IMPLICATIONS OF PARALLEL JUSTICE SYSTEM (PANCHYAT AND JIRGA) ON SOCIETY

The Colonial judicial system was a complex system. Panchyat system was its alternative that took decisions on the basis of norms and customs. During the Mughal period the panchyat comprised of laymen. The kings had always been sanctioning the panchyat system ever since the medieval era. The panchayat dealt with the petty matters, administration and tax affairs at lower level. Currently, the judicial system of Pakistan is overburdened therefore people resortto panchyat. It is usually believed that the panchyat is ultimately controlled by the ruling class of the society. Cases of the exploitation by Karo Kari, Vanni and other violations of human rights have been taking place in this parallel justice system which sometimes uses superstitious methods to determine the truth. Instances of Mukhtara Mai case, Aba Khel Vanni case and Kashmore case can be mentioned in this regard. No Doubt this system provides justice at the doorstep of a layman but the examples of exploitation and injustice have increased very much. Moreover the working of this parallel justice system is not being monitored by the Government of Pakistan unlike India as a result this system has become a tool of injustice in the hands of feudal and tribal lords. The reforms should be introduced in the judicial systemso that this parallel justice system may be kept in its proper limits. The jirga and thepanchyat cannot replace formal judicial system which is the result of hundreds of years of evolution of human mind and experience