Tribal Gujjar-Bakkarwals demand law to protect tribal judiciary system in J&K

The community Friday appealed to law makers of the country to provide legal safeguards to hundreds of such “Tribal Courts” or “Jirgas” by making them constitutionally valid through an Act at national and state level.

Jirga, originally a Persian word which means a gathering, a public, a "Panchayat" or a consultation, is the traditional or indigenous system of the social control among the Gujjars and Bakkarwals. The rough statistics suggest that an overwhelming majority of these twin tribes still go to ‘Jirgas’ and settle their cases within their community while very few settle their cases with the help of police and modern courts.

In a letter to Union Minister for Law and Justice D V Sandananda Gowda sent through Tribal Research and Cultural Foundation, a frontal organization of Gujjars signed by tribal dignitaries, the members of Gujjar-Bakkarwal community have asked the Ministry that if timely steps were not taken by Union Government for the preservation and protection of Tribal courts-‘Jirgas’- active in mountainous ranges of North-Western Himalayas , these time tested and aged old traditional law institutions, will become extinct.

Dr. Javaid Rahi, Secretary, Tribal Foundation, told IBNS that they have written to the Union Law Ministry and Justice saying 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 made a plea to the 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 reside,” he said adding that their letter to the Union Law Minister further read that lakhs of Gujjar-Bakkarwals in Jammu and Kashmir and other North-Western states still believe and practise traditional Jirga system which is being headed by “Muqadams” comprising elderly tribals and where on various issues decisions are taken by consensus. Some Gujjar women called “Mahries” also heading Jirgas in some remotest pockets of the State," the letter said.

In the Jirga Councils, the administrative system is controlled by the clan chiefs or Muqadams who are respected by all the clan members. They are chosen on the 
basis of their stature in the community, sense of the fair play and oratory skills. Each Muqadams works with a couple of informally appointed salahkars or advisors who are consulted, along with other elders and prominent men of the community. The control exercised by the Muqadam over his clan members is absolute. "Most of their tribes 
keep their disputes out of the courts as they are mostly illiterate and shy away from paperwork and also seldom trust a system steeped in procedural requirements," said Dr Rahi.

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-Bakkarwal Jirgas did not interfere into criminal cases but they decide almost all other major disputes including 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-Bakkarwal ‘Jirga’ can award punishment, social boycott or expulsion from the community’s ambit only. Tribal Gujjars-Bakkarwals who constitute over 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 majority of the tribals don’t defy the decision of elders, added Dr. Rahi.