25 September 2004	Saturday	09 Shaban 1425

ISLAMABAD, Sept 24: Eminent constitutional expert and politician Abid Hassan Minto on Friday said the tribal jirga and panchayat systems existed due to the prevailing outdated socio-economic system in the country.

He held the ruling clique responsible for what he called the existence of the jirga and panchayat systems, which were parallel to the prevailing judicial system.

The jirga and panchayat systems always had a tacit support of successive governments and politicians and continue to exist despite a constitutional and judicial system in place.

"Arbitrary and undemocratic governments in the past and present have supported these illegal and unjustified systems," said Mr Minto during his presentation on "Tribal Justice, Parallel Judiciary and Human Rights".

The discussion was arranged by the Centre for Democratic Development of the Human Rights Commission of Pakistan. Mr Minto informed the audience, comprising legislators, civil society representatives, political and human rights activists and law officers, how the outdated and mediaeval tribal judicial system had authorized one person or a group of people with little knowledge of law to give death and other sentences and set social, cultural and political norms.

Among those who attended the discussion included Senator Farhatullah Babar, MNA Kunwar Khalid Yunus, former law secretary Dr Faqir Hussain, Dr A.H. Nayyar and Lady MNAs from NWFP.

These jirgas and panchayats, legal or non-legal, have been manned by Maliks, Sardars and feudal lords, by authority who owned large pieces of land and controlled socio-economic activities of the poor people living off their lands.

"These feudal lords are highly influential and control decision-making processes, parliament and determine societal norms whether good or bad," he said. To make matters worse, Mr Minto said, the jirgas had gradually infiltrated into the life of the people and had now been accepted as a "legal exercise".

He said in jirga and panchayat systems women and down- trodden people had no access to justice and influential was always benefited. "The feudal mentality has pervaded the modern urban life. MNAs, senators and ministers have supported jirga and panchayat systems as it helps them perpetuate their authority in their areas.

The tribal jirga system has now been institutionalized," the left-wing politician said. "Jirga and panchayat systems will remain in place as long as feudal and tribal systems continue to exist despite being declared unlawful by a high court."

Karo-kari and killings in the name of honour were murder cases and not beyond the law of the land. Mr Minto regretted that those who had responsibility to eliminate these social scourges themselves were part of the feudal and tribal systems and protecting it.

He urged the legislators to frame new laws to eradicate this parallel system of justice. Panchayats have been held in Punjab by so-called modern societies where people had been killed and women gang-raped.

Mr Minto said the practice had become more violent now than ever before and horrible incidences of honour killings and massive human rights violations in southern Punjab and Sindh were highlighted in the national and international media.

"While the civilized world demands an end to death sentence, we in Pakistan have endless debates on how to kill a human being." Mediaeval mind-set interpreters of Islamic principles and teachings have added fuel to the fire and are equally responsible for encouraging these barbaric and inhuman practices, he remarked.

"Courts have failed to deliver justice to the common man. Unless justice is done this parallel judiciary system will flourish and the common man will continue to accept it," said Mr Minto and added that the system of dispensing justice was unfair as political structures and democratic institutions were weak and almost non-existent in the country.

The representatives of the people have also failed to organize and mobilise the people who were suffering and take solid steps for abolishing this illegal practice. The jirga and panchayat system must be abolished to steer the country out of feudal and tribal systems, which has been a source of grave human rights violations.

He was of the view that there were two types of jirgas: one legal and the other illegal. Legal jirgas have legal cover and these are part of the tribal society in tribal belt and their decisions can be challenged in higher courts but the panchayats in other parts of country held by powerful feudal lords having absolute authority depict the mediaeval era.

Answering a question, he said British rulers used feudal lords for their interests and strengthened the feudal system in the South Asian subcontinent. He was of the view that these social evils could not be eliminated only through legislation and stressed the need for creating awareness in the society to abolish this system.