Beyond the Media Limelight an Afghan Woman Fights for Justice

At a time when international media attention was focused on the incident of a young girl being flogged by the extremists in Pakistan and protests were underway against a law regulating rights of Afghan Shiite Women, a young Afghan girl was battling for justice. Her battle is not yet over and surprisingly she is pleading her case in South Asia’s most vibrant democracy – India. Will Sabra Ahmadzai get justice?

 

Sabra Ahmadzai a 20 year Afghan girl worked as a Hindi translator at a hospital in Kabul. Major Chandrasekhar Pant, who was an Indian doctor stationed at the Kabul hospital, thrice approached Sabra’s family with a marriage proposal. Opposition was intense since Major Pant was a Hindu and Sabra a Muslim. In his ‘love’ for Sabra, Major Pant converted to Islam and the marriage was solemnized in December 2007. The fairy tale lasted for twenty days after which Major Pant was transferred back to India. He left with the promise of coming back to take his new bride home. In the next three months Major Pant called Sabra thrice and finally broke the news that shattered the young girl’s dreams. Major Pant was already married in India and had two children and he very kindly suggested that Sabra should now get married to someone else. It is sad to see that not only the extremists in Afghanistan but even educated nationals of other countries are using the disadvantaged position of Afghan women to serve their narrow interests.

Sabra’s ordeal of dealing with personal anxiety and social abomination had begun. According to Sabra, young men in her village mocked her by volunteering to marry her for 20 days. She was held responsible for trusting an India. She was even asked to consume poison as a means of ending her miseries. All this was despite the fact that Sabra had agreed to marry Major Pant under pressure from her family and village elders. Major Pant had earned the respect of her village folks though his medical services. Coming from a typical Afghan village where the concept of women’s rights is still a far cry, Sabra did the unthinkable. She travelled to India with the desire to confront her husband and the determination to get him punished.
Rather than forcing herself on Major Pant, Sabra gave him choices: either live with her in India or Afghanistan or divorce her before the religious clerics in Afghanistan. All the choices would establish the fact that Major Pant continues to deny – his marriage to Sabra. With the help of Delhi-based NGOs and Student’s Unions, Sabra has logged a FIR against Major Pant. Sabra possesses a copy of her marriage certificate and CDs of her marriage ceremony with Major Pant. Though the FIR has been logged in Pithoragarh (in Uttarakhand State of India) no case has been registered against Major Pant since the alleged act was committed beyond India’s jurisdictional confines.  In terms of judicial evidence Sabra’s case is strong but the Indian Army is conducting its own inquiry to validate her claims. Ironically it’s in inquiry in which the Army has neither contacted Sabra nor attempted to record her statements.
If Sabra’s case is proved Major Pant would be charged with bigamy, face imprisonment for 7-10 year and expelled form the Army. But Sabra realizes that her struggle is far from over and is planning to enroll in an under-graduate course in Delhi while she fights her case which could drag for years. Extension of her visa, which is due to expire soon, is another impediment in her struggle for justice.
Though it may seem otherwise, Sabra’s case is very complicated. It involves legal procedures of two nations and social customs of two religions. Decades of Indo-Afghan friendship at the government level adds a surcharged political dimension to the issue. Moreover, the Indian Army has a record of insulating its members from civilian complaints even if the objections are raised by citizens of India. In this particular case where a national of Afghanistan is accusing a member of the Indian Army, it is possible that Army’s responses will be highly precautionary. The case will be more of Sabra Ahmadzai versus the Indian Army rather than Sabra Ahmadzai versus Major Chandrasekhar Pant. The odds against Sabra are higher than she realizes.Â
The incident is not only a blemish on Indian Army’s high moral standing but also raises doubts on the value of India’s democracy. India has for long been considered as an oasis of democracy in the South Asian region marked by political instability and dictatorial regimes. Delay or failure to render justice to Sabra Ahmadzai would be a great setback to the movement of women’s empowerment and emancipation in South Asia and to India’s global standing.