The state is a combination of institutions. The judicial
system is a very important part of the state. The state exercises a uniform
code of conduct under which people are liable to be responsible. Coercion which
is another valuable tool of the state is also accompanied by the usage of the
judicial system. A jirga however exercises its own rules with elders deciding the verdict by how they perceive a
problem.
Viewing a state where the system of jirga is in place one
can clearly see the impact. The faith in the judiciary system would be lost.
Keeping in mind that the judiciary is one of the factors that keeps the government
in check, it could result in a problem. The very basis of the state was for the
people living under it to abide by the same sets of rules. This in turn leads
to a mechanism that is both effective and strong.
The advent of jirga in Pakistan is a sign of a weakness for
the state. It might provide a more faster form of justice but it promotes the
concept of vigilantism. If people themselves were to take the law into their
own hands, the very concept of a state is shattered and what is left is a state
of nature. The fact that people do not trust the judicial system clearly states
how the citizens do not trust the state in this regard. For a state to prosper
therefore I believe it is adamant that we find a way of correcting the judicial
system in a way that is more efficient
and satisfies the populace. A jirga (Improved or otherwise) should not be a
facet of the state.
2 comments:
The people have already lost faith in the current judicial system. The judicial organ has miserably failed in performing it's indespensible responsibility of bringing the people to justice and convicting the alleged in an efficient and a speedy manner.
There is no disagreement to the fact that the establishment of such sub-national systems of justice is an abhorrent measure, when viewed through the prism of constitutionalism. These systems of justice abridge the due process of law and to a great extent, the protection of fundamental rights.
Despite of all this, we cannot abolish the Jirgahs immediately unless the existing judicial system is improved and every citizen of Pakistan has restored faith in the judicial system. The ball is now in the judiciary's courts and it is their responsibility to shape the future of the country's judicial system.
I'm going to have to concur with Haris on this one, but I understand how the jirga system is a manifestation of state weakness as you point out Kamil. Good discussion.
Post a Comment