Wednesday, February 11, 2015

Session 5: Jirga, a conflicting system of justice

Jirga System in Pakistan seems to have very conflicting public opinions. On one hand people living in urban areas believing in liberalism have disdained this system of justice but on the other hand those living far away from metropolitan cities still have confidence on this centuries old system to resolve their disputes. Both the factions are right to some extent.
Like every other system in Pakistan Jirga system also has its shortcomings. When it comes to punishing and announcing verdict against the guilty, men are mostly left off the hook and the punishments are endured by the close female relatives and sisters of the culprit. There is no women member in the Jirga cabinet so it does not represent the whole society of that particular place. Moreover, there is no one in the cabinet to speak for the women and this more often leads to such harsh decisions like of declaring thirteen girls vani to settle a tribal feud. Jirga is a 5,000 years old tradition so it is deeply rooted in the minds of tribesmen. That’s why it can never be eradicated. It is wise to make this system better rather to exterminate it from the society and from the brains of people. This can only be achieved by implementing some reforms such as 1) Jirga cabinet should have representation of youth, women and minorities. 2) The local government should be officially informed about its members so that in case of crisis the government should know who to blame for being guilty. 3) The verdicts of Jirga can be challenged in district and session courts so those who does not agree with verdicts can go to court for justice. 4) Punishments a Jirga can give must be defined and women, children should not be used to settle disputes between people.

The reason, why Jirga system should not be abandoned is because the judicial system in Pakistan is corrupt and inefficient. It takes years to reach the logical end of cases. But people always want immediate response and justice. Judicial system cannot reach to grassroots level. In order to fill this gap this Jirga system is needed to follow up and solve people’s daily lives disputes. It’s an old cherished tradition for them and old habits die hard so it should be modified not demolished.

1 comment:

Naush said...

I think that some of the reforms you listed are quite good and perhaps some will get implemented in the years and decades ahead. Also, I think that traditional beliefs can fundamentally changed, see for example the end of sati in India. If the jirga system outlasts its utility - although this is a big if - then it could whither away. But even if it doesn't go away, some reforms are needed, particularly in regards to women's issues.