DAWN - Features; 26 October, 2004

Published October 26, 2004

Legalizing jirga system

By Abbas Jalbani

Kawish notes that a report on karo-kari presented in the National Assembly recommends death sentence for those killing women in the name of honour and a ban on marrying off girls to settle disputes. But, on the other hand, the Sindh government has decided to provide legal cover to the jirga system.

The daily points out that it is the jirga where karo-kari disputes are settled, often by marrying off a woman of the family of the accused into the family of the complainant. If both laws are promulgated, a conflicting situation will arise as it will become impossible to implement the federal law on karo-kari in Sindh where jirga verdicts will have legal validity.

The paper says that those behind the proposed Sindh law argue that private courts provide speedy justice. But the fact is that jirgas only succeed in settling disputes, and that too temporarily, and do not provide justice. The 'paid' judges of these courts deliberately leave the source of contention untouched to ensure that their business keeps on thriving.

Very often, Kawish adds, a settlement takes place through sacrificing innocent girls, in some cases minor ones. If a girl is married into an 'enemy family" to seek forgiveness for his brother, who is accused of murder, and consequently treated like a prisoner of war in her new home, can it be called justice? Can anybody deny that this is a flagrant violation of human rights?

The law of the land does not allow such courts or endorse such verdicts and considers them a crime. As murders in fake police encounters are deemed extra-judicial killings, so are such decisions extra-judicial verdicts.

If the Sindh government legalizes the jirga system, it will place jirga verdicts above the law.

Awami Awaz takes up the Badin incident, and alleges that Rangers' raided Ali Bux village and tortured fishermen and their womenfolk. However, when the villagers approached the police for an FIR against the Rangers personnel, some of them were arrested instead of being provided justice. The incident has led to protests not only in Badin and Thatta but also in Karachi and Islamabad.

The daily says that Rangers have been deployed in Badin to protect non-local fishing contractors after the contract system was opposed by fishermen. It adds that Sindh does not need Rangers and they have become a symbol of harassment. It argues that a political, not administrative, approach is needed to resolve problems faced by the province.

Commenting on the recent wave of tribal bloodshed, Ibrat sees police apathy and weakening feudal forces behind the trend. It contends that feuds strengthen the feudal system since they underline the importance of feudal lords.

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