Many people in rural areas rely on the jirga system. They are reluctant to use the formal judicial system mainly due to their mistrust in the police and courts. The jirga system does not follow a judicial procedure and women who are accused of honour crimes are not given an opportunity to be heard. The decisions of the jirga are considered final and there is no system of appeal if one is not satisfied with the decision.
If the government ensures that members of a jirga are fair, honest, unbiased and acquainted with the law, and there are suitable checks and balances on the powers of a jirga, this parallel judicial system may serve the people and help them gain access to speedy justice. The authorities should either abolish this de facto judicial system or take concrete steps to institutionalise it.
Qazi Fahad
Mirpurkhas
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