Police have arrested a 41 year old man in connection with a case in which a 12 year old minor was sexually abused in the island of Naavaidhoo in Haa Dhaalu Atoll.
The man was arrested while he was on Neykurandhoo Island in Haa Dhaalu Atoll.
Police said the man had previous records of homosexuality, child abuse, and assault.
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(0)The Criminal Court has acquitted six men charged with the gang rape of a minor, on the grounds that the prosecution was unable to offer sufficient evidence to prove they were guilty.
Abdulla Nazeef of Fuvamulah, Mohamed Shifau of Villimale’, Azim Ali from Dhigurah in Alif Dhaalu, Hoodh Mohamed of Male’ special registry, Inash Abdulla of Gaafu Dhaalu Vaadhoo and Ali Ashraf of Maafannu Athuma were charged with the sexual abuse of a minor by a group.
The Prosecutor General’s Office pressed charges against the six suspects on allegations that on June 5, 2010, they abducted a 14 year-old girl, took her to an abandoned area near the Villimale’ antennae area, and raped the victim.
The Criminal Court stated in its verdict that the state had charged the six men under the Special Provisions for Perpetrators of Child Sex Abuse Act of 2009 but had not produced enough evidence as required by the law to declare a person guilty.
According to local media, the court’s verdict stated that the suspects were acquitted as the state had not presented the required number of witnesses to the incident.
The verdict also stated that all the defendants had denied the charges.
According to local media, two of the accused – Abdulla Nazeef and Mohamed Shifau – are among the suspects charged with the murder of Ahmed Mirza Ibrahim.
In April 2011, Mirza Ibrahim was struck in the head with an iron bar while he was sitting inside a park in Villingili, the ward of Male’ where he lived.
Mirza suffered severe head injuries in the attack and was rushed to Indira Gandi Memorial Hospital (IGMH), where he was placed on life support but later declared brain-dead.
(0)Dislikes(0)Head of the Police Child Protection Department, Chief Inspector Hassan Shifau, has said police are searching for Mausoom Abaas of Hunaru in Maafannu Ward in connection with the gang rape of a 16 year-old girl in February.
Police first sought public assistance in locating Mausoom Abbas in mid-February.
Yesterday (May 29) Chief Inspector of Police Hassan Shifau issued a video interview regarding the case and said that on February 12, a 16 year-old girl was gang raped by four men, three of whom had since been arrested. The fourth was yet to be located, he said.
Shifau stated that Mausoom was on the police service’s list of the 50 most dangerous criminals, with a record of 16 criminal offences ranging from drug related crimes to assault and robbery.
The three already arrested over the gang rape were aged 18, 19 and 22, and all had previous criminal records, he said.
According to Shifau, the victim had marks on her body that indicated she had been sexually harassed when she came to the police to report the case.
He also said that the DNA samples taken from the clothes she was wearing that night matched with the DNA samples of the persons arrested.
Police have not revealed details of the case nor have they identified the three arrested in connection with the matter.
(0)Dislikes(0)Maldivian NGO Advocating the Rights of Children (ARC) launched the website for HOPE Campaign against Child Abuse and announced its partnership with telecommunications company Dhiraagu for an upcoming fundraising road race event on May 7.
The website will provide “easy access” to information in four key HOPE Campaign areas in both Dhivehi and English. The campaign is focused on helping children ‘heal’, the importance of ‘outreach’, ways to ‘prevent’ abuse, and how to ‘empower’ children against abuse.
To support the NGO’s advocacy and awareness efforts, ARC will hold a “run to make a difference road race” in partnership with Dhiraagu, with 100 percent of the proceeds used for child protection programs.
(0)Dislikes(0)The High Court appeal case for a 15 year-old rape victim sentenced to flogging and house arrest after she was found guilty of fornication began today (April 29).
The 15 year-old was convicted of premarital sex at the Juvenile Court on February 26 and sentenced to 100 lashes and eight months of house arrest, after confessing to fornication with another man. The confession was made during a separate investigation which was launched following the discovery of a dead baby buried in the outdoor shower area of her home.
The High Court trial that began today (April 29) was not open to the public, as the presiding judge exercised the authority to exclude the public “where the interest of juveniles or the victims of a crime so require”, as stated in Article 42 of the Constitution, according to local media.
High Court media official Ameen Faisal told local media that the Human Rights Commission of Maldives (HRCM) had also intervened in the case.
The victim’s state-appointed attorney filed the appeal with the High Court on April 1.
At the time, former Attorney General Aishath Azima Shukoor told local media the case had to be appealed because the Juvenile Court had taken statements from the witnesses in violation of procedure.
Shukoor also said the Juvenile Court ruling was in violation of Islamic Sharia as it had not considered psychological reports produced to the court.
Additionally, the child’s defence claimed her testimony was taken in violation of constitution and the charges against her were filed in violation of criminal procedure.
Sources from the girl’s island of Feydhoo in Shaviyani Atoll previously told Minivan News that concerns had been raised by islanders since 2009 that the minor was allegedly the victim of sexual abuse not just by her stepfather, but an unidentified number of other men on the island.
In June 2012, the girl gave birth to a baby which was later discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder. Her mother was meanwhile charged with concealing a crime and failing to report child sexual abuse to the authorities.
Council heads and senior civil society figures have slammed the judiciary, state authorities and welfare groups over their systemic failure to protect the 15 year-old girl.
Sentencing controversy
The 15-year-old’s case has brought international attention to the Maldives’ legal system, including the launch of an online Avaaz.org petition signed by over two million people that has threatened to put pressure the tourism industry. The sentencing of the minor has also come under high-profile public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.
President Mohamed Waheed Hassan Manik’s government previously criticised the verdict, pledging earlier this year to review the use of flogging as a punishment for sexual offences – a practice it alleged in some cases actually serves to punish victims of rape and abuse.
Following the Juvenile Court’s ruling in February, Waheed stated on his official Twitter account: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”
However, the religious Adhaalath Party (AP) – which largely makes up the ranks of the Islamic Ministry and with which President Waheed’s Gaumee Ithiaad Party (GIP) entered into a coalition in March – endorsed the sentence.
“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” read a statement from the party.
“If such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath,” the Adhaalath Party stated.
Inadequate child protection measures
A Maldivian children’s rights NGO recently criticised child protection measures currently in place as “inadequate”, while urging government authorities to incorporate several key human rights obligations into domestic law.
NGO Advocating the Rights of Children (ARC) told Minivan News earlier this month that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.
ARC claimed that provisions outlined in the CRC had not been fully adopted by the state into domestic legislation, thereby limiting the promotion and protection of child rights.
“The recent case of a 15-year old girl, whose rights were violated and abused by her stepfather is a clear example of how domestic judicial and legal mechanisms failed to address and rectify the violation over a substantial period of time, at different levels,” ARC said.
“This is a situation where an individual complaint to the UN Committee could hold the government accountable even if the ‘domestic remedial system’, including judicial and legal mechanisms, fail to address the issue of abuse.
“Ratifying this optional protocol will help protect the rights of children as it could help reduce the number of cases in the Maldives where a lack of legislation, clarity and commitment to international human rights law allow serious injustices to proliferate,” ARC added.
Meanwhile, neglect and abuse of children were reported to have increased to an “alarming level“, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment (April 7) that would transfer parental guardianship of children in cases of negligence.
Earlier this year, ARC called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims. The NGO also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.
(0)Dislikes(0)Children’s neglect and abuse have increased to an “alarming level”, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment that would transfer parental guardianship of children in cases of negligence.
The Ministry submitted the amendment to the president’s office Sunday (April 7), which would allow for strict legal action to be taken against neglectful parents, and guardianship to be transferred within the principles of Islamic Shari’a, according to local media.
Acting Gender Minister, Attorney General Aishath Azima Shakoor, said 59 cases of child sexual abuse were reported to the Gender Ministry in March and 37 of the abused children were transferred into state care.
She urged politicians and journalists to give more attention to the problem since “cases of neglect and abuse of children have increased to an alarming level”.
The number of babies abandoned after birth is also increasing, according to Minister of State for Gender and Family Dr Aminath Rameela. She noted “with dismay” that this “is being done by people with good jobs”.
Shakoor emphasised that “strict legal action” will be taken against parents who neglect their children.
“This is a situation the whole [Maldivian] society needs to take care of. Things need to be done to rehabilitate these children back into society,” said Shakoor.
“Non-profit organisations and private individuals should assume the responsibility of taking care of children who are abandoned by their parents until the children can be taken under the care of the state,” Shakoor added.
She said that close to 80 children were currently in the Villingili island orphanage ‘Kudakudhunge Hiya’ and that parents visit with gifts, but their children are “sad” the visits are brief.
The Ministry of Gender, Family and Human Rights, as well as the President’s Office were not responding to calls at time of press.
Problems with state care
The Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal previously stressed to Minivan News that the number of incidents occurring at state institutions caring for children were greatly concerning.
“Incidents are occurring repeatedly. Children under the care of the state need a safe environment; it’s a concerning issue.
“The fact is there is no special shelter or place for girls in trouble with the law. HRCM has raised the issue several times – both the need for education as well as psycho-social support and counselling,” Tholal added.
He said the Maldivian government has a responsibility to protect children from being “systemically” victimised, and once the state has been notified, children should not be put back in a situation of neglect or abuse.
“Vulnerable children are often from difficult families or are abandoned and are victimised over and over again. Currently [government] support is haphazard, and we are not properly equipped. A safety net needs to be established,” stated Tholal.
In March 2013, the Maldives’ Gender Ministry admitted transferring two children from the Villlingili island orphanage ‘Kudakudhunge Hiya’ to the Centre for People with Mental Disability on the island of Guraidhoo, without determining if they were in fact special needs children.
Earlier in March, police returned seven underage girls who escaped from the ‘Kudakudhinge Hiya’ orphanage on Villingili, otherwise known as Villi-Male’. Local newspaper ‘Haveeru’ reported another two girls who escaped from the orphanage were found on a ‘bokkura’ – a small local vessel – in the lagoon near Villingili with two boys.
In January 2013, an incident occurred where two underage females living in the Villingili orphanage were arrested and sent to Maafushi prison.
The parliamentary committee investigating their arrest learned that all concerning authorities had neglected their duties and responsibilities to protect the rights of children.
In 2011, police arrested a female staff member working at the Villingili children’s home, after she allegedly physically abused a boy living in the centre.
In October 2010, the Maldives Police Service and the Health Ministry commenced a joint investigation into “serious issues” concerning the mistreatment of children at Kudakudhinge Hiya, the only orphanage in the Maldives
Children’s rights
Tholal explained that the only other institutions for children are for boys, the Maafushi island Education and Training Centre for Children (ETCC) and Feydhoo Finolhu, a Correctional Training Centre for Children run by the Juvenile Justice Unit (JJU) of the Ministry of Home Affairs and the Maldives Police Service’s Child Protection Unit.
Acute staffing and budget shortfalls combined with the lack of children’s rights education and the exclusion of children’s feedback have “deprived [residents] of their liberty”. Staff caring for the children are often excluded from important decisions impacting children’s quality of life at the facilities, a recent HRCM report stated.
The report, ‘Child Participation in the Maldives: An assessment of knowledge’, highlights numerous participation and protection policy deficiencies putting Maldivian children at serious risk of harm.
(0)Dislikes(0)The defence lawyer for a 15 year-old rape victim who was sentenced to flogging after the Juvenile Court found her guilty of fornication, has appealed the case at the High Court today.
Attorney General Aishath Aziam Shukoor told local media today (April 1) that the case had to be appealed because the Juvenile Court had taken statements from the witnesses in violation of procedure.
The Attorney General said the Juvenile Court ruling was in violation of Islamic Sharia as it had not considered psychological reports produced to the court.
The 15 year-old child was now under the charge of the ‘Kudakudhinge Hiya’ orphanage on Villingili, she revealed.
President Mohamed Waheed’s government has previously criticised the verdict, pledging in January to review the use of flogging as a punishment for sexual offences – a practice it alleged in some cases actually serves to punish victims of rape and abuse.
Sources from the girl’s island of Feydhoo in Shaviyani Atoll told Minivan News previously that concerns had been raised by islanders since 2009 that the minor was allegedly the victim of sexual abuse not just by her stepfather, but an unidentified number of other men on the island.
The case has brought international attention to the country’s legal system, including the launch of an online Avaaz.org petition signed by 1.7 million people that threatens to boycott Maldivian tourism, as well as public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.
In June 2012, the girl gave birth to a baby which was later discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder. Her mother was meanwhile charged with concealing a crime and failing to report child sexual abuse to the authorities.
On February 26, 2013, the 15-year-old was convicted of premarital sex at the Juvenile Court and sentenced to 100 lashes and eight months of house arrest, after confessing to fornication with another man during the investigation.
President Waheed’s stated on his official Twitter account at the time: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”
However, the religious Adhaalath Party (AP) – which largely makes up the ranks of the Islamic Ministry and with which President Waheed’s Gaumee Ithiaad Party (GIP) last week entered into a coalition – has endorsed the sentence.
“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” read a statement from the party.
“If such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath,” the Adhaalath Party stated.
(0)Dislikes(0)Attorney General (AG) Azima Shukoor has appealed a court decision to sentence a 15 year-old girl alleged to be the victim of multiple cases of sexual abuse to 100 lashes on charges of fornication, the government confirmed today.
The Juvenile Court sentenced the girl after she confessed to authorities of having consensual sex with an unknown man during investigations into a separate case of abuse against the minor. The abuse was alleged to have been carried out by her stepfather.
President Mohamed Waheed’s government has previously criticised the verdict, pledging back in January to review the use of flogging as a punishment for sexual offences – a practice it has alleged in some cases actually serves to punish victims of rape and abuse.
Sources on Feydhoo in Shaviyani Atoll, where the 15 year-old girl originates from, last week told Minivan News that concerns had been raised by islanders since 2009 that the minor had allegedly been the victim of sexual abuse not just by her stepfather, but by a number of other unidentified men on the island.
The case has brought international attention to the country’s legal system, including the launch of an online Avaaz.org petition signed by 1.3 million people that threatens to boycott Maldivian tourism, as well as public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.
In a statement posted on his website yesterday (March 26), Branson spoke of the “enormous damage” he believed the verdict was causing the country. As a result, Branson said he had written to President Waheed, who in turn claimed he had pledged to review the case through a ministerial committee.
“The attorney general has now appealed the case on behalf of the child,” Branson wrote.
Speaking to Minivan News today, President’s Office Spokesperson Masood Imad confirmed that the attorney general had now appealed the court’s ruling, but that he was still waiting on the exact details from the AG’s Office. Massod added that further details would be provided on the appeal later this week.
He was also unable to confirm if a time-line had yet been established for consultations between various state bodies to oversee any proposed reforms to the legal system.
Legal reform
The Maldives Constitution does not allow any law that contradicts the tenets of Islam, with the criminal charge of fornication outlined under Islamic Sharia.
However, Masood has previously noted that the Maldives had a tradition of turning away from practices such as the death sentence and corporal punishment that form part of Sharia law.
According to Masood, punishments such as removing the hand of a suspect in the case of theft had not been used since back in the 1960′s.
He maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.
Masood said that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.
Avoiding prosecution
A senior legal expert with experience of working under both the present and former governments has told Minivan News that that while the Maldives Constitution requires that laws in the country do not contradict Islamic Sharia, there were ways of avoiding prosecuting suspects on charges of fornication.
“There are many Islamic legal interpretations that place several conditions to fulfill before a prosecution on fornication be brought forward. Some scholars even go further and argue that hudood offences cannot be practiced in the legal justice systems at the current time,” claimed the legal source, who spoke on condition of anonymity.
“Their argument is that Islamic Sharia is a way of life and you cannot pick and choose which areas you need to implement. Basically, you cannot implement Islamic criminal justice system in its original form when Islamic commercial system or Islamic governance is not observed.”
Addressing the wider issues of how minors were identified and viewed in the eyes of Maldivian law, the legal source added that the culpability of children was identified in a regulation called ‘Kuda kudhin kuraa kushuge masala thah balai, thahugeegu koh, insaafu koh, adhabu dhinumugai amalu kuraane gothuge gavaidu’
The legal source said that the culpability of minors is specifically dealt with in section five of the regulations.
“According to section five, children above the age of 10 and below the age of 15 are criminally responsible for five offences, which are apostasy, treason, fornication, falsely accusing fornication and consumption of alcohol,” the source said.
“Children above 15 years are criminally responsible for their actions. With children who are below 10, parents are required to make good any damage because of a criminal act. There is no criminal liability for below 10.”
Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali had his phone switched off at time of press.
(0)Dislikes(0)The Maldives court on Tuesday sentenced a 15 year-old girl to 100 lashes and eight months’ house arrest, for having pre-marital sex with a man.
At any given time in the Maldives, thousands of female tourists are on the country’s beaches in bikinis, with their male counterparts. Many of them are straight and gay couples, married or unmarried, enjoying sex on rose petal-covered beds in water bungalows. For them, this chain of islands with white beaches and blue shimmering waters is a short escape to heaven.
While they enjoy a piece of paradise on a luxury resort vacation, just a few miles away 300,000 locals face the grim reality of a struggling democracy and increasingly radicalised interpretation of Islam.
Women and girls are bearing the brunt of this. Calling it sheer hypocrisy would be a gross understatement.
The 15 year-old girl is from Feydhoo island in Shaviyani Atoll, one of the 200 remote islands in the country with less than a thousand inhabitants. She was arrested last year on the island, when police discovered a dead newborn buried in an outdoor shower area in the yard of the house. The investigation uncovered a disturbing yet common reality in the capital and isolated islands of Maldives: sexual abuse.
The girl’s stepfather had been raping her for years. Her mother assisted this gruesome abuse by turning a blind eye and deaf ear to her pain and cries. When the girl became pregnant as a result of rape, they pulled her out of school afraid that the community would find out the family’s dark secret. They waited patiently for nine months, and killed and buried the newborn after delivery.
Soon after the baby’s body was dug up, the parents were arrested and charged with murder and abuse of a minor.
While any authority with professionalism and common sense would be expected to protect a child who has suffered such horrifying abuse and provide help of a psychologist, the Maldives police and prosecutors had a different plan.
On the contrary, the girl was arrested, interrogated and charged with fornication within a few months by the authorities. They claimed that she had confessed to having consensual sex with another man – not the stepfather. The identity of this man, who has not stood up, been found, arrested or charged to this date, remains a mystery.
And yesterday, despite the ongoing debates challenging the legitimacy in pursuing fornication charges against victims of child sexual abuse, the court issued its ruling to flog the girl 100 times. A conviction against her abusive step father, and neglectful mother is still pending.
This case is just the latest in a series of unashamed attempts by the Maldivian Sharia-Common Law based judicial system to punish sexual abuse victims, instead of providing protection and justice.
While, several in and outside the country are taking to the social media to condemn this ruling as morally wrong, cruel, degrading, and a violation of human rights and protection guaranteed to children and victims of sexual abuse under national and international laws, the police who arrested her, the PG office that charged her and the court which sentenced her have not even flinched.
In fact, shortly after reversing its decision to withdraw the fornication charges, the Prosecutor General stated that they have found “no substantial reason to withdraw the charges” and allowed the trial to continue. They repeatedly emphasised the case is “unrelated to the rape”. Furthermore, both the PG and courts repeatedly defended the decision in media, claiming that there is nothing illegal or wrong in this case.
Under Sharia Law, both men and women – adult and children alike – can be punished with 100 lashes and house arrest if they are found guilty of having pre marital sex or adultery. Of course, the tourists are exempted – they are free to have sex, eat pork or drink alcohol as much as they wish, on islands designated as “uninhabited”.
Flogging is the one remaining Islamic Sharia penalties that continues to be practiced in Maldives, despite the century old moratorium on other Shaira penalties such as stoning, capital punishment and cutting off hands. UN Human Right’s Commissioner Navi Pillay and other international organisation’s calls for the moratorium of flogging have been rejected by current and past governments, amid mass protests from conservative factions of society.
As with any other Sharia offence, fornication is only proved with a confession or four witnesses. Notably, ninety percent of those flogged are women, accordig to the 2011 Judicial statistics report. It revealed that out of the 129 sentenced to 100 lashes, 11 were minors – 10 girls and one boy.
However, in 2010, the parliament passed a legislation to prevent corporal punishment of children in sexual related offences and provide stringent punishments for child abusers, as a response to curb the widespread cases of incest and child molestation in the Maldives: one in seven children is reported to be a victim of sexual abuse. The legislation for the first time paved an easy road for the prosecution of child sexual abuse cases by reducing the Sharia-based burden of proof, which otherwise makes it impossible to prove the sexual offences without a confession or four witnesses.
This legislation, as part of the common law practiced alongside Sharia, set the precedent that no child below 13 can consent to sex and that any sexual relations will be deemed as child abuse. The same law also adds in clause 25 that no child between 13 – 17 can consent to sex either ,”unless proven otherwise”.
It must be noted that hundreds of children have been protected under this law, and several child rapists and abusers have been put behind bars for decades since it came into effect. However, in this specific case, the authorities report that the girl confessed to having consensual sexual relations, and that therefore it cannot be treated as a case of abuse.
But what is highly questionable is the failure by the state to provide a motive that can justify pressing charges against an abused victim, especially a child, with utter disregard to the mental trauma she has suffered in an endless cycle of abuse.
In the past, the court had sentenced a man for abusing a 16 year-old girl. However, the same girl was sentenced to 100 lashes and house arrest after being found guilty of confessing to having consensual sex with the same man who was found to have abused her. This conflicting ruling, stands out as clear evidence that fornication charges against minors in sexual abuse cases are being pursued by authorities, simply because its legally possible to do so with a confession, regardless of whether the victim is abused or not.
In the face of growing international pressure over such incidents, the government claimed in media that it would review and “correct” laws that victimise young women and minors who have suffered sexual abuse. However, no information was made public of any such attempts apart from this public condemnation.
Another issue worth noting is also the significantly low rape convictions in cases where the rape victim is an adult. Annual judicial statistics report show that in past three years, zero cases of rape have reached a positive verdict. This year alone, three rape cases have been reported,while 1 in 3 women aged between 15 – 49 are found to be victim of physical or sexual abuse – a statistic that is a reminder of a justice system that is failing women in every way possible.
According to Human Rights Lawyer Mohamed Anil, rape is defined as ‘forced fornication’ in the currently practiced outdated laws. The aforementioned legislation provides special provisions in child abuse cases, however, he explained, rape and sexual assault victims aged 18 or above, are denied justice because of the Sharia’s burden of proof – confession of the rapist or four male witnesses – is required to prove fornication, whether forced or consensual.
A state prosecutor once commented that proving rape is “next to impossible” despite the most prudent investigations, because the only two kinds of admissible evidence is never available. Both lawyers have said that this cannot be changed unless the amended penal code – which includes rape as an offence- is passed by the parliament, where it had been stuck for more than half a decade.
Alternatively, the parliament could pass the sexual offences bill submitted by MP Mohamed Nasheed. This bill defines actions to be taken against specific types of sexual offences, including rape, spousal rape, prostitution, sexual trafficking, bestiality and incest etc. While submitting the bill, Nasheed echoed the immense need for an updated legislation to deal with the modern day sexual offences to bridge the shortcomings, especially related to proof and evidence and leniency in the current legal structure.
Meanwhile, in recent years reports of infanticide and baby dumping have increased to alarming levels, as women and underage girls – including those who become pregnant as a consequence of rape – are forced to take desperate measures, such as self-induced abortions, infanticide or leaving babies abandoned. Such was the case with the 15 year old girl in question.
With an unforgiving system and laws stating that is a punishable offence to give birth outside of marriage, driven by a thirst to punish the victims rather than protect them, victims find themselves alone, helpless and forced to remain silent.
These are just a small fraction of the many deep-rooted gender issues in the justice system of Maldives, that ripple outward from the branches of justice system into the entire society.
In her recent visit to Maldives, UN Special Rapporteur on the independence of judges and lawyers issued a statement in which she commented “all members of the justice system should be sensitised to gender equality and women’s rights to make access to justice a reality for women in the Maldives.”
She also also expressed concern over low representation of women in the judiciary. There are currently no women sitting on the Supreme Court and only eight women sitting in the High Court, the Superior Courts and the Magistrate Courts. It is arguable that the gender issues in the system are arising due to lack of a diverse representation in the court benches and decision-making bodies.
When women and girls are stripped off their dignity and rights for having sex or being raped, it is not an issue that can be simply ignored. Meaningful action is needed by the authorities to remove the gender issues through legal and structural reforms, and prevent the culture of impunity currently enjoyed by sadistic perpetrators such as rapists and child molesters.
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