Indigenous Institutions for Decision-Making in Pakistan

Source: (-0001) HEINRICH BOLL FOUNDATION.

As Leo Tolstoy very rightly said, “the seeds of every crime are in each of us.” Crime is not an out-side
phenomenon. It lives with each individual’s inner self, and depending on the opportunities available, it can come
out. “Power corrupts” and “the needy are not respectable”. These are some of the notions used by, both the
weaker and the stronger to legitimize their actions. It changes its form from place to place and individual to
individual. Shame, honour, customary practices, ego, what others will think or say, are the basic elements that
lead to crime in a society. Such elements generate crime, in each individual, with different excuses. In some cases, the victimization of the offender is dominated by his commitment of crime to others, while weak law
provides ample opportunities, to the strong, to take the matter in his own hands and quench thirst. Strong law
prevents the criminal from committing a crime on the one hand, while social bondage prevents the individual from
committing the crime, even in countries where law is weak. Divine law is the most important and above all, if it is
taken in its real sense, to prevent community members from committing the crimes. If divine law is not practiced,
then the two laws come to challenge each other’s existence. The criminal justice system and the traditional
system of different communities are practiced in different part of the world. Such traditional systems are organized
in the WEST, under the umbrella of restorative justice systems. Called circle in the WEST, Sulah in the Middle
East, gachacha in Africa, and Morie tribe traditional practice in New Zealand. Jirga and Punchayat of Pakistan is
the same system, with marginal differences. Jirga and Punchayat systems are common to all the four provinces of
the country. Jirga is commonly practiced in NWFP and Balochistan, while Punchayat relates to the Punjab and
Sindh provinces. Jirga replaces the name of Punchayat now and sweeps across the entire country, even though
there are quite some differences between the two. Punchayat is headed by a ‘sir punch’, that is, a notable of an
area who imposes his decision on others, while Jirga’s decision is unanimous. There is a difference of opinion
within the Jirga process, but the final verdict is acceptable to all, inspite of the reservation of some members.
There are many, who are of the opinion, that the system of Jirga is better than the modern time democracy: in a
Jirga, a decision taken is acceptable to all, while in the democratic setup, opposition can play its role within and
outside of the house, and can take a position on the opinion held, right to the end. (excerpt)