Is the local justice system a menace?

Despite zero legal status of panchayats, jirgas, they are considered to be sole dispensers of justice in rural areas.

Panchayats and jirgas have been prevalent in our society for a long time and despite their zero legal status, they are considered to be the sole dispensers of justice in the rural areas. This form of parallel   justice system draws its legitimacy from olden days when there were no courts and the people used to gather their elders and present criminals before them. However, with time, these panchayats have been ruled out and legal courts have taken their place.

Panchayats are limited to rural areas where people still prefer to follow stale traditions instead of turning to the courts to resolve their problems. Though we must agree that sometimes these local justice systems prove to be beneficial for the people, on most other times, they pass verdicts that are totally against the rule of law and the norms of society.  In the past year, dozens of incidents had been reported where young girls fell victim to unconstitutional verdicts, punished by the old traditions of vani and karo kari.

It must be remembered that even though these jirgas might be seen as systems which mete out speedy justice, they are not in the least impartial. Certain important people of the village are known to hold sway over the panchayat or jirga members and often, the panchayat gives a decision in favour of the party that has more influence over the area or on the panchayat members. There have also been incidents where these panchayats had gone horribly wrong. When either one of the parties finds the decision of the jirga to be against their wishes, they engage in a bloody campaign against both the jirga and the rival party.

Panchayats and jirgas are treated as legitimate institutions in almost every part of Pakistan. They are given different names in different areas but we must remember that despite the legitimacy vested in them by the locals, these systems do not hold any legal value.

We request that the government divert its attention to this pressing matter and take some steps to protect the lives of innocent citizens who may fall victim to these legal systems.

Published in The Express Tribune, May 5^th, 2014.