From Traditional Jirga to Institutional ADR: Women’s Access to Dispute Resolution Councils in Khyber Pakhtunkhwa

Abstract

The traditional way of dispute resolution in Pakhtun-dominated areas has been carried out through the traditional Jirga system: a community-based mechanism rooted in consultation, mediation, reconciliation and consensus. However, there have been concerns regarding women’s participation and access to the Jirga system. To address these concerns, Dispute Resolution Councils (DRCs) were introduced by the government of Khyber Pakhtunkhwa to ensure the proper representation of women in the dispute resolution process. This represents a key institutional development in Alternative Dispute Resolution (ADR), incorporating community-based approaches to dispute settlement within a state-supported framework. This study examines the transition from traditional Jirga practices to institutionalized ADR through DRCs in Khyber Pakhtunkhwa with particular emphasis on women’s access and participation. It examines how DRCs retain important features associated with traditional dispute resolution particularly mediation, reconciliation and amicable settlement, while operating within a formal institutional and legal framework. Existing scholarship indicates that traditional Jirga structures have generally provided limited opportunities for women to participate directly in decision-making, reflecting wider social and patriarchal constraints in dispute resolution. The study argues that the institutionalization of ADR through DRCs creates greater scope for women’s access to dispute-resolution mechanisms, but institutional recognition alone does not necessarily ensure meaningful participation. Women’s access continues to be shaped by social and cultural norms, family influence, mobility restrictions, limited awareness and institutional practices. The study concludes that DRCs constitute an important development in the evolution of community-based dispute resolution in Khyber Pakhtunkhwa, while their potential to improve women’s access to justice depends on meaningful participation, gender-sensitive practices, institutional responsiveness and greater awareness among women.