understand what was happening. The third, their niece Rajani, was 5. She wore a pink T-shirt with a butterfly design on the shoulder. A grown-up helped her pull it off to bathe.
The grooms were en route from their own village, many miles away. No one could afford an elephant or the lavishly saddled horses that would have been ceremonially correct for the grooms' entrance to the wedding, so they were coming by car and were expected to arrive high-spirited and drunk. The only local person to have met the grooms was the father of the two oldest girls, a slender gray-haired farmer with a straight back and a drooping mustache. This farmer, whom I will call Mr. M, was both proud and wary as he surveyed guests funneling up the rocky path toward the bright silks draped over poles for shade; he knew that if a nonbribable police officer found out what was under way, the wedding might be interrupted mid-ceremony, bringing criminal arrests and lingering shame to his family.
Rajani was Mr. M's granddaughter, the child of his oldest married daughter. She had round brown eyes, a broad little nose, and skin the color of milk chocolate. She lived with her grandparents. Her mother had moved to her husband's village, as rural married Indian women are expected to do, and this husband, Rajani's father, was rumored to be a drinker and a bad farmer. The villagers said it was the grandfather, Mr. M, who loved Rajani most; you could see this in the way he had arranged a groom for her from the respectable family into which her aunt Radha was also being married. This way she would not be lonely after her gauna, the Indian ceremony that marks the physical transfer of a bride from her childhood family to her husband's. When Indian girls are married as children, the gauna is supposed to take place after puberty, so Rajani would live for a few more years with her grandparents—and Mr. M had done well to protect this child in the meantime, the villagers said, by marking her publicly as married.
These were things we learned in a Rajasthan village during Akha Teej, a festival that takes place during the hottest months of spring, just before the monsoon rains, and that is considered an auspicious time for weddings. We stared miserably at the 5-year-old Rajani as it became clear that the small girl in the T-shirt, padding around barefoot and holding the pink plastic sunglasses someone had given her, was also to be one of the midnight ceremony's brides. The man who had led us to the village, a cousin to Mr. M, had advised us only that a wedding was planned for two teenage sisters. That in itself was risky to disclose, as in India girls may not legally marry before age 18. But the techniques used to encourage the overlooking of illegal weddings—neighborly conspiracy, appeals to family honor—are more easily managed when the betrothed girls have at least reached puberty. The littlest daughters tend to be added on discreetly, their names kept off the invitations, the unannounced second or third bride at their own weddings.
Rajani fell asleep before the ceremonials began. An uncle lifted her gently from her cot, hoisted her over one of his shoulders, and carried her in the moonlight toward the Hindu priest and the smoke of the sacred fire and the guests on plastic chairs and her future husband, a ten-year-old boy with a golden turban on his head.
The outsider's impulse toward child bride rescue scenarios can be overwhelming: Snatch up the girl, punch out the nearby adults, and run. Just make it stop. Above my desk, I have taped to the wall a photograph of Rajani on her wedding night. In the picture it's dusk, six hours before the marriage ceremony, and her face is turned toward the camera, her eyes wide and untroubled, with the beginnings of a smile. I remember my own rescue fantasies roiling that night—not solely for Rajani, whom I could have slung over my own shoulder and carried away alone, but also for the 13- and the 15-year-old sisters who were being transferred like requisitioned goods, one family to another, because a group of adult males had arranged their futures for them.
The people who work full-time trying to prevent child marriage, and to improve women's lives in societies of rigid tradition, are the first to smack down the impertinent notion that anything about this endeavor is simple. Forced early marriage thrives to this day in many regions of the world—arranged by parents for their own children, often in defiance of national laws, and understood by whole communities as an appropriate way for a young woman to grow up when the alternatives, especially if they carry a risk of her losing her virginity to someone besides her husband, are unacceptable.
Child marriage spans continents, language, religion, caste. In India the girls will typically be attached to boys four or five years older; in Yemen, Afghanistan, and other countries with high early marriage rates, the husbands may be young men or middle-aged widowers or abductors who rape first and claim their victims as wives afterward, as is the practice in certain regions of Ethiopia. Some of these marriages are business transactions, barely adorned with additional rationale: a debt cleared in exchange for an 8-year-old bride; a family feud resolved by the delivery of a virginal 12-year-old cousin. Those, when they happen to surface publicly, make for clear and outrage-inducing news fodder from great distances away. The 2008 drama of Nujood Ali, the 10-year-old Yemeni girl who found her way alone to an urban courthouse to request a divorce from the man in his 30s her father had forced her to marry, generated worldwide headlines and more recently a book, translated into 30 languages: I am Nujood, Age 10 and Divorced.
But inside a few of the communities in which parent-arranged early marriage is common practice—amid the women of Rajani's settlement, for example, listening to the mournful sound of their songs to the bathing brides—it feels infinitely more difficult to isolate the nature of the wrongs being perpetrated against these girls. Their educations will be truncated not only by marriage but also by rural school systems, which may offer a nearby school only through fifth grade; beyond that, there's the daily bus ride to town, amid crowded-in, predatory men. The middle school at the end of the bus ride may have no private indoor bathroom in which an adolescent girl can attend to her sanitary needs. And schooling costs money, which a practical family is surely guarding most carefully for sons, with their more readily measurable worth. In India, where by long-standing practice most new wives leave home to move in with their husbands' families, the Hindi term paraya dhan refers to daughters still living with their own parents. Its literal meaning is "someone else's wealth."
Remember this too: The very idea that young women have a right to select their own partners—that choosing whom to marry and where to live ought to be personal decisions, based on love and individual will—is still regarded in some parts of the world as misguided foolishness. Throughout much of India, for example, a majority of marriages are still arranged by parents. Strong marriage is regarded as the union of two families, not two individuals. This calls for careful negotiation by multiple elders, it is believed, not by young people following transient impulses of the heart.
So in communities of pressing poverty, where nonvirgins are considered ruined for marriage and generations of ancestors have proceeded in exactly this fashion—where grandmothers and great-aunts are urging the marriages forward, in fact, insisting, I did it this way and so shall she—it's possible to see how the most dedicated anti-child-marriage campaigner might hesitate, trying to fathom where to begin. "One of our workers had a father turn to him, in frustration," says Sreela Das Gupta, a New Delhi health specialist who previously worked for the International Center for Research on Women (ICRW), one of several global nonprofits working actively against early marriage. "This father said, 'If I am willing to get my daughter married late, will you take responsibility for her protection?' The worker came back to us and said, 'What am I supposed to tell him if she gets raped at 14?' These are questions we don't have answers to."
I heard the story of the rat and the elephant one day in early summer, some weeks into my time among girls who are expected to marry very young. I was in the backseat of a small car in remote western Yemen, traveling along with a man named Mohammed, who had offered to bring us to a particular village down the road.
"What happened in this village has given me strong feelings," he said. "There was a girl here. Ayesha is her name." The Prophet Muhammad's youngest wife was also named Ayesha, but this was not of interest to our Mohammed just now. He was extremely angry. "She is 10 years old," he said. "Very tiny. The man she married is 50 years old, with a big belly, like so." Spreading his arm around him, he indicated massive girth. "Like a rat getting married to an elephant."
Mohammed described the arrangement called shighar, in which two men provide each other with new brides by exchanging female relatives. "These men married each other's daughters," Mohammed said. "If the ages had been proper between the husbands and new wives, I don't think anyone would have reported it. But girls should not marry when they are 9 or 10. Maybe 15 or 16."
Fifty families live in the rock and concrete houses of the village we visited, between cactus stands and dry furrowed farm plots. The local leader, or sheikh, was short and red-bearded, with a mobile phone jammed under his belt beside his traditional Yemeni dagger. He showed us to a low-ceilinged house crowded with women, babies, and girls. They sat on the carpeted floors and beds, and more kept ducking through the doorway to squeeze in; the sheikh squatted in their midst, frowning and interrupting. He regarded me dubiously. "You have children?" he asked.
Two, I said, and the sheikh looked dismayed. "Only two!" He tipped his head toward a young woman nursing a baby in one arm while fending off two small children with the other. "This young lady is 26," he said. "She has had ten."
Her name was Suad. The sheikh was her father. She had been married at 14 to a cousin he selected. "I liked him," Suad said, her voice low, as the sheikh kept his eyes upon her. "I was happy."
The sheikh made various pronouncements concerning marriage. He said no father ever forces his daughter to marry against her will. He said the medical dangers of early childbirth were greatly exaggerated. He said initiation to marriage was not necessarily easy, from the bride's point of view, but that it was pointless to become agitated about this. "Of course every girl gets scared the first night," the sheikh said. "She gets used to it. Life goes on."
His phone tootled. He extracted it from his belt and stepped outside. I pulled the scarf off my hair, something I'd seen my interpreter do when men were gone and the intimate talk of women was under way. Speaking quickly, we asked, How are you all prepared for your wedding night? Are you taught what to expect?
The women glanced toward the doorway, where the sheikh was absorbed in his phone call. They leaned forward. "The girls do not know," one said. "The men know, and they force them."
Could they tell us about young Ayesha and her elephant husband of 50? The women all started talking at once: It was an awful thing; it should have been forbidden, but they were helpless to stop it. Little Ayesha screamed when she saw the man she was to marry, said a young woman named Fatima, who turned out to be Ayesha's older sister. Someone alerted the police, but Ayesha's father ordered her to put on high heels to look taller and a veil to hide her face. He warned that if he was sent to jail, he would kill Ayesha when he got out. The police left without troubling anyone, and at present—the women talked urgently and quietly now, because the sheikh appeared to be ending his conversation—Ayesha was living in a village two hours away, married.
"She has a mobile phone," Fatima said. "Every day, she calls me and cries."
"If there were any danger in early marriage, Allah would have forbidden it," a Yemeni member of parliament named Mohammed Al-Hamzi told me in the capital city of Sanaa one day. "Something that Allah himself did not forbid, we cannot forbid." Al-Hamzi, a religious conservative, is vigorously opposed to the legislative efforts in Yemen to prohibit marriage for girls below a certain age (17, in a recent version), and so far those efforts have met with failure. Islam does not permit marital relations before a girl is physically ready, he said, but the Holy Koran contains no specific age restrictions and so these matters are properly the province of family and religious guidance, not national law. Besides, there is the matter of the Prophet Muhammad's beloved Ayesha—nine years old, according to the conventional account, when the marriage was consummated.
Other Yemeni Muslims invoked for me the scholarly argument that Ayesha was actually older when she had marital relations—perhaps a teenager, perhaps 20 or more. In any case her precise age is irrelevant, they would add firmly; any modern-day man demanding marriage with a young girl dishonors the faith. "In Islam, the human body is very valuable," said Najeeb Saeed Ghanem, chairman of the Yemeni Parliament's Health and Population Committee. "Like jewelry." He listed some of the medical consequences of forcing girls into sex and childbirth before they are physically mature: Ripped vaginal walls. Fistulas, the internal ruptures that can lead to lifelong incontinence. Girls in active labor to whom nurses must explain the mechanics of human reproduction. "The nurses start by asking, 'Do you know what's happening?'" a Sanaa pediatrician told me. "'Do you understand that this is a baby that has been growing inside of you?'"
Yemeni society has no tradition of candor about sex, even among educated mothers and daughters. The reality of these marriages—the murmured understanding that some parents truly are willing to deliver their girls to grown men—was rarely talked about openly until three years ago, when ten-year-old Nujood Ali suddenly became the most famous anti-child-marriage rebel in the world. Among Yemenis the great surprise in the Nujood story was not that Nujood's father had forced her to marry a man three times her age; nor that the man forced himself upon her the first night, despite supposed promises to wait until she was older, so that in the morning Nujood's new mother- and sister-in-law examined the bloodied sheet approvingly before lifting her from bed to give her a bath. No. Nothing in those details was especially remarkable. The surprise was that Nujood fought back.
"Her case was, you know, the stone that disturbed the water," says one of the Yemeni journalists who began writing about Nujood after she showed up alone one day in a courthouse in Sanaa. She had escaped her husband and come home. She had defied her father when he shouted at her that the family's honor depended on her fulfilling her wifely obligations. Her own mother was too cowed to intervene. It was her father's second wife who finally gave Nujood a blessing and taxi money and told her where to go, and when an astonished judge asked her what she was doing in the big city courthouse by herself, Nujood said she wanted a divorce. A prominent female Yemeni attorney took up Nujood's case. News stories began appearing in English, first in Yemen and then internationally; both the headlines and Nujood herself were irresistible, and when she was finally granted her divorce, crowds in the Sanaa courthouse burst into applause. She was invited to the United States, to be honored before more cheering audiences.
Everyone Nujood met was bowled over by her unnerving combination of gravity and poise. When I met her in a Sanaa newspaper office, she was wearing a third-grader-size black abaya, the full covering Yemeni women use in public after puberty. Even though she had now traveled across the Atlantic and back and been grilled by scores of inquisitive grown-ups, she was as sweet and direct as if my questions were brand-new to her. At lunch she snuggled in beside me as we sat on prayer mats and showed me how to dip my flat bread into the shared pot of stew. She said she was living at home again and attending school (her father, publicly excoriated, had grudgingly taken her back), and in her notebooks she was composing an open letter to Yemeni parents: "Don't let your children get married. You'll spoil their educations, and you'll spoil their childhoods if you let them get married so young."
Social change theory has a fancy label for individuals like Nujood Ali: "positive deviants," the single actors within a community who through some personal combination of circumstance and moxie are able to defy tradition and instead try something new, perhaps radically so. Amid the international campaigns against child marriage, positive deviants now include the occasional mother, father, grandmother, teacher, village health worker, and so on—but some of the toughest are the rebel girls themselves, each of their stories setting off new rebellions in its wake. In Yemen I met 12-year-old Reem, who obtained her divorce a few months after Nujood's; in doing so she won over a hostile judge who had insisted, memorably, that so young a bride is not yet mature enough to make a decision about divorce. In India I met the 13-year-old Sunil, who at 11 swore to her parents that she would refuse the groom who was about to arrive; if they tried force, she declared, she would denounce them to police and break her father's head. "She came to us for help," an admiring neighbor told me. "She said, 'I'm going to smash his head with a stone.'"
The push to reach many more underage girls and their families, through education programs and scattered government or agency-supported efforts, is targeted way beyond just the prepubescent marriages that most easily rouse public indignation. "The public loves those kinds of stories, where there's a clear right and wrong," says Saranga Jain, an adolescent-health specialist. "But the majority of girls getting married underage are 13 to 17. We want to recharacterize the problem as not just about very young girls."
From the ICRW's point of view, any marriage of a teen under 18 is a child marriage, and although definitive tallies are impossible, researchers estimate that every year 10 to 12 million girls in the developing world marry that young. Efforts to reduce this number are mindful of the varied forces pushing a teenager to marry and begin childbearing, thus killing her chances at more education and decent wages. Coercion doesn't always come in the form of domineering parents. Sometimes girls bail out on their childhoods because it's expected of them or because their communities have nothing else to offer. What seems to work best, when marriage-delaying programs do take hold, is local incentive rather than castigation: direct inducements to keep girls in school, along with schools they can realistically attend. India trains village health workers called sathins, who monitor the well-being of area families; their duties include reminding villagers that child marriage is not only a crime but also a profound harm to their daughters. It was a Rajasthan sathin, backed by the sathin's own enlightened in-laws, who persuaded the 11-year-old Sunil's parents to give up the marriage plan and let her go back to school.
Because the impossible flaw in the grab-the-girl-and-run fantasy is: Then what? "If we separate a girl and isolate her from her community, what will her life be like?" asks Molly Melching, the founder of a Senegal-based organization called Tostan, which has won international respect for its promotion of community-led programs that motivate people to abandon child marriage and female genital cutting. Tostan workers encourage communities to make public declarations of the standards for their children, so that no one girl is singled out as different if not married young.
"You don't want to encourage girls to run away," Melching says. "The way you change social norms is not by fighting them or humiliating people and saying they're backward. We've seen that an entire community can choose very quickly to change. It's inspiring."
The one person who explained most eloquently to me the excruciating balance required to grow up both independent and respectful within a culture of early marriage was a 17-year-old Rajasthan girl named Shobha Choudhary. Shobha was in her school uniform, a dark pleated skirt with a tucked-in white blouse, the first time I met her. She had severe eyebrows, an erect bearing, and shiny black hair combed into a ponytail. She was in her final year of high school and a scholarly standout; in her village she had been spotted years earlier by the Veerni Project, which disperses workers throughout northern India in search of bright girls whose parents might let them leave home for a free education at its girls' boarding school in the city of Jodhpur.
Shobha is married and has been since she was eight. Picture the occasion: a group ceremony, a dozen village girls, great excitement in a place of great poverty. "Beautiful new clothes," Shobha told me, with a mirthless smile. "I didn't know the meaning of marriage. I was very happy."
Yes, she said, she had seen her young husband since the wedding. But only briefly. He is a few years older. So far she had managed to postpone the gauna, the transition to married life in his household. She looked away when I asked her impression of him and said, he is not educated. We regarded each other, and she shook her head; there was no possibility, none, that she would disgrace her parents by delaying the gauna forever: "I have to be with him. I'll make him study and understand things. But I will not leave him."
She wanted to go to college, she said. Her intense wish was to qualify for the Indian police force so she could specialize in enforcement of the child marriage prohibition law. She had been keeping a diary throughout high school. One of the entries read, in carefully lettered Hindi: "In front of my eyes, I'll never ever allow child marriages to happen. I'll save each and every girl."
Every time I visited Shobha's village, her parents served chai, or spiced tea, in their best cups, and the Shobha stories thickened in their layers of pride and dissembling and uneasiness as to what the foreign visitor was up to. It wasn't a wedding! It was only an engagement party! All right, it was a wedding, but that was before the Veerni people made their kind offer and Shobha's capability had astounded them all. It was Shobha who had figured out how to obtain electricity for the house, so that she and her younger siblings could study after dark. "I can sign things," Shobha's mother told me. "She taught me how to write my name." And now, her parents indicated, this fine episode was surely concluding—and it was time. The husband was calling Shobha's cell phone, demanding a date. Her grandmother wanted the gauna before old age overcame her. The classes in Jodhpur were both Shobha's passion and her delaying tactic, but Veerni support runs only through high school; to stay on and cover the cost of college, Shobha needed a donor. The email arrived after I'd returned to the United States: "How are you I miss you Mam. Mam I am pursuing B.A. 1st year I also want to do English spoken course and computer course. Please reply mam fastly it is urgent for admission date in college."
My husband and I made the donation. "Let's see what happens," Shobha had said to me, the last time I saw her in India. "Whatever will be, I have to adjust. Because women have to sacrifice." We were in the cooking room of her family's home that afternoon, and my voice rose more than I intended: Why must women be the ones to sacrifice, I asked, and the look Shobha gave me suggested that only one of us, at that moment, understood the world in which she lives. "Because our country is man-oriented," she said.
She has completed more than a year now of post–high school study: computer training, preparation for the police exams. I receive emails from her occasionally—her English is halting but improving—and recently my Jodhpur Hindi interpreter borrowed a video camera and sat down with her, on my behalf, in a city cafĂ©. Shobha said she was studying for the next exam. She had lodgings in a safe girls' hostel in the city. Her husband still called frequently. No gauna had yet taken place. She looked straight into the camera at one point, and in English, an enormous smile on her face, she said, "Nothing is impossible, Cynthia Mam. Everything is possible."
Two days after I received the video, a dispatch arrived from Yemen. Newspapers were reporting that a bride from a village had been dropped off at a Sanaa hospital four days after her wedding. Sexual intercourse appeared to have ruptured the girl's internal organs, hospital officials said. She had bled to death. She was 13 years old.
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Forced marriage in the UK: hidden from view
ReplyDeleteSajda Mughal, 29 November 2011
Marriage shall be entered into only with the free and full consent of the intending spouses.” Universal Declaration of Human Rights, Article 16 (2)
Forced marriage is a serious issue in the UK. The Forced Marriage Unit (FMU) received 1063 reports of possible forced marriages in the first six months of 2009 – an increase of 25% on the same period in 2008. The majority involved families of Pakistani background, with the rest originating from other parts of South Asia, Middle East, Europe & Africa. Nearly 40% of the cases dealt with by the FMU concerned people under the age of 18 and women and girls were the victims in 85% of the cases. And the numbers keep rising: in 2010 there were 1,735 potential forced marriages involving British citizens.
Recognising the need to address the issue of forced marriage, in 2007 the UK government passed the Forced Marriage Civil Protection Act “to make provision for protecting individuals from being forced to enter into marriage without their free and full consent and for protecting individuals who have been forced to enter into marriage without such consent; and for connected purposes.” The FMU was established as a joint-initiative of the Foreign and Commonwealth Office and the Home Office.
However, the current government treats forced marriages primarily as an immigration issue, which underestimates the true extent of the issue. This approach does not tackle the fact that forced marriages are happening in the UK but remain a hidden problem. According to a report published by the Home Office Communications Directorate “with a small number of exceptions, none of the relevant service providers keep detailed figures on the number of cases of forced marriage they deal with”, which directly undermines genuine attempts to establish methods of successful intervention.
There are various challenges in combating forced marriages. Misconceptions about forced and arranged marriages prevail in the UK, and it is crucial to stress that an arranged marriage is one where both parties consent to the union, whilst a forced marriage is one where one or both parties are under physical or psychological pressure to enter the marriage. Various religious misconceptions about forced marriage need to be challenged, because contrary to popular belief, no religion endorses this practice. In Islam there are Hadith’s (practices) that condemn forced marriages and highlight that the consent, in particular a woman’s consent, must be sought.
Forced marriage is still a taboo subject in Asian and Muslim communities, one which few are willing to discuss outside their cultural environment, and one that must be challenged in order to deal with the many cases of forced marriage that stay hidden. In our experience the FMU figures do not reveal the extent of the problem. In the last three years, JAN Trust has consulted with nearly 1,000 Muslim and Pakistani women and 85% of them said that a forced marriage had occurred in their family (or they knew of individuals who had been in a forced marriage) and that the individuals involved were unhappy. Over 90% felt that a project was needed which specifically targeted the Asian and Pakistani communities. As one woman told us," forced marriages are not discussed in the Pakistani community. It is sad because they lead to bigger problems and ruin people’s lives. Something must be done…our community needs educating”. ...
read the rest of the article at:
http://www.opendemocracy.net/5050/sajda-mughal/forced-marriage-in-uk-hidden-from-view
Afghan child bride tells of 'torture' by in-laws
ReplyDeleteAGENCE FRANCE-PRESSE DECEMBER 31, 2011
KABUL - An Afghan child bride Saturday spoke of how she was tortured by her mother-in-law who locked her in a toilet for six months, beat her, pulled out her fingernails and burned her with cigarettes.
Sahar Gul, 15, is recovering in hospital in Kabul, her face bruised and swollen, her skin still bearing the marks of her ordeal, barely able to speak.
Police have said she was locked up when she defied her in-laws who tried to force her into prostitution. Her brother had sold her to her husband about seven months ago for $5,000.
"For several months I was locked up in toilet by my in-laws and particularly my mother-in-law," she managed to tell media in a frail voice during a visit from Afghan health minister Dr Suraya Dalil.
"I was denied food and water. I was tortured and beaten."
The minister said it was an example of "increased cases of violence against women in Afghanistan".
Women continue to suffer in Afghanistan despite billions of dollars of international aid which has poured into the country during the decade-long war.
Dalil said Gul was suffering from severe blood loss, with multiple burns and injuries.
"She is also suffering from trauma and psychological problems," she said.
"She is still a child, below the legal age of marriage. She is only 15 and from a remote part of the country. It's a tragic and heartbreaking story for Afghanistan."
The teenager was found in the basement of her husband's house in the northeastern Baghlan province late on Monday.
Her family, from the neighbouring province of Badakhshan, had reported her disappearance to the police after being denied access to the home.
Three women including the girls' mother-in-law were arrested over the case but her husband fled.
The Afghan Independent Human Rights Commission logged 1,026 cases of violence against women in the second quarter of 2011 compared with 2,700 cases for the whole of 2010.
And according to figures in an Oxfam report in October, 87 percent of Afghan women report having experienced physical, sexual or psychological violence or forced marriage.
Gul's case comes after a woman known as Gulnaz was pardoned and released earlier in December after spending two years in prison for "moral crimes."
She was jailed after she reported to police that her cousin's husband had raped her. Gulnaz gave birth to the rapist's child in prison.
In November, the United Nations said that a landmark law aiming to protect women against violence in Afghanistan had been used to prosecute just over 100 cases since being enacted two years ago.
http://www.canada.com/news/canada-in-afghanistan/Afghan+child+bride+tells+torture+laws/5932632/story.html
Moroccans demand change to Islamic penal code after girl, 16, kills herself because judge forced her to marry her RAPIST
ReplyDeleteBy LEE MORAN, Daily Mail UK March 14, 2012
Angry Moroccans are demanding a change to the country's strict Islamic penal code after a 16-year-old girl killed herself after being forced to marry her rapist. An online petition, a Facebook page and countless tweets expressed horror over the suicide of Amina Filali, who swallowed rat poison on Saturday in protest at her marriage to the man who raped her a year earlier. Article 475 of the Moroccan penal code allows for the 'kidnapper' of a minor to marry his victim to escape prosecution, and it has been used to justify a traditional practice of making a rapist marry his victim to preserve the honour of the woman's family.
'Amina, 16, was triply violated, by her rapist, by tradition and by Article 475 of the Moroccan law,' tweeted activist Abadila Maaelaynine. Abdelaziz Nouaydi, who runs the Adala Assocation for legal reform, said a judge can recommend marriage only in the case of agreement by the victim and both families. 'It is not something that happens a great deal - it is very rare,' he said, but admitted that the family of the victim sometimes agrees out of fear that she won't be able to find a husband if it is known she was raped. The marriage is then pushed on the victim by the families to avoid scandal, said Fouzia Assouli, president of Democratic League for Women's Rights. 'It is unfortunately a recurring phenomenon,' she said.'We have been asking for years for the cancellation of Article 475 of the penal code which allows the rapist to escape justice.'
The victim's father said in an interview with an online Moroccan newspaper that it was the court officials who suggested from the beginning the marriage option when they reported the rape. 'The prosecutor advised my daughter to marry, he said 'go and make the marriage contract'," said Lahcen Filali in an interview that appeared on goud.ma Tuesday night.
In many societies, the loss of a woman's virginity outside of wedlock is a huge stain of honour on the family.
In many parts of the Middle East, there is a tradition whereby a rapist can escape prosecution if he marries his victim, thereby restoring her honour. There is a similar injunction in the Old Testament's Book of Deuteronomy
Morocco updated its family code in 2004 in a landmark improvement of the situation of women, but activists say there's still room for improvement. In cases of rape, the burden of proof is often on the victim and if she can't prove she was attacked, a woman risks being prosecuted for debauchery.
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ReplyDelete'In Morocco, the law protects public morality but not the individual,' said Assouli, adding that legislation outlawing all forms of violence against women, including rape within marriage, has been stuck in the government since 2006.
According to the father's interview, the girl was accosted on the street and raped when she was 15, but it was two months before she told her parents. He said the court pushed the marriage, even though the perpetrator initially refused. He only consented when faced with prosecution. The penalty for rape is between five and 10 years in prison, but rises to 10 to 20 in the case of a minor. He said Amina complained to her mother that her husband was beating her repeatedly during the five months of marriage but that her mother counselled patience.
A Facebook page called 'We are all Amina Filali' has been formed and an online petition calling for Morocco to end the practice of marrying rapists and their victims has already gathered more than 1,000 signatures. The incident throws more light on the way women are treated in Islamic countries. Last year a woman in Afghanistan, 21-year-old Gulnaz, was jailed for 'adultery by force' after she was brutally raped by her husband's cousin. Her attacker was jailed for seven years for the crime that left her pregnant. A global outrage saw the President of Afghanistan personally pardoning her and releasing her from Kabul's Badam Bagh jail, with no pre-conditions.
http://www.dailymail.co.uk/news/article-2114884/Moroccan-girl-16-kills-judge-forced-marry-man-RAPED-her.html
Protesters in Morocco demand reform of rape laws after teen girl's suicide
ReplyDeleteFrom Khalid Fakhar, for CNN March 17, 2012
Rabat, Morocco (CNN) -- Demonstrators rallied Saturday in Morocco's capital, demanding the North African nation reform its rape laws following a teenage girl's suicide after her father said a judge mandated that she marry her alleged rapist -- allowing him to stay out of jail.
Amina Filali, 16, died suddenly last week in Larache, a city in northwestern Morocco along the Atlantic coast. Her father, Lahcen Filali, told CNN that she was with her new husband when she "fell into street (and) started vomiting."
By the time an ambulance arrived, the father said, "It was already too late."
The girl died hours later at a Larache hospital.
The state-run MAP news agency reported that Amina Filali had committed suicide, the stark nature of her life and death spurring hundreds to turn out for Saturday's protest in front of the nation's parliament.
Lahcen Filali told Moroccan newspaper Hona Press that his daughter had ingested rat poison, doing so after her husband had severely beaten her.
Police told CNN only that they were investigating the teenager's death, but didn't provide further details.
Even so, the circumstances of her case have triggered outrage in Morocco, especially from women's rights advocates.
"This girl was (in essence) raped twice, the last when she was married," government spokesman Mustapha El Khalfi said Thursday, referring to the initial reported rape and the fact she was forced to marry her alleged attacker.
The girl's father said he "did not want to accept this marriage," which some have said was pushed in order to protect the family's honor. But "my wife, my family and the court of the city of Larache" wanted the union to proceed, as it did.
"The judge decided he must marry her, and I had no opportunity to refuse the judge's decision," the father said. "I wanted to send (the eventual husband) to prison, and have my daughter stay with me until she became (an adult)."
Under Moroccan law, rape is punishable by five to 10 years of prison, with a sentence as long as 20 years if the victim is a minor, pregnant or disabled. But if the victim and the rapist marry, the attacker is no longer liable.
In this case, Amina Filali's husband was never formally charged with rape due to the fact the family signed an agreement in court, according to the girl's father.
"Through this law, the rape becomes legitimate," said Fouzia Assouli, president of the Moroccan advocacy group the Federation of the Democratic League for Women's Rights, of the fact that an alleged rapist can avoid jail if he marries his victim.
That fact has stirred anger and action in Morocco, including Saturday's demonstration in Rabat, which is about 170 kilometers (105 miles) south of Larache.
Protesters held up pictures of Amina Filali, held up banners and chanted in Arabic, "Let's ... end the marriage of minors."
Moroccan law defends "family morals, but does not take into account the right of women as a person," Assouli told CNN.
"The terrible story of Amina Filali gives us more strength to move forward," she added.
Morocco's government devoted much of its weekly meeting Thursday to reviewing the case.
"We need to study in-depth the situation with the possibility of increasing the penalties as part of a reform," said El Khalfi, the communications minister. "We cannot ignore this tragedy."
http://www.cnn.com/2012/03/17/world/africa/morocco-child-rape/index.html
Morocco protest against rape-marriage law
ReplyDeleteBBC News March 17, 2012
Several hundred women's rights activists have demonstrated outside Morocco's parliament to demand the repeal of a law on sexual violence. Morocco's penal code allows a rapist to marry his victim if she is a minor as a way of avoiding prosecution.
A 16-year-old girl, Amina Filali, killed herself a week ago after being severely beaten during a forced marriage to her rapist. The protesters held signs saying, "The law has killed Amina".
The parents of Amina Filali were at the protest, says the BBC's Nora Fakim, in the Moroccan capital, Rabat. They say their daughter was pressured by a local court into marrying her rapist, who then abused her. She died after swallowing rat poison on 10 March.
Her case has shocked many in Morocco. Women's rights groups have started an online campaign to have the law - article 475 - repealed. A Facebook page called "We are all Amina Filali" has been set up.
"What we have witnessed is scandalous. We have had enough. We must change this law, we must change the penal code," said Fouzia Assouli, the president of the Democratic League for Women's Rights.
Ms Filali came from the small northern town of Larache, near Tangiers. In poor, conservative rural areas such as this, it is unacceptable for a woman to lose her virginity before marriage - and the dishonour is hers and her family's even if she is raped, our correspondent says.
The legal age of marriage in Morocco is 18, unless there are "special circumstances" - which is the reason why Ms Filali was married despite being under-age. A judge can only recommend marriage if all parties involved agree - but activists say pressure is often applied to the victim's family to avoid a scandal.
Ms Filali's father said that when he reported the rape of his daughter, he was advised of the option to marry by court officials. "The prosecutor advised my daughter to marry. He said, 'Go and make the marriage contract'," Lahcen Filali told an online newspaper, goud.ma.
Campaigners are also calling for the judge who allowed the marriage and the rapist to be jailed.
Analysis - Nora Fakim
The protest is an attempt to change attitudes concerning sex before marriage, especially in cases of rape, where the woman can sometimes be regarded as the criminal rather than the victim in order to preserve the family's honour.
Fouzia Assouli, the president of the Democratic League for Women's Rights, says the removal of article 475 would be a step forward in changing conservative attitudes.
However, the protesters feel let down by the lack of response from the government and are furious at the justice minister, who has not been willing to open an inquiry into Ms Filali's suicide.
The demonstrators want women's rights to be respected, not violated, and they want to help poor women such as Ms Filali to be able to stand up for themselves.
http://www.bbc.co.uk/news/world-africa-17416426
Indian child bride marriage annulled
ReplyDeleteAGENCE FRANCE-PRESSE APRIL 25, 2012
JAIPUR - An Indian couple who "married" when aged just one and three have had their wedding annulled in a ground-breaking case activists hope will challenge the culture of child marriages.
Laxmi Sargara, 18, unknowingly wed her husband Rakesh, 20, in the desert state of Rajasthan 17 years ago after their families decided that when they grew up they would live together and have children.
In the first procedure of its type, the pair had their union legally revoked in the city of Jodhpur on Tuesday as part of a campaign against enforced child marriages.
"I was unhappy about the marriage. I told my parents who did not agree with me, then I sought help," Sargara told AFP. "Now I am mentally relaxed and my family members are also with me."
When she discovered that she was married, Sargara went for advice to social worker Kriti Bharti, who runs the Sarathi Trust in Jodhpur, a welfare organization that lobbies for children's rights.
Bharti negotiated with Rakesh, the groom, who only uses one name, and both families to persuade them that the marriage was unfair.
"Laxmi was married to Rakesh when she was as young as one-year-old. Now she is 18 and a few days back she was informed by her parents that she was married and she would have to go to her husband's house," Bharti told AFP on Wednesday.
"Hearing this, she got depressed. She did not like the boy and was not ready to go ahead with her parents' decision so she decided to refuse this marriage.
"It is the first example we know of a couple wed in childhood wanting the marriage to be annulled, and we hope that others take inspiration from it," Bharti added.
Rakesh, who works driving an earth-mover, at first wanted to press ahead with the relationship but was convinced by his wife's fierce opposition to agree that the marriage should be revoked, Bharti said.
Child marriage is illegal in India but remains common in poor, rural communities in which it is seen as improving the financial security of both families.
The girl often remains in her parents' home until she reaches puberty and is then taken amid great celebrations to her husband's family.
The annulment took place on the same day as the Akshaya Tritiya festival, a traditional date of mass child weddings.
On Sunday, villagers in Rajasthan attacked and injured at least 12 government officials who tried to stop a wedding of about 40 child couples.
http://www.canada.com/news/Indian+child+bride+marriage+annulled/6515454/story.html
Tajik Parents Tried For Forcing Underage Daughters Into Marriage
ReplyDeleteBy RFE/RL's Tajik Service May 02, 2012
KHATLON, Tajikistan -- Six sets of Tajik parents have gone on trial for forcing their underage daughters into marriage.
Local officials in the southern Khatlon Province said the criminal cases against the parents were launched amid what they called a "worrying rise in early marriages."
If found guilty, the parents would face a maximum penalty of five years in prison.
In Tajikistan, the legal age for marriage is 18.
Official divorce rates are high in Tajikistan, and according to Khatlon officials at least 50 percent of marriages end in break-up.
The authorities link the high divorce rate -- especially among young couples -- to early marriages.
They say the ongoing trial should serve as a "warning" to other parents who consider forcing their underage daughters into marriage.
Local Islamic leaders in the predominantly Muslim country say they agree with the authorities' campaign.
http://www.rferl.org/content/tajik_parents_tried_for_forcing_underage_daughters_to_marry/24567957.html
also see:
Tajikistan government prosecuting parents for violating children's right to education without religious indoctrination
http://religiouschildabuse.blogspot.ca/2011/04/tajikistan-government-prosecuting.html
Shafilea Ahmed honour killing witnessed by sister, court told
ReplyDeleteby Helen Carter, The Guardian May 21, 2012
The sister of a teenager who was murdered by her parents when she refused to agree to an arranged marriage saw the killing, a court was told on Monday.
Alesha Ahmed told police she watched her parents "acting together" during the murder of her older sister Shafilea Ahmed, 17, in September 2003, Chester crown court heard.
Their parents, Iftikhar Ahmed, 52, a taxi driver, and his wife Farzana, 49, deny murdering Shafilea, whose badly decomposed remains were found near a Cumbrian river in February 2004.
Alesha, now 23, told police what happened in August 2010, when she was arrested for her part in a robbery at the family home in Warrington, Cheshire, the court heard.
Prosecution barrister Andrew Edis QC described the information as the final piece of the jigsaw; until then there had been no direct evidence linking the parents to the murder.
He said it was an extraordinary thing to accuse your parents of murder, to say "you were there and watched your parents murder your sister".
He said for the past "almost nine years, Alesha Ahmed had lived under the most extraordinary of circumstances", as had the whole family. There are three younger siblings.
Alesha had told friends about the killing between September and December 2003, but she soon retracted her comments and returned to the family home where she was brought back into "silence and denial". It must have been a great strain because of her divided loyalties, Edis said.
The court heard that during a trip to Pakistan in February 2003, Shafilea had been introduced to a cousin whom her parents wanted her to marry. She drank bleach at her grandparents' house in Pakistan, which her mother had claimed was a mistake during a power cut.
Edis said there was no way anyone would pick up a bottle in the pitch black of a bathroom and drink from it. As soon as she drank it, she screamed. It was, he said, a self-destructive act or one of serious self-harm. He also questioned why the trip to Pakistan did not involve marriage if her father only bought a one-way ticket for his daughter.
Shafilea was taken to Warrington hospital for emergency treatment when she returned home in May 2003.
A patient who asked her why she had drunk bleach was told: "You don't know what they did to me there."
Edis said Shafilea told the patient her parents had accepted a formal offer of marriage from her cousin and "that is why she drank the bleach". Edis said: "She didn't even like the guy, she wanted to get out of there but they had taken away her passport."
On Monday,, poems written by Shafilea were read to the jurors. One was called Happy Families and the other I Feel Trapped, in which she expressed her frustration about her family's concerns over honour and said she felt trapped. "I don't pretend like we're the perfect family no more," one of the poems said. "All they think about is honour."
She was murdered, Edis said, because she failed to conform to her parents' wishes and they embarked upon a campaign of domestic abuse after she allegedly "brought shame" on the family.
Shafilea's remains were identified by DNA and she was wearing westernised clothing – white stilettos – and her hair had been dyed red. By her clothing, the prosecution said, she was "seeking to demonstrate something of her independence and freedom".
She was described as a Westernised young British girl of Pakistani origin at the beginning of the murder trial.
The prosecution said her parents had standards that she was "reluctant to follow". In particular, like most 16- or 17-year-old girls she wanted boyfriends, which caused intense pressure on the family. Her parents controlled her so she did not have freedom of movement, Edis said. She ran away briefly from home in 2002 and early 2003.
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ReplyDeleteIn February 2003, shortly before the trip to Pakistan, Shafilea was "recaptured or abducted" by her father outside the gates at Great Sankey high school in Warrington, where she was a pupil. She was forced into the car after she had run away.
In the year before she died, the prosecution said, her parents "embarked on a campaign of domestic violence and abuse directed at her and designed to force her to conform so that she behaved in a way that was expected.
"The defendants had spent the best part of 12 months trying to crush her will, realised they were not going to succeed and finally killed her because she had dishonoured the family and brought shame on them."
Edis said Shafilea went missing on 11 September 2003, but it was not reported to police until a week later. "Not by a member of her family, but by a teacher."
The prosecution alleges she was murdered by her parents at the family home on the night of 11 September.
Edis said arranged marriages were acceptable in many communities, but forced marriage was different. The defendants wanted an arranged marriage for their daughter but "in the end it was going to require compulsion because she didn't want to do it".
Shafilea had been "appalled" by the prospect of an arranged marriage in rural Pakistan. When she returned to the UK, she was taken to hospital as an emergency case and needed regular treatment.
He said no one else had caused Shafilea distress "apart from her parents". The prosecution claims they withdrew money from her bank account that she had saved from a part-time job.
Edis questioned the couple's behaviour following Shafilea's disappearance, not reporting it to police or attempting to find her. Iftikhar switched off his mobile phone and there were no calls made from the landline to try to find her, unlike two previous occasions when she was missing and they repeatedly phoned her.
The Ahmeds put their house on the market within two days. Iftikhar told a potential buyer they were moving to Lancashire "because the daughter had brought shame on the family", Edis said. He added it was a surprising observation to make "if she had simply run away from home".
The police were told of a potential sighting at a chemist's in Glasgow in November 2003 following public appeals. The couple were shown CCTV footage and said they were 90% certain it was Shafilea, whereas her teacher said it was definitely not.
Months later when the body was identified, the Ahmeds issued a brief statement talking of their beautiful and irreplaceable daughter, which contrasts with their conduct in the previous September, when the prosecution say "they did nothing at all" after her disappearance.
Edis told the jury that Shafilea's father had been married to a Scandinavian woman, Vivi Anderson, whom he had a son Tony with. In 1986 he married Farzana in Pakistan because Iftikhar "felt the pull of his family" and loyalty. When his uncle told him that it was time to marry Farzana, he complied.
Alesha Ahmed is expected to give evidence on Tuesday. The case continues.
http://www.guardian.co.uk/uk/2012/may/21/shafilea-ahmed-killing-chester-crown-court