Tribal Structural Practices of Dispute Settlement Through Women as Compensation in Pukhtoon Culture Khyber Pukhtukhwa

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 Distt swat, Kohistan and data was collected from the four union councils namely Kalam, Othrore and Chupreyal and Bartana respectively. Parents of Swara, brother or blood relatives of Swara and Swara (Women) were chosen as potential respondents for this study. A sample size of 205 respondents out of 369 were randomly selected and subsequently proportionally allocated to the universe of the study. A conceptual frame work comprised of one independent and one dependent variables i.e tribal structural approach and women as compensation 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 also carried out and reliability coefficient was found as 0.74. The study found that; a strong tribal structural with little room for formal laws and formal court and a profound system of disposition of cases through local council due to easy access. At Bi-variate level, association of dispute resolution through Jirga as strong institution, resolution of dispute through Jirga as an effective tool, Jirga rules are followed and Jirga resolves disputes in shorter period were found positive and significant with women as compensation. In addition, while indexing both independent and dependent variable tribal structural was found positive and significant with women as compensation practices. Likewise, non-spurious outcomes detected in low, medium and high income group for tribal structural approach and women as compensation while controlling income. The study concluded that failure of formal courts of justice led to the perpetuation of such practices. In addition, family structural with low income profile and formidable literacy rate were also some other contributors of making it phenomenal. Equality in gender treatment, exploiting the feeling of shame over Swara practice providing the legal cover to the inhabitants free of cost while involving legal fraternity and arranging seminars and debates on both print and electronic media were some of the policy recommendations in the light of the study.

Keywords: Dispute Settlement, Tribal Structural Approach, Women as Compensation, , Blood, Honor and property.