THE Supreme Court of Pakistan has passed a remarkable judgment by declaring jirgas illegal throughout the country.

There is a long history of women’s movement behind this judgment.

In 2012, constitutional petition No 48 was filed by the then chair of the National Commission on the Status of Women (NCSW) with retired justices Kailash Nath Kolhi and Majida Razvi as its legal counsel.

Two hearings were held when the then NCSW chair and the respective members’ tenure ended.

In 2013, Khawar Mumtaz, the then incumbent chairperson, pursued the petition which later was clubbed with another petition.

It took 10 long years for the petition to go through the process. This required patience and perseverance.

There is no doubt that the Supreme Court judgment is remarkable as it declares jirgas illegal in criminal matters. It is clarified that jirgas can mediate in civil matters between two parties but cannot step into any criminal case like penalising couples for marrying of their free will or stoning to death people or resort to ordering shameful acts like ordering the rape of an alleged criminal’s womenfolk or giving them in wani.

All sections that raised their voice against these injustices deserve congratulations.

The NCSW should now work with relevant departments on the implementation plan.

Anis Haroon

Karachi

Published in Dawn, January 19th, 2019