GOVERNMENT representatives must choose their words carefully; they should not appear to be taking a stance contrary to established law. However, Interior Minister Sheikh Rashid appeared to do precisely that on Friday. Addressing tribal elders during a jirga at the South Waziristan Scouts camp, Mr Rashid described the jirga system as an excellent alternative dispute mechanism and said that laws should be enforced in the region in accordance with local traditions. Perhaps the minister was simply trying to be gracious to his hosts, or maybe he indeed believes that jirgas have a role to play in delivering justice.

Whatever the case may be, the fact is that the Supreme Court in January 2019 declared jirgas/panchayats ultra vires the Constitution when they operate as adjudicative bodies in civil or criminal matters. The verdict stated they could function as arbitration, mediation, negotiation or reconciliation forums between parties to a civil dispute. However, the minister’s statement on Friday was a sweeping generalisation as to the functioning of jirgas. Moreover, there is one law for all, and it must take precedence over local traditions, not be subservient to them as he also seemed to suggest. After all, there are areas where women are disenfranchised as per ‘tradition’, or where swara/vani, the cruel custom of giving females to an aggrieved party to settle disputes is still acceptable. However, both practices are illegal and the authorities are becoming more effective at enforcing the law against them. By conceding anything to jirgas other than an extremely restricted role would be an irresponsible step. Such bodies, which completely exclude women even when standing in judgement in matters relevant to them, reinforce patriarchal social mores — often through brutal sanctions. There are numerous instances of individuals on the orders of jirgas even having been killed and women gang-raped in order to ‘avenge’ family ‘honour’. Now that constitutional rights have been extended to the tribal districts, the formal justice system must be strengthened there so that outdated mechanisms of so-called justice are weeded out.

Published in Dawn, June 7th, 2021