The Explorer: Journal of Social Sciences ISSN: 2411-0132, Vol-1, Issue (4):94-96 www.theexplorerpak.org
JUSTICE THROUGH MEDIATION: REVITALIZING INFORMAL JUSTICE SYSTEM Chaudhry Shahid Mehmood1, Dr. Abid Ghafoor Chaudhry1 Department of Anthropology, PMAS-Arid Agriculture University, Rawalpindi Corresponding Author: Chaudhry Shahid Mehmood PMAS-Arid Agriculture University, Rawalpindi smchaudhry13@gmail.com Abstract: The present study is an attempt to assess the scope of revival of Jirga or Panchayat, an important part of Informal Justice System, in the Pakistan. The data was gathered, using a structured questionnaire and interviews, from the sampling frame Law College, and Bahria university of Rawalpindi and Islamabad, respectively. A sample of 51 respondents was selected purposely. Majority of them were affiliated with legal studies i.e. law degree. It was observed that the government is fairly active in trying to revitalize the informal justice system in rural areas of Pakistan. According to the findings mediation has been found to significantly and positively affect justice provision as the government justice system is time consuming and requires a lot of money. Moreover, it was revealed that rape cases have increased in the last few decades as the grass root level; informal panchayat system has visibly collapsed.
Key Words: Mediation, Informal Justice System, Grass Root Level, Conflict and Dispute. INTRODUCTION Conflicts and disputes are inevitable in a setup where humans interact and are interdependent. Informal justice system has been identified as the most favorable and effective means of dispute resolution. It has often proved to be more accessible to poor and disadvantaged people at the grass root level and has the potential to provide quick, flexible, cheap, nonthreatening and culturally or ethnically relevant remedies (Qu and Cheung 2012). Informal justice systems are widespread throughout the world, especially in developing countries. Mediation is the prominent form of informal justice system that is cornerstone of dispute resolution and access to justice which is widely being adopted in subcontinent (Indo-Pakistan). Mediation is an old, active and diplomatic form of institution in the sub-continent comprising of a body including supreme’s of the village, responsible for collection of revenues, adjudication of all disputes, and maintenance of law and order in the community(Chaudhry, et al. 2014). Mediation is preferred due to its power of dispute resolution at community level with minimum expenditure. This also enables minimization of birth of new issues concerning to the dispute under consideration. Otherwise, if the disputes are taken to the higher courts of the formal justice system it may have resulted in the waste of money. Disputes can be
resolved in many ways, for example, by ignoring them, continuing to fight, mediation or going to court. Mediation is an exact shape of alternative dispute resolution (ADR). Mediation involves the informal motion of an objection or dispute between two parties through a face-to-face gathering in which a proficient mediator serves as a neutral facilitator and where both parties ultimately agree that a suitable decision has been reached (Walker, et al. 2002). A conflict on its part signifies a common state of hostility among parties. Conflicts are often nonspecific, and particular disputes arising from them are often perceived to be as much the outcome as the cause of the conflict. Given two parties in conflict, mediation is a method, or a condition in which a person outer to the conflict, the mediator, is called to intervene with the task to resolve the conflict, - that provokes malaise in both parties. The mediator does not take sides in support of any party (Maturoa, et al. 2010). Over the past decade, speak of ‘access to justice’ has become commonplace in South Africa, and informal justice system are often hailed as the process by which this can be achieved (Moult 2005). Mediation also protects the human rights especially women right and children rights (O’Neill 2005). Human rights standards have been recognized by international agreement. They are based on general norms, relevant to each society (Robinson 2000). 94
However, it is becoming unpopular with every passing year since last two decades forcing the women to visit police station and courts frequently for their rights. This ratio has increased to an alarming level in Pakistan and the inefficiency of the Pakistani courts has made the situation worse. Violence against women and girls is a basic abuse of human rights, which stretches across nations, cultures, and classes. The social and economic costs resulting from this violence place a substantial load on society as a whole, significantly hampering progress (Funk, et al. 2005). Therefore mediation is preferred due to its power of dispute resolution at community level with minimum expenditure. Revitalizing and empowering the informal justice system in general and mediation in particular may reduce the burden on the courts and police stations by solving minor issues at the local or community level by the informal justice system. The main aim of this study is to assess the scope of revitalizing the informal justice system for human rights protection. MATERIALS AND METHODS The study has focused on the scope of improving respect for human rights through revitalization of informal justice system. The data was gathered from fifty one respondents who were considered as opinion holders since they had a back ground of legal studies. The data was analyzed using Chi-Square test RESULTS Table. 1: Pearson Chi Square Test Dependent Questions Mediation work for the protection of human rights. Government should take steps for the promotion of informal justice system.
Independent Questions Has informal justice system is in your village.
Chi square value .323
.028
The significant value “Mediation work for the protection of human rights” is 0.323 > 0.05 so we reject null hypothesis. According to 37.3% respondent’s mediation is not working for protection of human rights. This opinion was held majorly by females who lack knowledge about mediation system and did not know about informal justice system. 62.7% respondents answered that informal justice system is working for the protection of rights.
The significant value of “Government is taking steps for the promotion of informal justice system” was .028< 0.05. Response towards this is 58.8 percent agreed. Khyber Pakhton Khawa (KPK) government in Pakistan is equally working for the revival of mediation “Jirgah” system. Tabel.2: Pearson Chi Square Test Dependent Questions Rape cases are increasing day by day
Independent Questions Rape cases are not resolving instantly
Chi square value .199
Statistical values of table no 2 shows that null hypothesis is rejected because .199 > 0.05 and according to this rape cases are increasing day by day. 88% people say that rape cases are increasing day by day. 10% people are in the view that rape cases are not increasing day by day. And 2% have no knowledge regarding this. If mediation system had worked properly the respondents believe that the rate of rape cases would have decreased. DISCUSSION Most respondents were of the view that constitution is not implemented properly for the protection of children rights. Government should ensure the protection of child rights. Children are raped and exploit sexually and day by day the cases especially among children are increasing. When respondents were asked about the reasons behind these conflicts, they mostly responded property, woman, poverty, marriages and some respondents were in the view that intimated/private/persona relationship are the reasons behind conflicts (Hurwitz, et al. 2005). Relationships are the reasons behind conflicts (Hurwitz, et al. 2005). The management of land is one of the most serious challenges facing rising countries today (United Nations Interagency Framework Team for Preventive Action 2012). Respondents viewed education rights, property rights, women and children rights are being exploited and people come across with injustice. For the provision of justice on grass hood level and for the protection of rights of common man informal justice system must be ensured.” Which system is better for justice” mostly respondents were in the view that “panchayti system” is better than “thana culture” for justice. When inquired if corruption has seeped into panchayat system? 66.7% respondents answered positively that corruption has occurred in panchayat
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system. Therefore informal justice system collapsed or vanished. CONCLUSION With the increase in rape cases and exploitation of human rights, especially women and children rights it is essential to revive the informal justice system and implement it strictly. To fulfill the requirements of justice for common men it is necessary to revive the mediation system at grass root level. As 99 percent of rape gangsters are associated with each other or they have contact with each other at, cases regarding rape and child abuse may reduce if the informal justice system is strengthened that is saner and has a clearer vision of the ground realities. REFERENCES Chaudhry, Abid Ghafoor, Aftab Ahmed, Shaheer Ellahi Khan and Sajjad Hussain 2014 Perception of Local Community and Biradari on Panchayat: An Exploratory Anthropological Study of Biradari in Village Saroki, District Gujranwala, Pakistan. Advances in Anthropology 4:53-58. Funk, Anette, James Lang, and Juliane Osterhaus 2005 Ending Violence Against Women and Girls – Protecting Human Rights. Edited by Susan Ramsay. Deutsche Gesellschaft für Technische Zusammenarbeit German Federal Ministry for Economic Cooperation and Development. Hurwitz, Agnes, Kaysie Studdard, and Rhodri Williams 2005 Housing, Land, Property and Conflict Management: Identifying Policy Options for Rule of Law Programming International Peace Academy. Maturo, Antonio, Ezio Sciarraa, and Aldo G.S. Ventreb 2010 Counselling: Decision Making,
Consensus, and Mediation. Procedia- Social and Behavioral Sciences 5: 1770–1776. Moult, Kelley 2005 Informal Mechanisms for Dealing with Domestic Violence: Providing a Sense of Justice. SA Crime Quarterly 12:19. O’Neill, William G. 2005 In Larger Freedom: Towards Democracy, Security and Human Rights for All. http://www.un.org/en/events/pastevents/ pdfs/larger_freedom_exec_summary.pdf Qu, Yingying, and Sai On Cheung 2014 Logrolling “Win–Win” Settlement in Construction Dispute Mediation: Springer International Publishing. Robinson, Mary 2000 Business and Human Rights: A Progress Report. United Nations High Commissioner for Human Rights. United Nations Interagency Framework Team for Preventive Action 2012 Land and Conflict. United Nations Interagency Framework Team for Preventive Action. Walker, Samuel, Carol Archbold, and Leigh Herbst 2002 Mediating Citizen Complaints Against Police Officers: a Guide for Police and Community Leaders. US Department of Justice, Office of Community Oriented Policing Services Washington, DC. © 2015 “The Explorer” Journal of Social Sciences-Pakistan
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