Jirgas banned? This is a question, if not all, many must have asked recently. On October 09, the Capital City Police Officer (CCPO) Peshawar issued an order in writing, sternly directing Station House Officers (SHOs) not to allow any “private jirga”. Copy of that order shortly made its way to social media. Unsurprisingly, it elicited both appreciation and condemnation simultaneously. It all prompted SSP Operations Peshawar into issuing a clarification. In his video message, he made it clear that it was not a blanket ban and that only jirgas being held without keeping local police in loop were of concern. While that episode is almost over, I felt the need to analyze the role of jirga system in Pashtun culture and how it has evolved into legally-backed Dispute Resolution Councils (DRCs) in Khyber Pakhtunkhwa over the years. For the first time, DRC was introduced as a pilot project in Gul Bahar police station of Peshawar in 2014. Later, it was expanded to different districts of the province. DRCs are governed under Article 73 of the Khyber Pakhtunkhwa Police Act, 2017. It operates exactly on the pattern of jirga system. Jirga has been an integral part of the Pashtun culture and its role in countless resolution of local disputes have been wonderful. Jirga members used to be people who not only enjoyed influence in their communities but they were people of flawless reputation as well. Sadly, this is not the case now! Today, any noble person hardly chooses to convene any jirga or become part of it. The reason is not that jirga is bad but the questionable role of its members.
There would be no exaggeration in saying that today majority of jirgas are convened and influenced by local goons.
There would be no exaggeration in saying that today majority of jirgas are convened and influenced by local goons. They help locals resolve minor disputes simply to gain their trust. Their aim is to validate their questionable role and increase their influence in their communities. With this, they become self-styled authorities. Later, such elements not only perturb locals but also try to dwarf state authorities. Their role from jirga organizers turn into mafia, becoming a daunting challenge for law-enforcement agencies & district administration. Beyond this, due to lack of oversight & accountability, such jirgas often make decisions that run counter to basic human rights and laws of the country. Many such jirgas have often made matters worse. There are examples that some have even ended up in violence when discussions turned hot. For instance, in November, 2020, in the Chota Lahor sub-division of Swabi, 08 people lost their lives during a jirga when discussions between the parties turned violent. In view of these facts, discouraging private jirgas is not a bad idea at all. It is wise to counter rogue agents of conflict resolution operating parallel to the legal framework. This effort should be complemented by making DRCs more effective. DRCs are making a positive impact but projection of their work is a rarity. Let’s consider, DRCs in Peshawar as a case study. There are six DRCs in Peshawar: Gulbahar, Gulberg, Hayatabad, Badaber, Hassan Khel and Mathra. Alone in the month of September, collectively 152 applications were received. 30 were women-related issues, 63 fell in the category of land-related disputes while 59 were miscellaneous in nature. 61 out of 152 disputes were resolved. This is not a small feat. What is needed now is that the impact DRCs make should be effectively projected online so that maximum people are familiarized with DRCs and how they function. Lastly, to make DRCs more public-oriented, the rules established to govern them must also be adhered to in letter & spirit.
The writer is a police officer with an interest in local social issues and international affairs. He tweets @Numanbacha20