Daily Times

Local elders of a panchayat (village council) in Multan ordered the rape of a 16-year-old girl as a punishment for her brother’s crime of raping a 12-year-old girl a few days back. In a separate incident in Chichawatni, a 14-year-old girl was given away by her family in Vani, but after the matter was reported by media, police took timely action and arrested the families involved. It is the third case within a week in Punjab in which panchayats have come up with anti-women decisions.

Whether the case is before a jirga or panchayat — women are most likely to be victims once the dispute is ‘resolved’. Is it an act of bravery to target the weak and use women as commodities to display so-called ‘honour’?

In the rural areas of the country, there are four formal and non-formal systems of adjudication namely Panchayat System Jirga, Sharai Law and the formal judicial system.

Jirga is the part of Pashtun tradition and is especially popular in Northern tribal areas and FATA and is used for resolving disputes of all sorts among individuals and groups. It comprises influential local people usually and since it’s a quick and easy dispute resolution mechanism, people prefer it for all sorts of disputes despite its informal status. The jirga composition doesn’t have a single woman even in the cases where females are involved. The entire process of decision-making is carried out by men. At times these jirgas not only justify domestic violence in the name of religion, but also use women as a commodity to sort out disputes.

The argument given by some of the supporters of this system is that jirgas are cost-effective and take less time to deliver their verdict unlike courts under the formal justice system of the country. But the fact is that decision making under the jirga system is also influenced by the powerful parties and the weaker group has to compromise. The verdict is given keeping in view the status of both the parties and true justice in such cases seems rare.

Whether the case is in jirga or Panchayat, a woman is most likely to be the victim once the dispute is resolved. Is it an act of bravery to target the weak and use woman as a commodity to exhibit the so called ‘honour’?

Awareness among people about the rights of women as equal human beings is missing, particularly in rural and tribal areas. It is really shocking at times that highly qualified boy from a rural or tribal area would share that his parents have ordered him to marry a girl who is neither his age nor educated enough.

Customs hold significant value in these communities and it is rare for the members to move away from the centuries-old traditions, particularly when it comes to women. All sorts of ill-treatment and persecution of women continue in these areas even in 2017.

We are a developing country, but the harsh reality of feudal system is still deep rooted. The influence isn’t limited to a particular area, but these feudal lords impact the political and bureaucratic system of the state as well.

Let’s educate the masses on fundamental human rights and acceptance of woman as a living human being and equal citizens of Pakistan. Punishments and speedy trials for those in power responsible for letting these parallel systems run are needed. Writ of the state must be strengthened along with rule of law in all and particularly the areas trapped in the Panchayats and Jirgas. Religious leaders and community elders can play a key role to sensitise the communities and clarify the difference between Islamic laws and so called customs and traditions Amalgamation of religion with tradition needs to be looked into by religious leaders, the academia and the community elders.

Masses should be encouraged to report such incidents/crimes against women. Incentives rewards can curtail and encourage the reporting to the formal judicial system. We must not forget the positive role being played by media here as through their efforts, at least the decisions are brought to the fore. Civil society has to come up with more concerted efforts. We have the example of Mukhtaran Mai and Khadija Sididiqui in recent days. They raised their voice against the unfairness and persecution they were subjected to and stayed resilient in the struggle until they were served justice. Rehabilitation of victims of unfair decisions of the jirgas is a must. Shelter homes counselling sessions to bring them back to normal life are needed. A series of very strong efforts can curtail such incidents which are bringing a bad name to Pakistan and portraying a negative image of our society.

The writer tweets as gul_shagufta

Published in Daily Times, August 4^th 2017.