In the picturesque region of Khyber Pakhtunkhwa where rugged terrains echo tales of tribal traditions coupled with bravery of people, a quiet revolution is unfolding in the realm of justice in shape of Alternate Dispute Resolution (ADR).
ADR– once a novel concept is now becoming a vital pillar of social harmony in the province especially in seven merged tribal districts as KP known for its deep-rooted tribal customs and close-knit communities has historically resolved disputes through traditional mechanisms and jirga system.
These customs, while often effective in maintaining order and harmony, have sometimes been seen as at odds with formal legal frameworks. However, the integration of ADR into the judicial system is changing this perception and hoped to minimize work load on lower and higher judiciary.
Senior lawyer Astaghafirullah Khan who also served as General Secretary, Peshawar High Court Bar Assocation (PHCBA) said evolution of ADR in the province was a positive step to resolve petty disputes among rival parties.
Following the merger of erstwhile FATA into KP in 2018, he said, 116 years old FCR (Frontier Crimes Regulations) was abolished and replaced with the judicial system of Pakistan. “This significant change extended the jurisdiction of High Courts to tribal districts where judges were appointed who began their regular work in March, 2019, marking a new era of justice system.”
About tribal jirga system and traditions, he said ADR was also formed in tribal districts under KP Dispute Resolution Act 2020 and rules were framed under section 118A of Local Government Act empowering Deputy Commissioner to constitute a mediation council on subdivision level for swift disposal of cases.”
The authorities were authorized to form a reconciliation committee in each tribal district, comprising, up to 40 members including tribesmen, maliks and administration officials as ADR methods include mediation, arbitration and reconciliation, all aimed at resolving disputes while respecting cultural norms and traditions of FATA people.
“Our goal is to blend strength of traditional dispute resolution with fairness and accountability of the modern legal system in wake of huge backlog of cases with lower, higher and superior judiciary,” remarked Judge (Retd) Rashid Khan, a pioneer of ADR mechanism. “ADR will expedite justice process and fosters trust of local populace in judiciary. Its significant advantage is its ability to restore confidence of tribesmen in justice system.” He said, in a region where accessibility to courts is challenging due to geographical situation, hilly terrains, cultural barriers as well as paucity of money to hire lawyers, the ADR provides a decentralized approach to inexpensive justice at masses doorsteps.
“Our aim is to establish ADR mechanism in all tehsils of merged tribal districts, where communities resolve disputes peacefully and collaboratively besides promoting mutual coexistence, harmony and peace in society,” Rashid Khan said.
Meanwhile, eminent local elders, respected figures within the community and trained mediators ensure that disputes are settled impartially and swiftly under ADR.
Muhammad Iqbal, a resident of Bajaur district said when his family faced a long property dispute, it opted for mediation through ADR. “It was a relief as our concerns were heard and issue was resolved amicably saving us from lengthy court battles and paying lawyers’ fees.”
Ensuring uniformity in ADR practices across diverse communities, training an adequate number of skilled mediators and integrating ADR with formal legal precedents are ongoing tasks. Yet, the commitment of stakeholders and the positive feedback from communities suggest a promising future.
In Khyber Pakhtunkhwa, the emergence of ADR represents more than just a legal innovation; it embodies a cultural evolution towards harmonious coexistence and respect for tradition within the framework of modern justice.
However, there is a shortcoming in this system as highlighted by a Journalist and filmmaker Zeenat Bibi in her short film, “She-the Peace Builder,” where she pleads a significant role of women in establishing peace in tribal districts and introduce concept of Alternative Dispute Resolution.
As women are overlooked in formation of ADR committees due to tribal norms, Zeenat Bibi states that women in tribal districts are often deprived of their property rights, khula and face issues like domestic violence, surah, ghag and child custody.
