Across
the globe, the tribal jirga system has been looked at with a critical eye.
Despite it being an orthodox method of solving disputes, its main flaw as seen
by feminists is its patriarchal base. The council largely consists of men and
women are kept out of the decision making process.
In
cases of “Kara Kori” or adultery, the women are not allowed to present themselves
in front of the council even if the punishment is as severe as a death penalty.
She must rely on the testimony of her male relatives to prove her innocence. Despite
such rules, women continue to defend the Jirga system even today.
The
discrimination against women is one of the reasons why the Jirga system was
banned in 2004 in Sindh. However, legislation only had its effect on paper.
This outlines that the Jirga system serves a function that the federal or
provincial level cannot provide. Furthermore, using the same approach, the elders of
the Jirga play a role that the representatives of the government fail to undertake.
3 comments:
Jirga has and will continue to exist in certain parts of the country as it appears to be the only viable option for the residents of the area to find solutions where the government fails to take responsibility and settle their disputes, However, i would further add that jirga's are even called for small domestic issues which cannot be otherwise contested in courts.
Whether it should be allowed to function or not is a different question altogether but i believe that the government should undertake steps to make the judicial system efficient so that there is no need of jirga's.
Even though the federal and provincial justice system is ineffective,i don't think this merits the replacement of this system with an even more ineffective and biased system.The fact that jirgas continued to exist even after they were banned in sindh is a reflection of the weakness of the government to enforce the law and not a reflection of the validity and endurance of the jirga system.Moreover,the reason most women continue to "support"the jirga system the power structures in tribal societies tends to prevent them from raising a voice against the injustices committed by the jirga.
The jirga system is undoubtedly flawed and I agree with Rija's comment that the women who support the system are stuck within the confines of the power structures that exist within tribal societies. That being said, local forms of justice are needed, especially when the state is unable to provide legal protection or coverage across the country.
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