Dispute Settlement Mechanisms in Balochistan: A Comparison of the Traditional Justice System and the Judiciary – Way Forward

Abstract

This study explores the Traditional Justice System (TJS) in Balochistan, known as Muchhi/Dewan in Brahui and Balochi and Jirga in Pashto, analyzing its history, structure, and role in delivering justice within the Baloch and Pashtun communities, and comparing it with Pakistan’s modern judicial system. Despite the introduction of a formal judicial system, TJS remains deeply trusted in rural areas, where people value its quick and culturally aligned resolutions. Historically resilient, TJS has adapted to changes, from colonial reforms to shifts in Pakistan’s legal landscape, yet challenges such as patriarchal bias and limited accountability persist. Using a mixed-methods approach, including historical analysis, case studies, fieldwork, and quantitative analysis, the study compares TJS with Pakistan’s formal judiciary, emphasizing their respective advantages and drawbacks. Findings suggest that while TJS is accessible and widely accepted, the formal system’s codified law offers procedural rigor. The study advocates for an integrated justice model that leverages both systems' strengths to improve accessibility, efficiency, and cultural relevance in Pakistan’s judicial framework. Recommendations include digitalizing court processes, expanding e-judiciary services to remote areas, and establishing community-based dispute resolution mechanisms within the formal judiciary, aiming to enhance justice delivery across diverse communities in Pakistan.