Dispute Settlement in Pukhtoon Culture through Women as Compensation in Tehsil Kalam Khyber Pakhtukhwa-Pakistan

Abstract

The present study was aimed at discovering the hidden facts causing the women as compensation practices in pukhtoon culture. A cross-sectional study was carried out in Disttswat, four union councils namely Proper Kalam, Othrore of tehsil Kalam and Chupreyal, Bartanaof tehsilMatta. Parents, brother or blood relatives of Swara and Swara (Women) were a respondents of this study. A sample size of 205 respondents out of 369 were randomly selected and subsequently proportionally allocated to the whole universe of the study. A conceptual frame work comprised of 7 independent and one dependent variables with education, family type and income as controlled variables was chalked out. The collected data was analyzed through simple frequency distribution, bi-variate and multi-variate to assess the layout, level of association and effects of extraneous variables while ascertaining the level of relationship between independent and dependent variables respectively. Moreover, reliability analysis was carried out and reliability coefficient was declared as 0.74. The study found that the formal law was in practice for social control, but with little effects to disposing off cases within due time. However, it had cultural endorsement despite of no feelings of honor rather getting ashamed of it. Most women felt victims to this practice although incidents of giving land and paying of cash was found but with little encouragement. Community had a high degree of owness to it with execution through Jirga. People had high reservation over educating their female despite the existence of schooling facilities for them due to pardha and fear of acceding to their participation in decision making process. Religion was the most misunderstood and misinterpreted as it was found instrumental tool in social control. Moreover, a strong tribal structure with little room for formal laws and formal court with a profound system of disposition of cases through local council due to easy access were some other instrumental factors in women as compensation practices. At Bi-variate level, association of dispute resolution through formal law, use of formal law for social control, Swara as cultural practice, ancestor did carry out Swara practice, feel shame on giving Swara, Swara is demanded as compensation, no money leads to Swara practice, low income, had unmarried female at home and women exchange, pressure from community, non-compliance lead to migration from native area, decision of Swara by Jirga, wish for formal female education, but failed as female education was against the honors of local, religion does not allow for women as compensation and awareness regarding religious teachings on women education, Jirga as strong institution, resolution of dispute through Jirga as an effective tool, Jirga rules are followed and Jirga restore disputes in shorter period were found positive and significant with women as compensation. While indexing independent and dependent variables, cultural endorsement, economic importance, community based support, illiteracy, poor religious fallacy and tribal structure were found positive and significant except legislative failure as negative and significantly related with women as compensation practices. Likewise, a complete synergy was found between legislative failure and women as compensation for literate and illiterate, cultural endorsement and women as compensation for literate, economic importance and women as compensation for both illiterate and literate while controlling literacy in the form of non-spurious in relationship at bi-variate level. Moreover, while controlling family type a non-spurious result were discovered between legislative failure and women as compensation in the joint family system. A non-spurious relationship was further explored between legislative failure and women as compensation in the medium and high income group while controlling income. A non-spurious association was further disclosed in high income group for cultural endorsement and women as compensation and non-spurious in medium and high income group for religious fallacy and women as compensation along with non-spurious outcomes detected in low, medium and high income group for tribal structural approach and women as compensation while controlling income. Equality in gender treatment, exploiting the feeling of shame over Swara practice, provision of jobs, quick disposition of justice through formal courts through structural and functional synergy and declaring Swara as cultural taboo with the help of social and religious leaders were some of the policy recommendation in light of the study.

Keywords: Community Based Support, Women as Compensation, Dispute Settlement, Blood, Honor and property.