The justice system in Pakistan has failed it's people in many ways, hence it is no surprise that people living in the tribal belts of the country, particularly the Pakhtun and the Baloch, have found an alternative to the Court of Law. Good or bad, the Jirga system provides for rapid and cheap justice as compared to the winding, expensive and time consuming legal system in Pakistan.
There is a common perception among the people in the country that there is a substantial link between the growing cases of violence against women and the tribal Jirgas, and this perception is not mislead. Jirgas are castigated for having minimal or no representation of women, the board of members is purely male in nature hence women rights are more often than not compromised. There is no check and balance in place to ensure that no laws are violated, therefore women are frequently subjected to atrocious, inappropriate and inhumane penalties. It is a norm in tribal Jirgas to barter females in order to resolve disputes between two parties, females are also often punished for crimes they are not responsible for. Last year, a Jirga in Darra Adam Khel ordered the execution of three women after one of them ‘dishonored’ the family. The girl, her mother and her cousin were shot dead in cold blood. Over a thousand females are killed each year in the name of honor, since these 'honor killings' are acted upon as a result of Jirga settlements and the Jirga legitimizes these heinous crimes, there is really no way to justify the use of this system.
Even though Jirgas are often the only form of justice available to people living in tribal areas, until certain boundaries are drawn and female representation is increased and their rights are protected, I believe their operation should be banned.
There is a common perception among the people in the country that there is a substantial link between the growing cases of violence against women and the tribal Jirgas, and this perception is not mislead. Jirgas are castigated for having minimal or no representation of women, the board of members is purely male in nature hence women rights are more often than not compromised. There is no check and balance in place to ensure that no laws are violated, therefore women are frequently subjected to atrocious, inappropriate and inhumane penalties. It is a norm in tribal Jirgas to barter females in order to resolve disputes between two parties, females are also often punished for crimes they are not responsible for. Last year, a Jirga in Darra Adam Khel ordered the execution of three women after one of them ‘dishonored’ the family. The girl, her mother and her cousin were shot dead in cold blood. Over a thousand females are killed each year in the name of honor, since these 'honor killings' are acted upon as a result of Jirga settlements and the Jirga legitimizes these heinous crimes, there is really no way to justify the use of this system.
Even though Jirgas are often the only form of justice available to people living in tribal areas, until certain boundaries are drawn and female representation is increased and their rights are protected, I believe their operation should be banned.
4 comments:
I agree that Jirgas need to be banned if justice is to prevail. However, the ban needs to be backed up by adequate law enforcement. The Sindh High Court declared jirgas illegal back in 2005, yet they still carry out their proceedings as usual. Until the law enforcement mechanisms are revamped in the tribal areas, and SHOs are no longer at the mercy of feudal lords, jirgas will continue to operate in one form or another.
So banning the system - and then enforcing the ban - sounds like an expensive proposition. How will this be funded? And what alternative will be put in place to provide justice in these areas?
The fact of the matter is that the Court of Law alone is not sufficient to provide a system of justice to people and places all around Pakistan. Not only is it costly, but also over burdened. Therefore, as I have mentioned above, Jirga's should be banned only if they do not abide by certain rules and boundaries drawn for them. What I meant by that is that the state should ensure that they operate in accordance to the laws laid down by the constitution of Pakistan. The state should maintain a check and balance on the Jirga's, and if they are found breaching the law, only then should their operation be banned in those specific districts.
Alternatively, the government will have to set up bodies in these districts that will provide a system of justice until the Jirga's are re-established in accordance to the Law. I realize that this proposition is difficult to implement, however I believe this is the only effective way to curb the issue at hand and is cheaper and less time consuming than alternative propositions.
Good points, though again I see implementation and cost as the two main obstacles to your vision.
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