JIRGA SYSTEM

http://jang.com.pk/thenews/apr2008-weekly/nos-27-04-2008/spr.htm#3
Sarpanchs of a kind

Jirga is seen as a continuation of feudalistic mindset and approach -- through which the local sardars can reinforce their hegemony

By Yasir Babbar
In April 2004, responding to a petition by a lay citizen, Sindh High Court imposed a ban on Jirga in the province. But the ban has been blatantly violated eversince.

Soon after the SHC decision, the then chief minister of Sindh Dr Arbab Ghulam Rahim came to Sukkur and held a jirga in his 'Sarpanchi' at Circuit House. This was in direct conflict with the order of the SHC, but nothing was done about it.

The CM's move was hugely criticised by the civil society which regarded Jirga as a continuation of feudalistic mindset and approach -- through which the Sardars could reinforce their hegemony.

According to a research, in District Sukkur alone, as many as 22 Jirgas were held in the year 2007 in which 14 innocent girls -- namely Ajeeban, 8; Shahzadi, 4; Shagufta, 8; Abida, 6; Sajul, 8; Gulistan, 6; Neelam, 8; Shamshad, 5; Rahamdi, 8; Deebul, 10; and four other, little girls of Jatoi tribe became victims of the 'Sang-chatti' fine whereby a girl from the aggressor's party is handed over to the affected party for keeps. This 'fine' is intact not only in Sukkur but in all districts of interior Sindh -- Shikarpur, Jacobabad, Kashmore, Larkana, Ghotki, Khairpur and Qambar-Shahdadkot. Specially, in cases of 'Karo kari' (honour killing), a sardar gets to keep the alleged woman/girl in his haveli -- which obviously means that she will be at his mercy -- till the sardar fixes a date for Jirga that can decide the fate of the poor woman/girl. In many such cases, women are killed. Shaista Aalmani's is a popular case in point. Shaista was declared 'Kari' and Sardar Khuda Bux Aalmani ordered to kill her. As luck would have it, her case was picked by the media. Shaista survived the sentence awarded to her by the Jirga and has been leading a happy life abroad with her husband Balakhsher Meher since.

DIG Police, Larkana, Dr Sanaullah Abbasi terms the Jirga system as an "illegal solution to cases because when formal courts are available to the people why do the sardars and sarpanchs try to impose their own own methods of resolving disputes and conflicts." He was talking to TNS.

Abbasi added that the sardars were actually promoting tribal clashes.

He also wondered from where the latest weapons were being brought into the interior Sindh? "There are sardars who are involved in one black business or another. I will take firm action against them," he declared.

On the other hand, Vice President Supreme Court Bar Association, Advocate Imdad Awan seems to favour the Jirga system. Talking exclusively to TNS, he said, "There are piles and piles of cases in our courts that are forever pending but solved in a matter of a few hours thanks to Jirga."

He admitted that the Jirga decisions did not always favour the victims and the sardars managed to use their clout to their advantage. "But, this happens rarely," he added.

Awan further said that the sardars should hold a jirga after seeking permission from the Court.

Ashfaq Ahmed Mirani is regarded as the 'Nek Mard' (noble man) in the Mirani tribe of Sukkur. He told TNS about how he became a victim of a jirga decision in June 2006, losing his only vocation because he had been nominated in FIR.

As the story goes, Ashfaq was a clerk in the Irrigation department of the provincial government. Following a dispute between the Mirani and the Jatoi tribes circa Juna 2006, the accused nominated him in the FIR. As a result, Ashfaq lost his job. The dispute is still going on in Sukkur's Bachal Shah Miani Union Council. The situation is such that firing from both sides has become a common phenomenon in the area and even the police can't stop the two rival parties. Mir Manzoor Panhwar held a jirga to resolve the dispute. He imposed a fine of Rs 7 million on both tribes but a month later, armed men of Jatoi tribe attacked him, killing seven people and badly hurting many. According to Ashfaq, the police in connivance with the sardars started a clash of tribes -- called 'Takrar'.

Till date, Ashfaq is without a job that was his only source of earning bread and butter. He says that the clash destroyed his children's education.

Human rights activist Shakir Jamali comes down hard on the jirgas, calling the tribal sardars as "black sheep who are pushing the nation backwards."

Talking to TNS, Jamali said that as many as 28 tribes were involved in feuds in Kashmore district alone. Over 215 people have lost their lives over the last six months. In District Jacobabad, more than 15 tribes were fighting each other, resulting in killings of 65 people. In Ghotki, more than 25 tribes are involved in clashes in which over 128 innocents have been murdered in the last six months. In Shikarpur district, a weapon war between 15 tribes has killed more than 108 people.

Jamali said that sardars were involved in this system because it means more power to their elbow!
yasirbabbar@gmail.com