Verdict against jirgas
BY freezing the jirga verdict, the Supreme Court has sent a clear message to tribal chiefs that horrendous customs like vani, swara and karo-kari that are being committed against the fairer sex should not be allowed to exist. Taking suo motu action against the verdict of a jirga, which was held by some lawmakers of the PPP in Jacobabad district, the learned chief justice categorically stated that such inhumane practices are not permitted in any law and the jirga verdicts have no grounds. The Supreme Court also issued a directive to district police officers that such practices have no legal or religious endorsement.
Vani and swara are totally non-Islamic practices; they existed before the advent of Islam. Vani is when a girl, held by her wrist, is handed over to a panchayat by the elders. Swara means a girl is given as compensation to the aggrieved family in a murder committed by either her brother, father or even an uncle.
Human rights groups and educated people have long been pressing the government to legislate against vani and swara but due to the feudal attitude of our lawmakers these laws were not allowed to be implemented.
When our democratic institutions are thronged by feudal chiefs and sardars who themselves conduct jirgas in their localities, how can one expect that they will legislate against these vices as they would ultimately restraint their own powers and influence on the poor people. According to a report, more than 80 per cent of National Assembly members are feudals while the remaining 20 per cent reached the assembly at the behest of the feudal class.
Now that our judicial system is acting proactively, there is a ray of hope at the end of the tunnel. Education among the people plays an important role in reaping the full benefit of this judicial activism. Poor and down-trodden uneducated people often fall victim to such kinds of atrocities, while an educated person can challenge the verdict of the jirga. Secondly, it is also the need of the hour to strengthen the lower judiciary so that the people’s confidence in it can be restored. The lack of access to justice is the prime reason people turn to panchayats and jirgas in the first place.
In the end, I’m sure that the jirga system can be eliminated if the media plays its role responsibly as it did in the case of Mukhtaran Mai. Credit goes to the press and electronic media who brought that episode to light so that the accused could get the punishment they deserved. The media should continue to highlight these injustices to bring it to the notice of judiciary as the parliament cannot be expected to legislate against jirgas.
TAHIR MEHMOOD PANWAR
Multan

