VANI: A BRUTAL CUSTOM

By:
MAHWISH MOAZZAM[1]

Almost four centuries ago Shakespeare said ‘Alas, I am a woman friendless, hopeless’[2] but this dialogue still fits to Pakistani women when they are victimized under the name of traditions like ‘Exchange Marriages’; ‘Honor Killing’; ‘Marriage with the Holy Quran’; ‘Vani’ and alike. ‘Vani’, perhaps, is on top of the above mentioned fierce customs in which a girl, sometimes even minor, is forced to get married as compensation to settle feuds, usually relating to financial loss, sex corruption or murder, between two clans. These compensation marriages are known as ‘Vani’ or ‘Swara’ in different areas of Pakistan.

‘Vani’ is a Pashto word derived from ‘Vanay’ which means ‘Blood’.[3]The origin of this Unislamic and inhuman custom can be traced back almost 400 years ago when two ‘Pathan’ tribes of Mianwali fought a bloody war against each other. During that bloodshed, round about 800 people were murdered. At that time ‘Nawab of Tank’ tried to resolve the dispute. He called the ‘Jirga’, ‘Council of respected elders’, who decided the exchange of girls as brides in between both the tribes. They considered it the only way to resolve the dispute and both families turned into a Biradri.[4]

Unfortunately, the ‘Jirga’ and its decision (Vani) were adopted as a custom, a ruthless custom that has been ruining the lives of innocent girls for centuries. In ‘Vani’ a girl may become second or third wife of much older man under a marriage contract for which no dower or maintenance is considered. As a matter of fact, an unmatched marriage in a rival clan proves to be detrimental for a girl who becomes slave for rest of her life as a punishment for the offence not committed by her.

‘Jirga’ or ‘Panchayat’ is an informal dispute resolution mechanism that has existed in Pakistan for centuries. It works as a parallel judicial system, the decisions of which are not protected by any law of Pakistan[5].Still they havebinding authority among respective tribes and families and any violation could bring horrible consequences.

‘Vani’ is a social evil being unislamic, illegal and callous in nature.Islam does not allow a forced marriage. Quran says ‘for men there is reward for what they have earned, (and likewise) for women there is reward for what they have earned.[6] Similarly, in another place it is clearly stated ‘And no bearer of burdens shall bear another’s burden, and if one heavily laden calls another to bear his load, nothing of it will be lifted even though he is near of kin’.[7]So in a so called Islamic state,how a girl can be forced to get punished for the offence of her male relatives.  Likewise, The Holy Prophet also clearly indicated that ‘a woman should not be married till she is inquired for this agreement’.[8] But ‘Vani’ marriages are a fact in which neither the consent of girl is necessary nor she is the offender of which she is punished.

‘Vani’ is not only against the injunctions of Islam but it is a throbbing violation ofinternational laws relating to human rights such as Universal Declaration of Human Rights, 1948[9], Universal Islamic Declaration of Human Rights, 1981[10], Cairo Declaration on Human Rights in Islam, 1990[11]and The Convention on the Elimination of all Forms of Discrimination against Women.[12]It is a crime[13] and desecration of rights guaranteed under Constitution of Pakistan, 1973.[14]

We are living in 21st century which is supposed to be liberal, enlightened and reformist but the scenario is utterly different in Pakistan particularly with respect to women who are often treated as commodities of the yester years to settle disputes. It is a dilemma that not only the Government is reluctant but NGOs, having so many cries about women rights, are also not serious at all. Despite numerous religious, ethical and legal principles, noncompliance is a dot on the face of society.

Government and the NGOs should sincerely come forward to eradicate such customs. In this regard, following reforms are needed on crucial basis so as to protect the lives of hapless and innocent girls:-

a.         Elimination of poverty and illiteracy in order to exterminate bargains of girls;

b.         Efforts must be made to transform the age old ‘Jirga’ system in to the universal law of the State;

c.         Awareness and effective implementation of legal rights through all possible means be given priority;

d.        Steps be taken to the uplift of poor women through nationwide crash educational programs;

e.         It is to be ensured that the trust of litigants be restored upon judicial system and they be encouraged to resort to courts rather than ‘Jirgas’;

 


[1].       LLM. MA., LLB (pb); Incharge Academics / Faculty Member at Superior College of Law, Lahore.

[2].       ‘King Henry the Eight’, by William Shakespeare, 1601.

[3].       www.wikipedia.com last visited on 18 august, 2014 at 03:00 pm.

[4].       ‘Vani a social evil’ by Anwar Hashmi/ Rifat Koukab, Published in ‘The Fact’, a magazine for hard investigation reporting, Issue No. 10, on 10 July, 2004. www.fact.com.pk last visited on 02 September, 2014 at 10:00 am.

[5].       Except ‘the Frontier Crime Regulations, 1901’ which legalizes the Jirga system in Federally Administered Tribal Areas of Pakistan.

[6].       Sura Al Nisa (The Woman) No. 4, Holy Quran.

[7].       Sura Al Fatir (The Originator) No. 35, Holy Quran.

[8].       Sahi Bukhari, Kiatb un Nikah, Hadith No. 5138, Maktaba Rehmania, Lahore, Pakistan, Page 94.

[9].       Article 16(2), Marriage shall be entered into only with the free and full consent of intending spouses.

[10].      Article 19(i), No person may be married against his or her will.

[11].      Article 6(a), Woman is equal to man in human dignity, and has her own rights to enjoy.

[12].      The Convention on the Elimination of all Forms of Discrimination against Women, adopted in 1979 by UN General Assembly.

[13].      Section 310A, ‘Whoever gives a female in marriage or otherwise compel her to enter into marriage, as badal-e-sulh, wanni, or sawara or any other custom or practice under any name, in consideration of settling a civil dispute or a criminal liability, shall be punished with imprisonment of either description for a term which may extend to seven years but shall not be less than three years and shall also be liable to fine for five thousand rupees; and

          Section 366A, ‘Whoever by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine’,Pakistan Penal Code, 1860.

[14].      Article 4, ‘No person shall be compelled to do that which the law does not require him to do; Article 9, ‘No person shall be deprived of life and liberty save in accordance with the law’; and Article 25, All citizens are equal before law and are entitle to equal protection of law. There shall be no discrimination on the basis of sex etc.