Tribal Justice System in Sindh: case study of district Kambar shahdadkot

Abstract

Research about the Tribal justice system in Sindh: a case study of district Kamber Shahdadkot. This mechanism is famous and prevailing in our society because of its expeditiousness and effectiveness. Unfortunately the systematic procedure of formal justice system cO,uldn't fulfil the interests of parties, as it is time taking and expensive as well. However, the tribal justice ~ystem is based on precedents and don' t have any written law to operate. The only basis of tribal justice system is the customs and traditions. In tribal justice system the cases are dealt by the head of clans or most respected persons of the society in the light of their moral values and precedents~ It is fact that the decision of informal justices system contradicts with the national as well as international laws. The right of fair trail is brutally violated in it because woman can't be allowed to attend and participate in it. Furthermore, the decision makers are not well trained they operate only on the basis of their moral values, mental approach and customs. There are number of customs which are against the basic fundamental rights of human, like gender discrimination or no participation of females in tribal justice system. The reason which gives birth to such mechanism for effectiv,eness of tribal justices is the poor administration and overloaded cases in courts of law. This system can be traced back from different cultures around the world, when there was no court of law or any formal system to go through in order to sought out, it was tribal justice system which lead the society to keep peace and upholds the moral or their society. To overcome the flaws of such mechanism here in Pakistan the state had taken some initiatives by introducing acts of parliament (alternative dispute resolution act 2017), which is to limit the power of arbitrator and to act under the provided guideline of law. The tribal justices system should be maintained and must be looked after by such authorities.