Constitution Petition No.24 OF 2012 [ No.24 OF 2012 ]

Country Pakistan
Category Civil and Political Rights, Human Rights, Women’s Rights
Date of Judgment 16-01-2019
Link / Attachment http://hrcp-web.org/hrcpweb/wp-content/uploads/2019/01/judgement.pdf
  • Description

    The National Commission on the Status of Women (NCSW) moved a petition seeking a declaration from the Supreme Court on the legality of jirgas/panchayats prevalent in the country, thereby challenging their operation as adjudicating bodies awarding judgements, executing punishments and deciding family, civil, criminal and other disputes.

     

    Sources:

    1.       SC holds jirgas in violative of Pakistan’s World Commitments, https://www.dawn.com/news/1458038

    2.       SC declares Fata interim regulation unconstitutional, https://nation.com.pk/17-Jan-2019/sc-declares-fata-interim-regulation-unconstitutional

    3.       SC grants 6 months to KP govt for counrts in FATA, https://lawtoday.com.pk/2019/01/16/sc-grants-6-months-to-kp-govt-for-courts-in-fata/

    Women, Violence and Jirgas, Review study for the National Commission on Status of Women, http://af.org.pk/gep/images/publications/Research%20Studies%20(Gender%20Based%20Violence)/NB%20NCSW%20JIRGAS.pdf

  • Judgment

    • The judgement declared that the operation of Jirgas/panchayats is a violation of Pakistan’s international commitments under the UDHR, ICCPR, and CEDAW.
    • The verdict also held that the manner in which jirgas or panchayats functioned in the country violates Articles 4, 8, 10-A, 25 and 175(3) of the Constitution.
    • The judgement explains that this practice of parallel judicial systems do not fall under the constitution of Pakistan or any other law.
    • The Government of KPK is granted six months from the date of announcement of this judgement for the development of infrastructure to take steps to spread a uniform system of courts of ordinary jurisdiction in KPK, mandating the local law enforcement agencies to ensure that the rule of law is observed by reducing jirgas/panchayats etc. to arbitration forums which may be approached voluntarily by local residents to the extent of civil disputes only.