Khadija Siddiqi: A Journey of Survival, Strength and Inspiration

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2023-03-07T13:33:29+05:00 Minaal Mohsin Maan
Khadija Siddiqi is a Pakistani lawyer and women's rights activist. She gained national and international attention in 2016 when she survived a brutal knife attack by a fellow law student, which resulted in her sustaining multiple injuries. Despite facing significant challenges and obstacles, Siddiqi persisted in seeking justice and ultimately succeeded in obtaining a conviction against her attacker in 2018.

Since then, Siddiqi has become a vocal advocate for women's rights and access to justice in Pakistan. She chose to pursue criminal law and has secured justice for women across the country. She has spoken at various forums both nationally and internationally, highlighting the challenges faced by women in Pakistan and the need for reforms in the country's legal system to address gender-based violence and discrimination. She spoke to TFT about her journey, the challenges she faced, how she faced them, and her unwavering resolve to ensure justice for victims across Pakistan.

Being stabbed 23 times is not something to be taken lightly and would have of course left you with a lifetime of trauma. Did you seek any therapy or psychological help to get past it? What drove you to move past the trauma and practice law instead?

K: The incident turned my life upside down. From preparing for my second year law exams, life took a toll and it was the surgical unit 2 of services hospital in Lahore. It was indeed a second lease on life, it may sound like a never ending nightmare to everyone but Allah swt gave me exceptional strength to recover and heal from the trauma. The sense of constant gratefulness for miraculous survival helped me to rise on my feet. My parents and friends were my biggest strength. There were days I'd moan in utter pain and helplessness but my parents' constant support was my only therapy. My mother has been a warrior since the way she stood behind me like a rock gave me all the zeal and motivation to begin life afresh.

Your attacker walked after a reduced sentence of 3.5 years, and unfortunately that is how most powerful men are treated here, they're let go of with a slap on the wrist. What is your opinion on this and as a survivor, how psychologically damaging do you think it is for a victim to see their attacker walk free?

K: My case went down in history, setting a positive precedent for the women of Pakistan. Women from all walks of life approach me now with their cases and tell me how my own case serves as an inspiration for them to fight their cases. I wouldn't comment on the quantum of punishment since that is a strictly legal issue. However, i feel exemplary punishment in violence against women cases acts as a strong deterrent. I rose from ashes and fought the legal battle for approximately 4 years. For over a year I was constantly made to believe it was a lost battle since the perpetrator could never be held accountable owing to the power dynamics involved. Nevertheless, it was the concerted effort of the voices of civil society, activists like Jibran Nasir, political workers and a handful of lawyers like Barrister Hassan Niazi and barrister Salman Safdar who fought the legal battle from the forefront.  The case was decided from the Supreme Court in my favour and I stood victorious.

By pursuing criminal law after going through such a traumatic event, you have undoubtedly inspired thousands of women across Pakistan. What pushed you to pursue this particular branch of law?

K: When I was fighting the legal battle there was not any senior female criminal lawyer who I could approach to handle my case. When I came back from London after completing my Bar-At-law I was continuously asked to refrain from pursuing criminal law, now that I am pursuing it against all odds, I see a vacuum for female representation in litigation, in courts, be it, courtroom staff or judges.

The entire journey taught me that there is an opportunity. An opportunity to help those, who, like me at that moment, wanted someone to speak up for them. I do concede that had it not been for this life-threatening experience I would have continued to live in a bubble, unaware, and disillusioned as to the sufferings of the disadvantaged and underprivileged segment of the society.

If you had to name one element that essentially drives the way women are discriminated against when they come forward to fight for themselves, what would it be?

K: "Character assassination & fear of victim blaming " The strongest deterrent, the only question I'm continuously asked by female clients is "will the defense lawyer ask me questions in an attempt to tarnish my reputation or character? " There is a lack of trust in the system, clients I routinely deal with are speculative. What if the judge is bribed, what if the police are bribed, what if the case prolongs to an unbearable extent. All these questions paint a gloomy picture but I tell them to stop believing hearsay and trust in the power of truth.

In your opinion, what role can the media play in ensuring justice for women across Pakistan?

K: Media was the driving force in my case. Media if used effectively can ensure proper investigation by police and in many cases a swift speedy trial. Public and media pressure in many cases recently however has had little impact since offenses which allow for compromise under our law end under pressure before the trial stage.

Seeing as how in the past we have seen that the system itself is designed in a way that does not favour women inside the courtroom, what are the challenges that you had to face in the beginning or even now, during your career as a criminal lawyer?

The recent legislation on the Anti-Rape Act 2021 has a long way to go in terms of its enforcement since many gbv courts lack the resources such as screens/E evidence facility etc. The stakeholders of the criminal justice system include the police prosecution and the judiciary. In many cases, blunders by police during the investigation stage, political/external influences, weak prosecution, witnesses resolving statements, delay in reporting matters, and procedural trial delays are some of the factors which result in low conviction rates. Witness protection is crucial to criminal trials and the fear to face their accused/perpetrator in court during evidence often surrender.

What message would you like to give to young women on their way to becoming lawyers and those who might feel intimidated while practicing it in Pakistan?

K: When I am approached by clients who tell me that they know I will not surrender to pressure from the opposing side nor will I bend down against their interests or mislead them, it brings me utmost humility and internal satisfaction. Further, when I am entrusted with their complete trust, it is an enormous responsibility, but I have a duty to uphold my duties to the court in administering justice and to work for each client's best interests.

I fervently believe that if you consistently put effort in preparation for your case, you can make your way to the top. As my mentor Justice Asif Saeed Khosa recently shared his key to success; integrity and hard work! The atmosphere of courts be it the trial court or the High Court can be intimidating which I feel is due to the low percentage in litigation. Your strength is in numbers, make your way to the courts so the fears of a male dominant fraternity goes.

 
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