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
  • 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.



    1.       SC holds jirgas in violative of Pakistan’s World Commitments,

    2.       SC declares Fata interim regulation unconstitutional,

    3.       SC grants 6 months to KP govt for counrts in FATA,

    Women, Violence and Jirgas, Review study for the National Commission on Status of Women,

  • 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.