Justice System in Pre- and Post-Merged Federally Administered Tribal Areas (FATA): A Case Study of District Bajaur

Abstract

This research presents comparative analysis of the administration of justice before and after the merger of FATA and examines its impact of merger on justice provision in District Bajaur. The study is qualitative in nature, employing comparative and exploratory designs. Semi-structured interview guide and purposive sampling technique have been used for data collection. The collected data has been analyzed and interpreted thematically in the form of separated themes. In light of the Legal Empowerment Theory, the study findings have revealed that majority of people in District Bajaur prefer and trust old Jirga system for justice delivery. Nevertheless, the analysis does not romanticize the Jirga, even though, widely preferred there are some demerits in Jirga system such as unfair treatment of women, absence of appeal system, and sometimes arbitrary decisions by powerful elders. Contrary to this, the formal judiciary system ensures institutional safeguards which maintain rights protection for marginalized population especially women.