Comprehending the Modes Informal Justice System in Pakistan Discovering the Future of ADR

Abstract

This paper discloses that the traditional informal forums functioning in Pakistan are not complementary to the justice system of the state. Due to the faulty formal legal system, the poor people of the state have turned to JirgaiPanchayat for relief working the geographical regions of Pakistan. It has been revealed that the traditional justice system is seen only through the upper crust. The verdicts given by the Jirga/Panchayat system are totally against the fundamental rights enumerated in the constitution and the human rights standards and laws. Article 8 clearly envisages that any law, custom, or usage having the force of law, is void if it contravenes with the fundamental rights of the citizens. The members of the JirgaiPanchayat are not susceptible to treat the culprit or victim in a right way. Women and children are used as medium for the settlement and conciliation of disputes. To take revenge from the rival tribe, the women are married off to alien households, without their consent which is violation of equal rights provided to the women and is also considered an offence under the Penal Code. The perpetrator of the panchayat/Jirga system also go scot free due to defective investigation and administration units. The intervention of the political leader in such systems shows that they have fai led to protect the citizens and to incorporate international human rights laws into domestic laws under international obligations. The system needs to abolished and the Alternate dispute resolution system need to be developed and transformed to meet the needs of the people and to decrease the number of cases the courts have to deal with. The newly made Dispute Resolution Councils in Khyber Pakhtunkhwa and Musalihat Anjumans need to developed in a way that people can approach these institutions with ease, and these forums can work as an asset for the disadvantaged communities living in the remote and rural areas of Pakistan.