The jirga system was declared illegal and illegitimate by the High Court of Sindh on April 23, 2004.
The destiny of women and children in rural Sindh has long been dependent on the jirgas, which is a terrible fact. Disputes as minor as a stolen goat or as major as a land dispute are resolved by punishing the guilty family’s daughter. In many cases, the punishment consists of an organized rape of the girl or the marriage of a tiny girl to an elderly man.
Countless girls are subjected to treatment identical to that of Mukhtara Mai at the hands of the jirga, but they suffer in silence and accept it as their fate. Girls are used as collateral in rural Sindh to settle for a crime committed by someone else.
After meeting a sexual abuse victim, Sindh Child Protection Authority Chairperson Shamim Mumtaz arranged an out-of-court settlement and advised the family to seek a jirga. Instead of assisting the family in quickening the prosecution process, this was done. Shamim Mumtaz argued that because the lawsuit was not progressing, she recommended an out-of-court settlement because the wadera is the ultimate guardian. The illusion that this parallel judicial system of unlawful jirgas takes no time and is easily accessible has promoted feudalism, and the myth that it is less time-consuming and easily accessible is false.
ORDER OF HIGH COURT ON JIRGA SYSTEM
The jirga system was declared illegal, unlawful, and against the provisions of the constitution and the law of the land by the High Court Sindh on April 23, 2004. It was decided that jirgas do not have the authority to make decisions in criminal cases and that their intervention is a violation of the legal system. The jirga system was maintained alive by feudal lords, politicians, the police, and now the Chairperson of the Sindh Child Protection Authority. It appears that there was a collaborative effort to avoid reporting and recording crimes.
Laws have passed, but the victims received no remedy, and soon the press conferences and cameras were turned off. They even forgot the subject. Since the law has been passed, there has been no action plan, and no single child protection unit has been established at the district level. In addition, the provincial administration has failed to appoint child protection officials to pursue child protection issues.
NEED TO ENFORCE LAW IN SINDH
It is time for the Chief Minister Sindh to take notice of the illegitimate justice system, and for the Chairperson to take the law into his own hands and ensure that crime reporting procedures are in place. It is critical to reform the police so that victims of crime do not suffer for their reporting. It is necessary to reform the lower judiciary, the Sindh Child Protection Authority must be trained, and steps must be taken to restore public trust in the current judicial system.
To abolish the illegal practice of jirgas, the government must plan, amend, and implement constitutional provisions. It is not just the development of laws that is required, but also the Sindh government’s strong and long-term commitment to end this wicked system that denies justice to the poor.
CONCLUSION
It’s no surprise that the International World Justice Program has given Pakistan’s legal system a score of 120 out of 128. Its reform and a shift away from its anti-poor bias are critical for a conflict-free Pakistan and should be prioritized.
For the latest updates on business, sports, and lifestyle news in Pakistan follow Pakistan Observer. The best platform for all the recent updates on lifestyle in Pakistan.
