tayyaba case

What a justice granted by our lower judicial machinery that very generously granted bail to the alleged culprits of torturing Tayyaba, a 10-year-old girl who was forced to serve as a housemaid at the residence of an additional district and sessions judge in Islamabad.

Our very inept judicial system instead never questioned that how come a ten-year-old kid could be employed at the first place. It is only dismayed to learn how swiftly our system could discharge justice if the alleged offenders belong to the ones responsible for granting justice themselves. What an ironic orchestration of events that every element of the society – from top to bottom and every nook and corner – corroborate in immense tenacity to demonstrate its ‘by now’ almost intrinsic colonial oriented servitude since the subject under question is influential in our unjust system. From police station to the witnesses, from court paralegals to the lawyers – anyone and everyone in our society would have left no stone unturned in helping the powerful to cross over the labyrinth of any sorts even if convicted, let alone the mere allegation.

What a pity cesspool of headless demonized character and bigoted people we are…! One remains only oscillated between picking up what seems more despicable … the performance of institutions that are bestowed the mandate to provide access to justice or the society that interacts only under the complex laws of concocted individual interests. I am unfortunately not an exception too.

The judicial system, however, seems to espouse this bloody race. From a macro level standpoint, we only learn about the mounting figure of subjugated cases lying in pendency all across the courts, be it lower or higher indiscriminately. The backlog is too horrendous for one to believe. No one in this land of pure, where the servants of public are granted a far more pretentious stature of being lords, questions that who is responsible for this blatant underperformance and criminal negligence of duties. The quality of judgments ascended every day is another saga. One could only be falling head over heels to notice that how two courts of one system i.e. lower and superior could be at poles apart while ascending judgment on any one given case. Let the God be our savior.

Tayyaba’s case is classical from a lay man’s point of view. One should first wonder that if the country’s law strictly prohibits child labor by clearly defining age brackets for apprenticeships and soft work, what our judicial system lacks regarding information, knowledge and then capability to question a sheer violation in this case. This is especially an ironic example because the alleged subject enjoys being in the closest proximity of an official who is designated to interpret the state law. Since the unfortunate incident of torture took place at the residence of the [so called] HONORABLE judge, nevertheless, the judge sharing the same premises should have been charged too. But how anyone in this place of pretentious holy beliefs could undermine the value of patronage and kinship? What anyone would be looking forward as rewarding to stand with the poor victim? This will yield nothing in the eyes of their deity. They only fear that their disdain from this cruelly constructed societal order could fetch a wrath that may come later from the power lords or lest they lose blessings.

It is utterly incomprehensible that why in our country we couldn’t make this underperformed institution accountable and pen some vital reforms to it. The point here is not to make a case for broader and deeper legal changes, performance monitoring and accountability frameworks. These surely are pivotal to the problem solving and will evolve one day at last. The point is to ponder about our societal insensitivity lack of collective goodness. The problem lies in our fast deteriorating value system and weakening societal fabric hence. We prefer to choose an aloofness from the matters of mutual concerns.

Like several other social assets, children are our shared responsibility. How come we could close our eyes to notice that what a child of lesser fate might be experiencing the hardest of life moments … child labor, denial of fundamental rights not only health and education but a protected and playful childhood too. Countries having worked the highest level of the rule of law also observe precarious social crimes. However, the societies of public character do not show this level of dishonesty as collective social order, and some quarters do not wait for the legal system to charge the human violations and act in manners that prevent such heinous episodes. It is now than later that we all collectively disapprove this bigoted attitude towards all forms of crimes against children.