WOMEN ARE HUMANS, NOT COLLATERALS

For centuries, people in rural and tribal areas have taken their disputes to elders and accepted their decree without protest. It was convenient because everyone knew everyone else including the elders of the jirga. To this day, it is usually a relatively comfortable affair for many.

Courts on the other hand seem distant, indifferent and unfamiliar as they are presided by judges who have no link to the parties in the dispute. People think that the lawyers are strangers and therefore have no personal interest in the plight of an individual. In a jirga, the complainant and defendant both can appeal to the elders on a personal or family level, as everyone is somehow related or connected to each other. Even though courts provide many chances of appeal, people do not understand why this process is so slow and confusing. Also, many lawyers do not explain the process to their clients as they do not think they will understand the complexities of law. This convinced people to seek a judicial system they can understand, instead of a daunting one.

However, jirga, as an alternate judicial system, is a big problem as it clashes with the constitution and judiciary. They have their own jurisdiction, so it does not matter to the ‘parties’ or ‘judges’ if the verdicts are against the Laws and Constitution of Pakistan. They in their own right think that justice prevails. Studying some jirga’s verdicts in which women - who are not party to the dispute - are ordered to be raped/gang-raped or given to the other party as compensation for a sexual crime or murder committed by a male relative, is completely against the Fundamental Rights in the constitution.

Gul Shama Rind - a minor girl - was one of those unfortunate girls who became the prey of the jirga system. She was brutally murdered in Kirthar Mountain Range of Dadu District in Sindh. The child’s parents say she was killed in a landslide. However, witnesses claim that the young girl was stoned to death on the orders of a jirga and her body was hurriedly buried by her parents. Her story would have also been buried had it not been for a brave local journalist, Qadir Lashari, who broke the story. Lashari told The News on Sunday that an 11-year-old girl had been stoned to death on the orders of a jirga. ASI Ghulam Qadir Gopang registered a case that corroborated his story, after which the authorities came into action and a proper investigation began. The investigation is ongoing and it is still not clear what happened to Gul. A medical board preformed initial examination on her body after it was exhumed. The report revealed that the girl’s death was not by traditional stoning but her neck and jaw were broken and there were deep injuries on her nose and face.

You do not have to be an expert to see that these are unusual injuries for a landslide victim, as these would not be restricted to the head and neck region. She would surely have injuries on her limbs and torso. Nevertheless, until the cause of death is determined, there is no sure way to say how she met her death. Interestingly the victim’s parents are still standing by their initial statement. It is as if they are adamant to prove that their daughter died due to an accident. There could be several reasons for them to lie: they are afraid if someone powerful has ordered them to keep quiet. Alternatively, they are protecting a male member of the family and do not have any problem sacrificing a daughter.

The Constitution of Pakistan states in Section 9 about the ‘Security of Person’ in which no person shall be deprived of life or liberty in accordance with the law. Also, Section 25A mentions the “Equality of Citizens (I) All citizens are equal before law and are entitled to equal protection of law. (2) There shall be no discrimination on the basis of sex. (3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.” So one would ask, why does the jirga system still exist? What powers does a jirga have, especially as an alternate judicial system even though many sentences are against human rights bordering on cruelty?

This is where the responsibility lies on the jurists to study this alternative judicial system and try to bring everyone on the same side. The Constitution does not say jirgas are unconstitutional or illegal and instead recognises a jirga as an entity that exists in tribal areas. According to Section 247 of the constitution titled ‘Administration of Tribal Areas’ sub-section 6 states with reference to the President that “before making any order under this clause, the President shall ascertain, in such manner as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga.” Hence, lending importance to a jirga in the social fabric of the tribal areas.

Another reason for its existence is that it gives mostly free justice. Going to the court is expensive including various fees especially the high fee of lawyers. Moreover, Jirgas hold speedy trials and even faster judgements. The majority accepts these verdicts empowering the jirga to control the population. As the sentences are swift, no one objects to the cruelly inflicted in them.

Now it lies with the jurists and sociologists to work together to study these pockets of justice and hold a discussion with locals to begin work on amendments of this system. Eventually reaching a merger with the mainstream judicial system, or doing away with it all together.

In 2004, a single bench of Sindh High court has partially banned trials conducted by jirgas in Sindh, reiterating that anyone disregarding this order was in contempt. If the provincial and federal governments had taken the 2004 ban seriously 15 years ago, maybe Gul Shama would still be alive.

She cannot come back but she can get justice. And for this, the government has to work with jurists, sociologists and the civil society to work on a nationwide programme to streamline the judicial system, making it easier for people to come to court for speedy and affordable justice.

On the other hand, work has to be done to avoid further cases of minor girls and women losing their lives by talking about the importance of women’s lives and mental health with reference to the well-being of the whole society. Men have to be told that women are not property to be used to protect a male relative. They are not collaterals to compensate for a crime committed by another. Emphasis should be on the fact that women are equal citizens of the country with rights just like men.

The authorities have to consider this now so that minors especially girls and women do not fall prey to the archaic and powerful jirga system and die ‘accidental deaths’.