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| Gujjars demands law to protect tribal judiciary ‘Jirga’ in J&K | | | EARLY TIMES REPORT
Srinagar, Sept 18: Urging for a distinct law to protect centuries old Tribal Judicial system ‘Jirga’ popular in Gujjars-Bakerwals of Jammu and Kashmir, the community today appealed to law makers of country to provide legal safeguards to hundreds of " Tribal Courts” by making them constitutionally valid through an Act at National and State levels.
In a fresh letter to Union Minister for Law and Justice Salman Khurshid sent through Tribal Research and Cultural Foundation-a Frontal organization of Gujjars ,signed by Tribal dignitaries , they asked the Ministry that if timely steps were not taken by Union Government for the preservation and protection of Tribal courts “Jirga”s active in mountainous ranges of North-Western Himalaya , these time tested and aged old traditional law institutions, will extinct.
Giving details about the communication Dr. Javaid Rahi Secretary Tribal Foundation said we wrote to Union Law Ministry and Justice that this oldest popular system of justice is facing multi-dimensional threats from all sides and this tradition needs immediate legal recognitions otherwise this tradition will extinct in next few decades.
We also made an appeal to Union Law and Justice Minister for an enactment of an Act for protection of Jirgas to be extendable to Jammu and Kashmir and other North-Western States of India where Gujjars resides.
The letter further reads that lakhs of Gujjar-Bakerwals in Jammu and Kashmir and other North-Western states still believe and practice traditional Jirga system which is being headed by “Muqadams” an elderly tribal which takes decisions on various issues by consensus. Some Gujjar women called “Mahries” also heading Jirgas in some remotest pockets of the State, the letter said.
The letter reads that these tribal courts are very much effective , powerful, prompt, inexpensive and available at doorsteps but lacking legal sanctity .Due to un-availability of legal protections the Gujjar-Bakerwal Jirgas did not interfere into criminal cases but they decides almost all other major ticklish disputes includes lands and assets issues, family disputes, theft cases or other issues related to tribals only, the letter said.
In J&K and adjoining states the Gujjars-Bakerwal Jirga can award punishment , social boycott or expulsion from the community only.
Tribals Gujjars-Bakerwals who constitute 20% population of J&K state are bound to respect Jirga and if any party or parties fails to comply or respect a Jirga decision, they are liable to be ousted from community.
Jirgas are very powerful in maintaining law and order in upper reaches and difficult to reach areas and tribal believes that this is irreligious to defy the decision of elders.
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