Restorative Justice System and Pukhtoon Jarga

Source: (2004) Paper presented at “New Frontiers in Restorative Justice: Advancing Theory and Practice”, Centre for Justice and Peace Development, Massey University at Albany, New Zealand, 2-5 December.

Each community of the world resolved their conflicts before the emerging of nation state system. Where victim and offender or their representative were present in the process of resolving of the conflict. Community as a secondary victim plays its own role in the transformation and reconciliation process. When state came into existence, the crime by the state was defined, as violation of the state law, and offender was held responsible to bear the punishment. State being declare itself a victim close the door for the victim and community both, to make the thing right collectively. Some of the communities of the globe preserve the right of resolving the conflict, with out much interference of the state. Jarga is one of the institutions in the Pukhtoon belt of Afghanistan and Pakistan, resolving, interpersonal, tribal, and state disputes since time immemorial. It has many similarities with the present Restorative Justice system while differ in few areas. Abstract courtesy of the Centre for Justice and Peace Development, Massey University, http://justpeace.massey.ac.nz.