Exploring Access to Justice through Traditional Justice System

  • Jamil Ahmed Shaikh
  • Dr. Anwar Mohyuddin

Abstract

The present research entitled "exploring access to Justice through Traditional Justice System" is designed to explore access tojustice through traditional justice system in Fatehpur Village, District Larkana. The present research is exploratory and descriptive in nature. This qualitative study has conducted through FGD and case study method by applying random sampling. Fatehpur village reveals a wide spectrum of socially accepted mechanism for dispute resolution, outside ofFJS. Access to justice is contextual: in terms of how people perceive matter of existence of popular justice and how it functions? People's perception is based on the definition and common understanding of conflict in their local constructive perception. While disputes among people start from simple misunderstandings and laterconvert into more complicated issues, specifically, when egos and honors are hurt. It is involved in the form of "lzzat" (respect) and Ghairat, (honor, defense of honor and chastity). Moreover, these disputes hinder the patch - ups in marital issues in the Zat-Pat (clan). During dispute relative on the behalf of victim or victimizer directly negotiate with opposite party or by taking help of "Chango Murs (mediator) to solve the existing issues. Traditional justice system is a pathway to resolve problems and decisions based on common understandings among parties. Common understandings meant to seek an outcome that preserves communal harmony and considered satisfactory to all.

Published
2019-12-08
Section
Articles