Regressive jirgas

Express Tribune

a day ago

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The federal government's recent move to revive the jirga system in the newly merged districts of Khyber-Pakhtunkhwa is not just regressive, but also unconstitutional and dangerously reminiscent of the colonial-era governance. A committee led by the Federal Minister for Kashmir Affairs and Gilgit-Baltistan has been formed to explore alternative justice systems in these districts, raising fears of a de facto rollback of the 25th Constitutional Amendment, which integrated the former tribal areas into Pakistan's legal and administrative mainstream and abolished the jirga system — a move celebrated as a step towards constitutional equality, rule of law, and human rights for the region's long-neglected population.
Nonetheless, the initiative to reinstate this system signals not only a betrayal of the promises made to the tribal population but also a troubling attempt to offload state responsibility for justice onto a parallel, informal, and often brutal institution.
Undoubtedly, jirgas operate entirely outside the constitutional framework and the rule of law. They violate the principle of separation of powers, usurp judicial authority, and often lead to egregious human rights violations. Most disturbingly, jirgas are structurally biased against women. The recent tragic case of a 19-year-old bride murdered in Pirwadhai, Rawalpindi, allegedly on the orders of a jirga, and the killing of a couple in Balochistan on the pretext of an illicit relationship are only the latest examples in a long list of so-called "honour" killings facilitated by these illegal forums. Such incidents are a stark reminder that when justice is privatised, it is the most vulnerable who suffer.
The Constitution of Pakistan, 1973 makes it abundantly clear that only the state has the authority to administer justice, and such illicit practices of informally adjudicating on civil and criminal matters are violative of Articles 4, 8, 10-A, 25 and 175(3) of the Constitution. In 2004, the Sindh High Court declared jirgas unconstitutional and illegal, a position reaffirmed by the Supreme Court in 2006 and again in 2017.
The top court also noted that the jirga and panchayat systems violate Pakistan's international legal obligations, including commitments under the Convention on the Elimination of All Forms of Discrimination Against Women. Yet, the persistence and now potential formal revival of these forums illustrate the state's failure to assert its monopoly on justice and its hesitance to challenge entrenched tribal and feudal power structures.
Supporters of jirgas argue they provide swift and culturally resonant dispute resolution. But this is a false economy. The real reason people turn to jirgas is not their efficiency or fairness, but because the formal justice system remains slow, expensive and inaccessible, particularly in rural and tribal areas. Instead of reinstating medieval mechanisms, the state should commit to making the judiciary accessible, the police accountable, and the legal system responsive to citizens' needs.
Worse still, this regressive proposal comes at a time when the federal government has failed to meet its financial and developmental promises to the merged districts. The commitment to provide Rs100 billion annually in development funds, along with a 3% share in the NFC award, remains unfulfilled. The resurgence of militancy, ongoing political tussles between the Centre and K-P, and administrative chaos in the merged districts have only compounded public disillusionment. The state's failure to deliver tangible benefits post-merger has created a vacuum, one it now dangerously proposes to fill with a broken, discredited system.
Let us be clear: reinstating jirgas is not a neutral administrative measure; it is a reversal of constitutional progress and a betrayal of the people of the tribal districts. It reinforces outdated power hierarchies, legitimises violence against women, and undermines national unity. The path forward lies not in restoring colonial relics but in upholding the Constitution, investing in institutional reform, and ensuring equal protection of the law for every citizen.
Pakistan must decisively reject the politics of appeasement cloaked in cultural nostalgia. It is time to bury jirgas for good.