PREVELANCE AND FUNCTIONING OF PARALLEL SYSTEMS OF JUSTICE IN PAKISTAN (A case study Karikot South Waziristan)

Abstract

This study aims to explore the experiences of people who resolve and settle their disputes through formal and informal justice in Federally Administered Tribal Areas (FATA) of Pakistan. Conflict is a common issue in every society, but the resolving bodies exist in every society which are working according to their socio- cultural set-up. The Jirga system is a conflict resolution body in semi-governed tribal areas of Pakistan in parallel formal legal and justice system. This study highlights the evolution or historical background and concept of the Jirga system as well as the kinds of Jirga system and extension of formal justice system to newly merged district of South Waziristan. The study further evaluates the procedures and experiences of people through their account to understand their experiences in formal judicial and Jirga systems that how Jirga and formal justice systems proceed and resolve a conflict between the two disputant parties? A formal justice system on the pattern of settled districts are not in practice in FATA but the issues and disputes in FATA are taken to nearby district courts. Jirga is an informal mechanism in Pashtun society for the resolution of civil and criminal disputes. This study analysis the legal and constitutional status of jirga system in the light of case laws in Pakistan after merger of the FATA into Khyber- Pakhtunkhwa. The findings of the research show that people are not optimistic about fairness of judicial system as it costs them in terms of time, money and uncertainty of their case as they are not familiar with judicial system, but they are more inclined towards taking their disputes to customary jirga system which is consist of the people of their choice and culture. This study was conducted in Wana, South Waziristan. Sixteen in-depth interviews and two focus group discussions were conducted with people who have been to jirga system as well to formal justice system of Pakistan for settlement and resolution of conflict.