Vani (custom)

Rationale

Hashmi and Koukab claim this custom started almost 400 years ago when two northwestern Pakistani Pashtun tribes fought a bloody war against each other. During the war, hundreds died. The Nawab, regional ruler, settled the war by calling a jirga of elders from both sides. The elders decided that the dispute and crime of the men be settled by giving their girls as Qisas, a retaliatory punishment.

Ever since then, tribal and rural jirgas have been using young virgin girls from 4 to 14 years old, through child marriages, to settle crimes such as murder by men. This blood for blood tradition is practiced in different states of Pakistan such as Punjab, Sindh, Baluchistan and KPK and tribal areas. A report by Pakistan's Law Commission states that sharia principle of Qisas is the rationale for Vani.

Criticism

After the promulgation of the 1973 constitution, the Pakistani government, which made Sharia its prime legislative source, has forbidden and discouraged Vani as being un-Islamic and cruel.

Samar Minallah, a Pakistani activist and filmmaker, has criticized the practice. She notes that very often when there is a murder or a dispute, girls are given as compensation to the aggrieved party as reparation. The murderer gets away with his crime and one, or even more girls have to pay the price of the crime for the rest of their lives. Compensation marriages are largely accepted as a way of keeping the peace between tribes and families. However, under-aged girls torn from their homes in this manner often end up systematically abused and forced into a life of virtual slavery in the homes of their enemies.

Cases

In 2008, a long-running blood feud in a remote corner of western Baluchistan province that started with a dead dog and led to 19 people, including five women, being killed and was resolved by handing over 15 girls, aged between three and 10, for marriage.

In 2012, 13 girls ranging from age 4 to 16 years were forced into marriage to settle a dispute with an allegation of murder between two clans in Pakistan. The case was tried by elders from the two groups, with a member of Balochistan state assembly, Mir Tariq Masoori Bugti, leading the jirga. The jirga’s verdict included Vani, that is an order that the 13 girls must be handed over as wives to members of opposing group, for a crime committed by one man who could not be found for the trial. The sentence was carried out, and Bugti defended the practice of Vani as a valid means to settle disputes.

Numerous other cases have been reported. In 2011, for example, a 12-year-old girl was handed over as wife to an 85-year-old man, under vani, for a crime alleged to have been committed by the girl’s father. In 2010, another politician participated as a member of a ‘‘jirga’’ and ruled in favor of ‘‘Vani’’.

The custom of Vani is very common in many regions of Pakistan. The Supreme Court of Pakistan served suo motu notices in 2012 to help reduce and stop the custom.

As per June 2020, report in The Express Tribune, a Jirga (a type of quasi-Kangaroo court) attempted ruling to give up a 13 year old girl in marriage to a 41 year old married man as Swara (punishment) for her brother's alleged disliked relation with his cousin, the Jirga's attempt was foiled by a close relative of the boy with help of police.

Related customs

In Afghanistan, a similar custom is called Ba'ad, sometimes as Sawara.

References

References

1. cf. e.g. ''[[Samar Minallah]] v. Federation of Pakistan'', [http://www.supremecourt.gov.pk/HR_cases/11th%20final/CP16of2004.pdf Const.P. No. 16/2004] {{Webarchive. link. (2017-02-07)
2. (2013-10-19). "Vani: Pain of child marriage in our society {{!}} NewsPakistan.PK".
3. Nasrullah, M., Zakar, R., & Krämer, A. (2013). Effect of child marriage on use of maternal health care services in India. Obstetrics & Gynecology, 122(3), pp 517-524
4. [https://news.bbc.co.uk/2/hi/south_asia/4499028.stm Forced child marriage tests Pakistan law] Barbara Plett, BBC News (5 December 2005)
5. Bedell, J. M. (2009), Teens in India, Capstone
6. Nasrullah, M., Muazzam, S., Bhutta, Z. A., & Raj, A. (2013). Girl Child Marriage and Its Effect on Fertility in Pakistan: Findings from India Demographic and Health Survey, 2006–2007. Maternal and child health journal, pp 1-10
7. [http://fact.com.pk/archives/july/feng/vani.htm Vani a social evil] Anwar Hashmi and Rifat Koukab, The Fact (Pakistan), (July 2004)
8. Ahsan, I. (2009). PANCHAYATS AND JIRGAS (LOK ADALATS): Alternative Dispute Resolution System in Pakistan. Strengthening Governance Through Access To Justice
9. [[Pakistan Penal Code. PPC]] S. 310A inserted by [http://www.na.gov.pk/uploads/documents/1321335436_690.pdf Criminal Law (Amendment) Act, 2004 (I of 2005)], S. 7 and amended by [http://www.na.gov.pk/uploads/documents/1329729400_262.pdf Criminal Law (Third Amendment) Act, 2011 (XXVI of 2011)], S. 2
10. (2012-10-09). "Vani verdict".
11. (2008-06-04). "15 child brides used to settle Pakistan feud".
12. Pakistan Law Commission Report, {{Google books. kw3P0FZi9UsC. Banning the Tradition of Vani (Giving Female as Consideration for Compromise)
13. "Swara: The Price of Honour".
14. Amir, Intikhab. (2012-03-03). "Documentaries make social change happen".
15. Amin, Akhtar. (2006-11-13). "Swara practised with impunity in tribal areas".
16. "Virtual Slavery: The Practice of "Compensation Marriages"".
17. (2011-09-30). "Child marriage: 12-year-old girl given in wani to 85-year-old".
18. Richard, J. (2010). Women in Northern Pakistan-Protected by Tribe, Territory or Taliban. UCL Hum. Rts. Rev., 3, 236
19. Noor, M. J. (2004). Daughters of Eve: Violence against women in Pakistan (Doctoral dissertation, Massachusetts Institute of Technology)
20. Perveen, R. (2010). Violence Against Women in Pakistan: A qualitative review of statistics for 2009. Aurat Foundation.
21. (2020-06-13). "Jirga's attempt to give young girl in Swara foiled".
22. [http://peace.fresno.edu/docs/Pukhtoon_Jirga.pdf TOWARDS UNDERSTANDING PUKHTOON JIRGA] {{Webarchive. link. (11 September 2013 Hassan M. Yousufzai & Ali Gohar, Fresno University, {{ISBN). 969-8931-00-7
23. Alissa Rubin, [https://www.nytimes.com/2012/02/17/world/asia/in-baad-afghan-girls-are-penalized-for-elders-crimes.html?pagewanted=all&_r=0 For Punishment of Elder’s Misdeeds, Afghan Girl Pays the Price], New York Times, 16 February 2012