List of Tables ...... i-iv List of Abbreviations ...... v-viii Acknowledgments ...... ix Abstract ...... x I. INTRODUCTION...... 1 1.1 Background ...... 1 1.2 Justification of the study ...... 4 1.3 Area Profile ...... 5 1.4 Research Questions ...... 6 1.5 Objectives of the Study ...... 7 II. LITERATURE REVIEW ...... 8 III. RESEARCH METHODOLOGY ...... 29 3.1 Study Design ...... 29 3.1.1 Universe of the Study ...... 29 3.1.2 Sampling ...... 30 3.1.3 Sample Size ...... 32 3.1.4 Characteristics of Respondents ...... 32 3.2 Conceptual Framework ...... 33 3.3. Data Collection ...... 33 3.3.1 Construction of Interview Schedule………………………………………….33 3.3.1.1 Likert Scale…………………………………………………………………...33 3.3.2 Indexation ...... 34 3.3.3 Reliability Analysis ...... 34 3.4 Data Analysis ...... 35 3.4.1 Chi-square test ...... 35 3.4.2 Gamma ...... 36 3.4.3 Bi-variate Analysis ...... 37 3.4.4 Multi-variate analysis by contingency tables ...... 37

3 IV. RESULTS AND DISCUSSIONS ...... 38 4.1 Respondents profile ...... 38 4.1.1 Gender of the respondents ...... 39 4.1.2 Location of the respondents...... 39 4.1.3 Age of the respondents ...... 40 4.1.4 Ethnic composition of the respondents ...... 41 4.1.5 Family type of the respondents ...... 42 4.1.6 Family size of the respondents ...... 43 4.1.7 Education level of the respondents ...... 44 4.1.8 Monthly income of the respondents ...... 45 4.1.9 Occupation of the respondents ...... 46 4.2 General information of respondents ...... 47 4.2.1 Information of respondents about Swara custom ...... 47 4.2.2 Relation of respondents with Swara girl ...... 48 4.2.3 Swara is given in case of ...... 49 4.2.4 Age of Swara girl during compensation ...... 50 4.2.5 Type of dispute in which Swara was given ...... 51 4.2.6 Relation with girl after giving in Swara ...... 52 4.2.7 Relation with the dispute family ...... 53 4.3 Respondents attitude towards legislative failure ...... 55 4.4 Respondents attitude towards cultural endorsement ...... 57 4.5 Respondent attitude toward economic importance ...... 59 4.6 Respondents attitude towards community based support ...... 61 4.7 Respondents attitude towards illiteracy ...... 64 4.8 Respondents attitude towards poor religion fallacy ...... 66 4.9 Respondents attitude towards tribal structure approach to dispute settlement .69 4.10 Respondents attitude towards compensation practices (Swara) ...... 72 4.11 Bi-variate Analysis ...... 74

V. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS ...... 128 5.1 Summary ...... 128 5.2 Conclusions ...... 136 5.3 Recommendations ...... 137 LITERATURE CITED ...... 140 INTERVIEW SCHEDULE ...... 161

5 LIST OF TABLES

Table No. Title Page No.

4.1.1 Frequency distribution and proportion of respondent representing gender ...... 39 4.1.2 Frequency distribution and proportion of respondent representing residence ...... 40 4.1.3 Frequency distribution and proportion of respondent representing age ...... 41 4.1.4 Frequency distribution and proportion of respondent representing ethnic composition ...... 42 4.1.5 Frequency distribution and proportion of respondent representing family type ...... 43 4.1.6 Frequency distribution and proportion of respondent representing family size ...... 44 4.1.7 Frequency distribution and proportion of respondent representing education level ...... 45 4.1.8 Frequency distribution and proportion of respondent representing monthly income ...... 46 4.1.9 Frequency distribution and proportion of respondent representing occupation ...... 47 4.2.1 Frequency distribution and proportion of respondent representing general information ...... 48 4.2.2 Frequency distribution and proportion of respondent representing relation with Swara girl ...... 49 4.2.3 Frequency distribution and proportion of respondent showing Swara practiced ...... for which it is committed ...... 50 4.2.4 Frequency distribution and proportion of respondent representing age of sawra ...... girl during compensation ...... 51 4.2.5 Frequency distribution and proportion of respondent representing type of dispute in which Swara was given ...... 52 4.2.6 Frequency distribution and proportion of respondent representing relation with Swara girl ...... 53

6 4.2.7 Frequency distribution and proportion of respondent representing relation of Swara girl with dispute family ...... 54 4.3 Frequency distribution and proportion showing respondents responses towards legislative failure ...... 57 4.4 Frequency distribution and proportion showing respondents responses towards cultural endorsement ...... 59 4.5 Frequency distribution and proportion showing respondent responses towards economic importance ...... 61 4.6 Frequency distribution and proportion showing respondents responses towards community based support ...... 63 4.7 Frequency distribution and proportion showing respondents responses towards illiteracy ...... 65 4.9 Frequency distribution and proportion showing respondents responses towards poor religious fallacy ...... 68 4.9 Frequency distribution and proportion showing respondent responses towards tribal structure approach to dispute settlement ...... 71 4.10 Frequency distribution and proportion showing respondent responses towards compensation practices (Swara) ...... 73 4.11.1 Relationship between legislative failure and women as compensation ...... 75 4.11.2 Relationship between cultural endorsement and women as compensation ...... 81 4.11.3 Relationship between economic importance and women as compensation ...... 84 4.11.4 Relationship between communities based support and women as compensation ...... 88 4.11.5 Relationship between illiteracy and women as compensation ...... 93 4.11.6 Relationship between poor religion fallacy and women as compensation ...... 97 4.11.7 Relationship between tribal structure approach to dispute settlement and women as compensation ...... 101 4.12.1 Association between respondent’s attitudes towards legislative failure and women as compensation ...... 102 4.12.2 Association between respondent’s attitudes towards cultural endorsement and women as compensation ...... 103

7 4.12.3 Association between respondent’s attitudes towards economic importance and women as compensation ...... 104 4.12.4 Association between respondent’s attitudes towards community based support ...... and women as compensation ...... 105 4.12.5 Association between respondent’s attitudes towards illiteracy and women as compensation 12/16/2014 ...... 105 4.12.6 Association between respondent’s attitudes towards poor religious failure and women as compensation ...... 106 4.12.7 Association between respondent’s attitudes towards tribal structure approach ...... and women as compensation ...... 107 4.13.1 Association between respondent’s attitude towards legislative failure and women as compensation (Controlling Literacy)...... 109 4.13.2 Association between respondent’s attitude towards cultural endorsement and women as compensation (Controlling Literacy)...... 110 4.13.3 Association between respondent’s attitude towards economic importance and women as compensation (Controlling Literacy)...... 111 4.13.4 Association between respondent’s attitudes towards community based support and women as compensation (Controlling Literacy)...... 112 4.13.5 Association between respondent’s attitudes towards illiteracy and women as compensation (Controlling Literacy)...... 113 4.13.6 Association between respondent’s attitudes towards poor religious fallacy and women as compensation (Controlling Literacy)...... 114 4.13.7 Association between respondent’s attitudes towards tribal structure approach andwomen as compensation (Controlling Literacy)...... 115 4.13.8 Association between respondent’s attitudes towards legislative failure and women as compensation (Controlling Family Type)...... 116 4.13.9 Association between respondent’s attitudes towards cultural endorsement and women as compensation (Controlling Family Type)...... 117 4.13.10 Association between respondent’s attitudes towards economic importance and women as compensation (Controlling Family Type)...... 118

8 4.13.11 Association between respondent’s attitudes towards community based support ...... and women as compensation (Controlling Family Type)...... 119 4.13.12 Association between respondent’s attitudes towards illiteracy and women as compensation (Controlling Family Type)...... 120 4.13.13 Association between respondent’s attitudes towards poor religious fallacy and women as compensation (Controlling Family Type)...... 121 4.13.14 Association between respondent’s attitudes towards tribal structure approach and women as compensation (Controlling Family Type)...... 122 4.13.15 Association between respondent’s attitudes towards legislative failure and women as compensation (Controlling income)...... 123 4.13.16 Association between respondent’s attitudes towards cultural endorsement and women as compensation (Controlling income)...... 124 4.13.17 Association between respondent’s attitudes towards economic importance and women as compensation (Controlling income)...... 125 4.13.18 Association between respondent’s attitudes towards community based support and women as compensation (Controlling income)...... 126 4.13.19 Association between respondent’s attitudes towards illiteracy and women as compensation (Controlling income)...... 127 4.13.20 Association between respondent’s attitudes towards poor religious fallacy and women as compensation (Controlling income)...... 128 4.13.21 Association between respondent’s attitudes towards tribal structure approach and women as compensation (Controlling income ...... 129

9 LIST OF ABBREVIATIONS Swara Swara is a child marriage custom in tribal areas of Pakistan and Afghanistan. It is tied to blood feuds among the different tribes and clans where young girls are forcibly married to members of different clans in order to resolve the feuds. It is most common among Pashtuns. Jirga council of tribal elders.

Karo Kari Karo-Kari is an act of murder, in which a person is killed for his or her actual or perceived immoral behavior.

Sati refers to a funeral ritual within some Asian communities in which a recently widowed woman commits suicide by fire, typically on the husband's funeral pyre. Vani is a cultural custom found in parts of Pakistan wherein young girls are forcibly married as part of punishment for a crime committed by her male relatives. WattaSata is a form of bride exchange that is common in Pakistan and Afghanistan. Pashto the language of the Pashtuns, which belongs to the Iranian group. It is the official language of Afghanistan and is also spoken in northern areas of Pakistan. form the world's largest (هنورنه پ ښ تان ه :Pathan tribes The Pashtun tribes (Pashto tribalsociety.[1] The Pashtun people are traditionally divided into four tribal the Ghurghakhti ,(ب ې ټ ني) the Bettani ,( سوب ڼي) confederacies: the Sarbani .and the Karlani ,(غوغ ښ تي) Nawab of Tank elder leader of Tank. Qisas Qisas is one of several forms of punishment in Islamic Penal Law. (also transliterated mehr, meher, or mahrieh ;رهو :Mahr In Islam, a Mahr (in Arabic is a mandatory payment, in the form of money or possessions paid by the groom, or by groom's father, to the bride at the time of marriage, that legally becomes her property. Baad Baad is a traditional practice of settling disputes in Pakistan and Afghanistan among Pashtun tribes[1] in which a young virgin girl from the culprit's family is traded to settle a dispute for her older relatives. Pakhtun Pashtuns are the largest ethnic group in Afghanistan. Diyat In pre-Islamic era, concepts of diyat was present in Arabic society. In pre- Islamic period, diyat was considered blood money and this blood money and this blood money was, in fact, a kind of fine. And such fine was paid by a killer or his family or his clan to family or clan of victim and it was paid in the form of goods or animals. However, Islam changed this old concept of diyat and decided that diyat should be paid in cash. Nanawati It allows a beleaguered person to enter the house of any other person and make a request of him which cannot be refused, even at the cost of the host's own life or fortune. Sulah The act of reconciling, or the state of being reconciled; reconcilenment; restoration to harmony; renewal of friendship. Sang Chatti a practice in which tribes, families and communities trade minor girls as compensation to settle disputes.

10 Honor Killing is the homicide of a member of a family by other members, due to the perpetrators' belief that the victim has brought shame or dishonor upon the family or has violated the principles of a religion, usually for reasons such as refusing to enter an arranged marriage, being in a relationship that is disapproved by their family, having sex outside marriage, becoming the victim of rape, dressing in ways which are deemed inappropriate, or engaging in homosexual relations. Panchayat The panchayati raj is a South Asian political system mainly in India, Pakistan, Bangladesh and Nepal. It is the oldest system of local government in the Indian subcontinent. Mastois are a Baloch tribe in the Balochistan, Sindh, and Punjab (Mangrotha West) provinces of Pakistan. Sharia the moral code and religious law of a prophetic religion. Izzat refers to the concept of honor prevalent in the culture of North India and Ghairat in Pakistan. Baradari In Pakistan and India it is used to denote a number of social strata among South Asian Muslims. Muzarabani is a district, which is relatively flat and situated along the Mocambique- Zimbabwe border in Mashona land Central province in Zimbabwe. Pakhtunwali is a non-written ethical code and traditional lifestyle which the indigenous Pashtun people follow. It is a system of law and governance that began during the prehistoric times and is preserved and still in use today, but mostly in the rural tribal areas. Nikah Marriage (nikah) is a solemn and sacred social contract between bride and groom. Taunt toreproa china sarcastic, insulting, or jeering manner; mock. ADR alternative dispute resolution. KP Khyber Pakhtunkhwa. FATA federally administered tribal area. Xeer is the polycentric legal system of Somalia. Diyya is financial compensation paid to the heirs of a victim. In Arabic, the word means both blood money and ransom. Salish originally referred only to the indigenous group known today as the Bitterroot Salish of Montana and their language, Montana Salish. Nyaya It is also the name of one of the six orthodox (astika) schools of Hinduism. Lok Adalats Lok Adalat is a system of alternative dispute resolution developed in India. It roughly means "People's court". India has had a long history of resolving disputes through the mediation of village elders. Afar also known as the Danakil, are an ethnic group in the Horn of Africa. Birr Strong forward momentum; driving force. Lobolaas in Zulu, Swazi, Xhosa and northern and southern Ndebele (Mahadi in Sesotho, Roora in Shona, and Magadi in Northern Sotho), sometimes translated as bride price, is a traditional Southern African custom whereby the man pays the family of his fiancée for her hand in marriage. SADC southern African development community.

11 Pardha when Muslim women are shut away from the outside world, just seeing their direct relatives. This isn't as common as it was but does occur in more primitive villages/towns in the Arab world. Wadera Wadera is a powerful jagirdar. who manipulates his riyat... he is the judge, jury and executioner. Malik a male given name: from an Arabic word meaning “king.”. Khan a title for a ruler in Turkic and Mongolian languages and also used by Persians, Afghans/Pashtuns and Muslim Punjabi. Sardars a word of Indo-Iranian origin also spelled as Sirdar, Sardaar or Serdar, is a title of nobility that was originally used to denote princes, noblemen, and other aristocrats. It has also been used to denote a chief or leader of a tribe or group. marriage with Quran Also known as "HaqueBakhish", "Haq-Baksh-Wai", "HaqBakhshwan", "HaqBakhashwain" .According to a custom of Sindh province in Pakistan, in some families especially Syed (who consider themselves upper caste Muslims) families, members of the families search the proposals for their daughters, sisters in their own families and in case if they could not find any suitable match then they cover the head of the girl and teach her the Holy Quran in a ceremony. The whole life girl remains with the Quran and its called marriage with Quran. The practice is continue and the purpose is do not give the share to female members of the family. Mullah In large parts of the Muslim world, particularly Iran, Pakistan, Azerbaijan, Afghanistan, Eastern Arabia, Turkey and the Balkans, Central Asia, the Horn of Africa and South Asia, it is the name commonly given to local Islamic clerics or mosque leaders. Walwar walwar is the sum of money paid by the groom or his family to the head of the bride’s household. And out of this sum, the bride’s family may provide the couple with a dowry (or jahez), which usually consists of furniture and jewelry/clothes. Sunni are the majority in most Islamic countries outside of Iran, Iraq, Yemen, and Bahrain. Sunna—translated variously as the "trodden path," "the way," "example," or "habitual practice"—refers to the example or path of the Prophet Muhammad and his followers. Taliban is an Islamic fundamentalist political movement in Afghanistan.

12 ACKNOWLEDGEMENT

All praises be to Almighty Allah the Cherisher and Sustainer of the world and the Holy Prophet Muhammad (may Allah’s blessings and peace be upon him), the Final Messenger sent by Allah to the Inhabitants on Earth. I would like to express my appreciation and sincere gratitude to my research supervisor Prof. Dr. Mussawar Shah (Chairman), Department of Rural Sociology, The University of Agriculture Peshawar, for his consistent support throughout my study period, his invaluable guidance and inspiration helped me grow confidence and develop both personally and academically. Being his supervisee, I enjoyed an amazing environment of learning. I am also thankful to Mr. Asad Ullah, Assistant Professor, Department of Rural Sociology, The University of Agriculture Peshawar, for his consistent help and guidance. I pay my heartiest thanks to my dear and loving, family members, friends, Department teachers and all well-wishers for their full support and encouragement throughout the completion of this work. Finally, I would like to extend thanks to all my family particularly my parents & my dear brother Mr. Fazal Mobin Khan for their sacrifices, understandings, and being constant source of prayers and inspiration which enabled me to complete my P. hD work successfully. May ALLAH give them peaceful, happy and a prosperous life “Ameen”.

Fazal Hanan

Dedication I dedicate this piece of work to my parents, specially to my mother, whom prayers made this task a truth in physical appearance.

14 DISPUTE SETTLEMENT IN PUKHTOON CULTURE THROUGH WOMEN AS COMPENSATION ABSTRACT The present study was aimed at discovering the hidden facts causing women as compensation practices in pukhtoon culture. A cross-sectional study was carried out in District swat, four union councils namely Proper Kalam, Othrore of tehsil Kalam and Chupreyal, Bartana of tehsil Matta. Parents, brother or blood relatives of Swara and Swara (Women as Compensation) were 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 seven 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 fell 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 owning 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 resolves 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 was 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

15 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 recommendations in light of the study.

16 I. INTRODUCTION 1.1 Background

The term dispute is a sort of disagreements between individuals. Whenever, any one among the party contradicts a verdicts or an agreement leads to the development of dispute usually based on the consequences in social and moral perspectives. After misunderstood to be the particular cause leading to but a key to resolution is always around. The basic tools applied for resolution are negotiation, conciliation, arbitration, litigation etc, (Afary, 1999). Dispute settlements and their philosophies are uniform across the globe although with variations in traditional approaches. Pacific societies would be different to the Indian and also a more differentiation could be associated with those of European. However, a community role is essential and occupies a central place by providing impetus to the development and operationalization of social mechanics responsible for dispute settlements. Success has been attributed to these phenomena with in large communities and groups pertaining to issue either individuals to individual basis or even individuals to collective conformity (Daniel, 2007;Asesela, 1995; and Stephen, 2003). The nature and complexity of relationships is usually considered a determining factor towards the settlements of issues. In industrial societies established courts have replaced this value system with the culture of rights provisions through vibrant judiciary and perhaps that is the obvious reason that has dominated the other cultural prerogatives in dispute settlements. However, the jurisdiction, application and the outcomes based on the application of dispute settlements in traditional societies are still vital in terms of its social impairments (Nader andTodd, 1978; Cappelletti, 1992; and Bennett, 1991).

The monetary repercussions are an issue pertaining to its value determination quite eminent. However, in most of the cases the number of societies, traditional in nature, exhibit the transition of women for the settlements of dispute across the globe. This has transformed the women as a pray to wishes paradox and used as commodity for the conflict settlements originating from men. This marginalized position of woman has taken a shape of gender based violence within the form of terrible crimes like rape, forced pregnancy and other sexual related slavery. Although both genders are widely affected by the conflicts, however, women are the worst victims to such practices. The fight settlements in two warring clans are often

17 witnessed in the shape of payment as blood money. A woman is usually surrendered to a man who has either lost his brother, close relative or even a girl by the opposite side. So it could be meaningful to derive that usually a beautiful girl is selected and handed over to the rivals in the form of a gift for marriage irrespective of her consent (Sanam, 2006; Bridget, 1996 and Camille, 2005).

Dispute emergence and its subsequent settlement at clans level is perhaps the outcomes of inter and intra marriages within family. Resultant factors in light of disagreement lead to the dispute where woman as property is exchanged for such dispute. At tribunal factors included the women status, social capitals which facilitated the organizations through a reciprocal phenomenon based on cooperation and coordination. Arbitration and adjudication develop in the aftermath of conflict and conflict resolution (Jules and Huge, 2001; Robert, 1993; and Sanginga et al., 2007). Institutionalized system is one of the key instruments responsible for regulation and prediction of behavior. In the light of prevalent norms and social sanction ceremonies and social gathering are often celebrated in a code of manners inculcating the ways of behaving and action. Harmony is always a key to the all activities pertaining to group life. Max (1965) has adjudged reconciliation in the Somali customary law based on rules, regulation and principles for settlement of social, economic and cultural disputes within the warring families. Victor (1969) has also declared rituals have the repairing agents for the ruptured social relationships and that bringing homogeneity and stability within the system. Inter and intra clans conflicts are usually settled under this vary analogy (Abdi, 2003).

Traditionally, disputes pertaining to blood money as compensation have been some constants analogies found across the globe in various societies. The type and amount of compensation could be different but the main philosophy is the same. Mostly killing of a person is compensated with the killing of that particular killer. In some cases some other yardsticks like payment in kind (animals) have been determined for each killing. Women or girls raping is also being dealt with the same analogy in most of the Ugaz’s Tribe (Tadesse et al, 2010). Domestic violence through intimate partner and families has been in practice since long. Cultural endorsement has been found as ancient social indicators with a slightr variations to their application. Incest taboo, marital rape and sexual harassment are some of

18 the key factors to the phenomena of violence and dispute settlement. Pukhtoon culture is no exception to these phenomena. Social implications are very much embedded while foreseeing into the gravity and existence through national’s goggles as its existence in the shape of Karo Kari, Sati, Vani, Watta Sata and Swara. All these mentioned practices could commonly be found in Pakistani society (Wasim, 2003).

Munir and Khan (2011) have examined and reported the practice of Swara across the Pushto speaking areas of Pakistan. In ancient traditions tracing back to the early dates with the main purpose of blood feuds and settlement amongst the warring Tribe and clans. This practice is manifested through forceful marriage of a girl with a man of other tribes for resolving a dispute. Dimension to these effects could be many; however, murder, kidnapping, robbery, discrimination, poverty and landlordism are the major attributing factors. Though considered social norms, however, its practice is not less than an evil as having no endorsement from Islam and even other school of thoughts. Swara is a Pushto word which means compensation through bloods (African Child Policy Forum, 2007). Girls are often handed over for marriage or exchange of marriage to the aggrieved party for dispute resolution based on blood (Hussain, 2004). The terminology contains the meaning and practice of giving girls to the aggrieved family as compensation for blood. This practice has usually been seen within the preamble of existing cultural perspective, devoid of any constitutional and judicial advent (Barcham, 2011).

This act which has taken a shape of cultural norms is almost some 400 year’s old that was first exercised in the Pathan tribes of Mianwali. Obvious reason was bloody war between two tribes which led to the execution of eight hundred people. Latter on Nawab of Tank summoned the Jirga to resolve this dispute. In that Jirga girls were declared as commodity and given to the aggrieved family as Qisas. This verdict proved vital in bringing harmony and later on this decision got the shape of a custom which passed on from generation to generation. No physical age consideration could be specified to this practice even from an infant up to seventy five years old women could be declared as Swara (Khwaja, 2010; and Sadiqi, 2004). Religiously if taken, the forced marriage is strictly forbidden in Islam where emphasis is being given on obtaining consent from the virgin prior to her marriage. It is probably due to the avoidances of complication afterward (Wikipedia, 2007). Islam is a

19 religion explaining in a clear manner the rights to both genders including girls with relation to their marriage. Child marriage has no concept in Islam. Moreover, wife maintenance has been ensured on part of the husband along with her privacy, comfort and independence. In addition, Maher, as marriage gift is also allocated to a wife and has been declared entity to be treated with equity, respect and kindness (Wikipedia, 2007; Bates, 2000; and Afary, 1999).

Khan (2007) has indicated towards the right of child marriage in Pakistani society with multiple agonies. No such any public service is obvious to provide any help or assistance to the victim. Little efforts have also been witnessed in this regard by NGO or Government agency in a substantial way. The question needs to be addressed that whether religious command in our society is incapable of enshrining people about its teaching based on peace, love, harmony and tolerance. Moreover, Quran’s teaching is abundantly available in Sura Nisa which has conspicuously spoken and dictated upon the women rights (AlQURAN, Sura Nisa).

Practices pertaining to force marriage of girls in the light of compensation of murder, raping debts and settling other disputes has been in prevalence in Khyber Pakhtunkhwa province of Pakistan with adjacent tribal built and even going beyond to Afghanistan (Human Development Foundation, 2013). Swara is being practiced with other name Bad in Afghanistan under the same analogy. The probable reason is male dominance, women as inferior folk and recognizing them as commodity instead of human beings. Moreover, the family and clans feud are almost settled through exchange of women, mostly the virgins. This practice has been revealing the agonies of the victims manifested in the shape of premarital sex, female feticides, female infanticide, rape, early marriages, trafficking and domestic violence. Children violence is linked with political climate and social conditions which usually hampers the access of female to education and health care. This antagonistic and hostile attitude has led to the vulnerability of women to violence at every stage of life making it a terrible South Asian legacy (Coomaraswamy, 2005).

1.2 Justification of the study The above review depicts a big dilemma pertaining to women under the preamble of customary traditions related to marriage of female. Review is witnessed of the grim picture about women who have been considered a commodity and being passed on to various

20 stakeholders in various shapes from dispute settlement to blood compensation and forced marriage. This phenomena is mostly reciprocal, however, existence in non-reciprocal is also not exceptional. Discrimination of women in marriage related practices either in perspective of age differentiation, in return of payment in cash or exchange or a return to feud settlement intra family in clans and inter family clans as well have been found as the most grim practice since long (Benson, 1990; and Ali, 2012). This situation is augmented to 2011 that about 8539 women have been found victim of violence with 6.74% increase per year (Aurat Foundation, 2011). Khyber Pakhtunkhwa comprising mostly the Pakhtun belt is very much familiar to this practice in light of long standing dispute at family and clan level. Moreover, the Pakhtun history as a warrior with little submission to a central attachment and with no obligation to roles is a fueling factor to this very issue. Swara women as compensation is considered legitimate practice with cultural endorsement and broadly understood to be religious as well. On the other hand Islamic law ensures a complete sanctity to woman status with role allocation and ownership in property rights along with basic human rights. In addition, Pakistan constitution also debars the practice of Swara with rigorous penalties, inserted in section 310- A of Pakistan penal code which dictates for ten year imprisonment to the practitioners of Swara, through legislation passed on January, 11, 2005 (United Nation Human Rights Council, 2007).

Keeping in analysis the crux produced above indicates the gravity of the situation with major emphasis on the roles of various stakeholders including sociologists as experts, of the field to devise operational methodology by looking into the past backgrounds to this practice. Moreover, vibrant policy recommendations are vital while foreseeing into future to eliminate the roots of this social problem. The study mechanics were dealt with the operationalization of the following research questions.

1.3 Area Profile

Swat is stretched over 200 km from Malakand pass to swat-Kohistan in Malakand division. It has a rich history, spread over thousands of years dating back to Alexander the great invasion of 327 BC. Alexander also married a local women in Swat during his stay in the area. Successors of Alexander ceded Swat into Mariray Dynasty. Ashoka spread his influence as king in 2nd BC and Budhism was introduced in 3rd BC century. In 11th century,

21 Mahmood of Ghazna invaded Swat and Islamic civilization flourished. In 15th century this area was again invaded by Afghan Yousafazai tribe and Pukhtoon culture got dominance. In 1915 Swati tribes elected a central leader and Swat emerged as an independent state under the kingdom of Abdul Jabar Shah. He introduced an independent administrative state. Swat remained an independent administrative unit since 1915 to 1969 and ruled by the successors Abdul Jabar Shah, while reinforcing their dynasty in the meantime. 1969, it was annexed into Pakistan and become a part of Khyber Pakhtunkhwa, province. Swatis are mainly Pakhtoon, compring of yousafzai, Kohistani, Gujars and Awans. Local culture is predominantly influenced by the concept ofPakhtunwali, which has its own ways and means devised for meeting out local ways of life, through its own modifications. The prevalent culture strongly believes in patriarchy where in male dominance has ruined the status of women in the study area. Nang, an integrated component of Pakhtunwali speaks of defending honor of the family at any cost. Women are floated as commodity/property in addressing the disputes amongst the warring families/clans to settle the issues pertaining to every aspect of life through local council i.e Jirga(Abdul, 1997; Karimi, 1995; and Badshah, 2000).

1.4 Research Questions

Q1. To see whether the practice of Swara is culturally embedded in Pakhtunsociety?

Q2. Whether there is some other social dynamics responsible for the establishment of such societal fabrics?

Q3. Whether economic gain/loss is also a meaningful consideration to this effect?

Q4. Whether restriction, though constitutionally ensured, failed to deliver as a law?

Q5. Whether any workable methodology for containing this issue is gettable through cultural and legal preamble?

The study proceeded with the following objectives;

22 1.5 Objectives of the Study

1. To assess the socio-economic and demographic profile of the respondents.

2. To delineate the cultural acceptability of practice (Swara) in the preview of social and economic endorsement.

3. To measure the perception of respondents towards women as compensation (Swara practice).

4. To measure the association between cultural endorsement and women as compensation.

5. To suggest policy recommendations in the light of the study

23 II. LITERATURE REVIEW

Legislative failure

According to Barfield (2003) judiciary system in Afghanistan has little success to resolve civil disputes and to a great extent criminal cases as well. Appeals in the court above court keep cases going on even after proceedings in the supreme court of the country. Eventually the cases are reviewed back from the very beginning or referred to social institutions i.e. Jirga etc and so justice is delayed to a possible extent. Many cases which were proceeded at all levels of the judiciary benches and were just to be decided, were put up to the informal institutions for ultimate resolution. Decision in cases of offences against the state is considered the sole privilege of formal actors while local community has a right to settle down criminal matters among its members and the decisions are registered to the courts or Saronwali for formal recognition. Decisions made by the respective community may comprise compensation (Diat), apologies (Nanawati) and reconciliation (Sulah). Exchange of women as compensation (Bad) has been always considered against Sharia Law and local custom in all ages throughout the world and so condemned. Unlike Pashtun in southern parts of the country, the practice has never been noticed in ethnic groups of the northern Afghanistan. Most of national officials are optimistic for shift in the deep rooted “customary law” through change in social conditions emerging with passage of time. Emergence of new institutions to tackle social conflicts and disputes is an important development and the newly constituted provincial councils plays a pivotal role in it. They abridge the formal and informal systems and are going to acquire an adequate authority for coping with such disputes.

The dynamics of relationships in a society plays a key role in issues settlement. In industrial societies the phenomenon of more access to justice through effective judiciary has replaced this value system that also influences other cultural privileges in disputes resolutions. Still, the authority implementation and the results based on the enforcement of dispute settlements in traditional societies are important in terms of its social ailments. (Nader andTodd, 1978; Cappelletti, 1992; and Bennett, 1991).

24 Sadiqi (2004) conceived that in Pakistan’s governance framework access to and gaining of justice were critical issues. While the situation at district judiciary, which were the first doors to be knocked at for justice by common people, was more distressing.

According to Minallah (2010) Self-initiated measures (Sumoto actions) of the judiciary has played a vital role in highlighting human rights violation in the so-called cultural practices of Swara, Vani or Sang Chatti. A gendered based violence i.e. Swara, Vani or Sang Chatti is a mean of alternative dispute resolution mechanism in which disputes (mostly created by murders) are settled by the conventional conciliating institutions to avoid waste of time and resources in perpetual litigations. According to the mechanism, family of the assassinator compensate the bereaved family with marrying a girl/woman to a member of the bereaved family and the girl/woman enters into the house of the in-laws without any ceremony, to remind the aggressors of the abuse they had caused to the bereaved family.

Niaz (2006) thinks that there is little enactment of constitutional laws and rules regarding equal access to justice by different groups of the society in Pakistan. He also observes that there are provisions in the constitution of the state to prevent abusive and gender biased customs and traditional practices but implementation of these provisions are rare and usually customs dominate settlement of disputes.

There is a dire need of good feelings between the rival parties to settle an issue once for all. In murder cases, a court verdict may acquit an accused or punish him/her but in a context of less respect for government writ, a judicial decision does not necessarily remove the risk of revenge by the bereaved family. They may kill the murderer when having an opportunity and the local community will not consider the traditionally legitimized revenge killing as a crime (Barfield 2003).

In Pakistan people have little facilities to be legally redressed. Primary investigation is very necessary to provide proper evidences but poor investigation/reporting by police about Honor Killing relating to Panchayat has been always the main barrier to provide sufficient evidences for a conviction. A very low conviction rate i.e. less than 10% in Pakistan reflects the basic weakness of evidence and poor investigation by police Zahid (2009). In her article in

25 Harvard Journal of Law and Gender, Hussain (2006) indicates that due to ineffective police investigation in cases of honor crimes in Pakistan, 85% of culprits are either acquitted or given relaxation in punishment.

The slow and superficial investigation provides criminals with enough opportunity to escape. In famous gang rape case of Mukhtar Mai (2002), the FIR was not registered due to the influential Mastois tribe until national and international media intensively highlighted the issue and human rights activists and civil society out cried against the decision of panchayat (Mukhtar, 2006).

According to Mumtaz (1987) in communities with close inter families relations it was easy to amicably resolve disputes, in past. At present indifference is increasing day by day that leads to competitive relationship within the communities. That is why people in Pakistan are less concerned to have a society based on mutual good will but to win and earn and they wander for the best choice among Panchayat, regular courts and Sharia courts to have a favorable state law, customary/traditional law or Islamic Sharia that can make them win.

According to the former Justice of Supreme Court of Pakistan, Zahid (2009) a big amount of $350 million provided by Asian Development Bank for ‘Access to Justice Development Initiative’ programme in 2002, was spent on construction of new courts buildings and furnishing the existent ones but nothing was done for the quality of official justice system.

Cultural endorsement

According to Zartman (2000) future always has its roots in the past, yet for a reconciled and harmonious future of the conflicting parties it is inevitable to look back into the things that went wrong in the past and develop a consensus to pay and accept for a peaceful future. It may be a lengthy effort but once a consensus develops, the oppressors can acknowledge their wrong deeds express their regret and ask for forgiveness and the victims can accept and forgive. Usually such processes involve exchange of material goods as compensation to develop good will among the conflicting parties and transform reciprocity of enmity, into reciprocity of friendly relationship. These material goods may be an economic commodity or “blood money” usually women, according to the respective cultural

26 values. Acceptance of the compensation is recognized as authority of the bereaved to accept or reject while it is considered an apology by the aggressor and so the order is restored to the community.

Patriarchy refers to particular set of attitudes, mindset and way of thinking which value the male more than the female. In patriarchal societies men are thought of as controlling or ruling segment and women are presumed lacking the quality (Barlas, 2004).

Kandiyoti (1987) describes North Africa, the Muslim Middle East (including Turkey, Pakistan and Iran), and south and East Asia (specially, India and China) as solid example of patriarchy culture.

The Daily Dawn (2011) reported that class discrimination, oppression of marginalized groups including women and children and gender based violence i.e. honor killing etc, in Pakistan had their roots in the patriarchal culture of the country.

Violence at cultural level proves relevance of Kazi (1990) theory about cultural violence reflects that cultural violence is used in structural form to give legitimacy to the violence. It legitimizes direct forms of physical violence and permits the structural violence within institutional framework of a society.

According to Amnesty International, in Pakistan, structural violence is accepted by the marginalized groups as their fat destiny. A research by Punjab Government about violence in society revealed that in Pakistan 42% of women conceived violence as their fate, 13% felt helpless to withstand against it while only 19 % protested against the violence and merely 4% decided to challenge it in the courts (Amnesty International, 2004).

The Chinyangara (1996) links history of gender based violence to the history of women being regarded as a commodity and having a gender role to be always compliant to men. In remote areas of Pakistan Women are considered no more than life goods and Panchayat uses them as means of settling a dispute behind the shield of so called culture or religion (Ahsan, 2009).

Ben (2010) article hints at social set up with political and economic prejudices that contributes to structural violence and is harmful both for individuals and the society.

27 Accumulation of power in the few hands causes inequality in a society that instigates structural violence. The affected individuals and marginalized groups are always hampered to access social progress.

Honor could be best understood in its social and cultural context. Honor (izzat/ghairat) and dishonor are the building units of Pakistani culture. When a family could not avenge in terms of injury or humiliation to the rival family, it loses its prestige in the eyes of the community (Lieven, 2011).

According to Chinnian (2005) illicit intimacy, making choice in marriage, wishing for divorce, relations prior to the formal marriage, and being a victim of rape are considered the acts of dishonor. The female subduing to sustain the male honor is a common concept in the subcontinent and male honor is regarded as honor of a family. That is why; any discrepancy committed by woman seems to be against the cultural norms that lessen honor and dignity of the male.

In rural communities of Pakistan, women are always expected to silently accept any decision made by male members of the families, tribe, clan or the community (Hassan, 1995). Women status before the Panchayat forums has been an important issue that has been often highlighted by media and rights activists.

Mondiale (2003)discloses that Swarahas been considered a ‘virtual death penalty’ for the unfortunate women who become subject of this notorious mechanism. In such cases girls who become victim of the tradition physically live but with a lot of troubles and disgrace for the rest of their lives, which is an awful punishment for no guilt. In Punjab, this custom is called Vani, In Sindh it is Sangchatti and Swarain KhyberPakhtunkhawa Province. Unfortunately, these practices are used against women under Panchayat forum in order to violate and manipulate their basic rights, and to perpetuate control over women.

Report of UNDP (2011) reveals that “customs and religious beliefs can be deliberately mixed with the law to consolidate political, economic and social power – to the detriment of less powerful women and men.

28 Economic importance

Qaiser (2004) makes some facts and figures in a report that over 4,000 people have been killed by the practice in Pakistan over the period of six years (1998-2004). 2,700 of them were women and the remaining 1,300 were men. 3,451 cases were submitted to courts. The highest rate of the practice of Karo-kari was in Punjab, followed by the Sindh province. Lesser number of cases have also been reported in Khyber Pakhtunkhwa and Baluchistan (Honour killing and “karo kari” in Pakistan). According to women rights activists, the concept of treating women as property and honor is deeply rooted in the social, political and economic texture of Pakistan. The government is mostly indifferent to the routine happening of women killing on the bases of Karo Kari and honor. While the incidents are usually presented as suicides and/or accidents. DPO Sukkur rates district Sukkur, Larkana, Shikarpur and Khairpur high in murder cases on account of Honor Killing. Property and land, self- interest and the plan to get a specific woman as compensation are among the motives causing honor killing.

Chirau (2002) highlights that in feudal societies economic importance of land defines lives of the inhabitants. Land disputes in such societies are the main cause of violent conflicts which mostly ends with women’s miseries. It becomes a great opportunity for a tribal head to retain his power over the community through his active and leading involvement in the alternate dispute resolution mechanisms. They usually exploit the community support for their own vested economic and political interests i.e., voting support and financial gains etc.

Inter Press Communications (2005) reported that honor killings (murders in the name of honor) in many cases are based on taking revenge from the enemy or for monetary purposes. The Jirga thus becomes an important agent of lucrative dealing and under the decision of the Jirga’s chief, life of the accused is saved in return of a big amount of money.

Wikipedia (2007) finds out that blaming a tribe for theft or stealing is used as a tool to make a rival tribe weak. In such a case land, money or girl is given as the desire of the effected family. According to Ansar Burney(2010) “Many more girls from low-income families are sold into “marriage” in exchange for monetary gains. The younger the girl the higher the price for her would be paid”

29 UNICEF (2009) observes that the concept of honor killing has become an integral part of the rural society in Pakistan and once a woman is declared guilty of having illicit relation it becomes inevitable for the accused woman and man to be killed to restore honor of the woman’s family.

Lieven (2011) according to Pakistan government 45.7% (82 million) Pakistani are living below the poverty line (Jang paper, 8 June 2012). A place where people lack basic life amenities is impossible for them to afford long and complicated procedures of official courts. Sometimes cost of processing a case in Pakistani courts exceeds the value of whatever was at stake.

Location of Panchayat further substantiates its legitimacy, because the formal courts are located in urban areas and the poor communities living in the periphery rural areas can’t afford to visit courts time and again (Deborah, 2009).

When Mukhtar Mai (victim of Panchayat justice) famous case was at its peak, world, Amnesty International (2004) reported that the Panchayat/Jirga justice system in Pakistan had gained more legitimacy, power and weight against the formal justice system because poor people believed that “Panchayat/Jirga” systems were quicker, cheaper and more reliable than regular courts.

According to Jafri (2008) Generally all women, though belonging to different classes, suffer from so called values of culture, but it is a reality that the sufferings of women varies from class to class. Women of the upper class have more access to education and other economic and social resources but still, in some cases, even women of this stratum face strong gender biases from deeply rooted tribal or Baradari base structures and it becomes improbable for them to ask for their rights.

According to UNICEF (2009) “Pakistani women are trapped in a web of dependency and subordination due to their low social, economic and political status in society. The majority of women suffer from all forms of poverty”.

30 Community based support

Matavire (2012) reflects that even in African culture where individual rights are more important than institutions’ authority or collective prosperity, sometimes preference is given to family’s or group interest rather than the individual member of the community. The girl’s parents, often poor ones are compensated with stock or money secretly for their subsistence. This research has revealed that in Muzarabani, the family remains a unit of similar interests. It is an institution whose members make joint decisions in order to maximize family wellbeing despite the individual wellbeing of its members.

United Nations Development Programme (2010) reports that traditional justice setup reflects the values of respective community. Although there is always a shift in these values with the passage of time and even the community leaders are doubtful about acceptance of the new practices. Community leaders relate values with religion while religious leaders affiliate these with cultural structure. And such notions results in negative cultural mechanisms i.e. forced marriage. This can occur particularly with harmful cultural practices, such as forced marriage, handing over a girl to the rival party as compensation (known as ‘bad’).

According to Human Rights, United Nations Assistance (2010), in Afghanistan using girl/woman as a commodity and paying it for resolution of a conflict is a notorious form of violence. Such mechanism as ‘Bad’ or ‘Swara’ etc gives a chance to communities or families to save the accused/convict and restore a pseudo peace on the cost of an innocent girl. And honor of the bereaved family is reinstated by punishing a woman for nothing she did wrong. Besides murders, ‘Bad’ is also used to resolve other serious moral crimes and acts such as adultery, rape and running away of a woman mostly from a forced marriage. But this kind of settlement of a conflict is not always a sustainable one. In exchange marriages daughters of two families are married in exchanged. Respondents of a study described exchange marriages, ‘Badal’ as a common trend everywhere in Afghanistan, but reported that they are most frequent among poorer rural families. Still all communities in the area don’t practice Badal; the majority ethnic Uzbek population of Jawzjan province, for example, has no such conventions.

31 Wassara (2007) reports that the Dinka and Nuer people had the traditional authority to enforce decisions. The main actors in conflict resolution among the Dinka are the Bany Bith in the Dinka community and the Kuar Kwac in the Nuer community. Their offices are spiritual in nature and hereditary, which are held by special priestly clans. These leaders had no political or executive authority to compel parties in a conflict to abide by the decision involving compensation. Yet, the Dinka and the Nuer respected this person who alone had a moral force to make the parties to a conflict to comply. They perform sacrifices, oaths and mediate in all types of conflict. Any offender who seeks refuge in the residences of the Bany Bith or the Kuar Kwac is spared by the offended. The most familiar mechanisms of conflict resolution consists of customary mediation, compensation and restitution. In the context of the Dinka and Nuer, mediation by elders requires the consent of parties to settle the dispute. Religious persons such as the Bany Bith and the Kuar Kwac are the ideal solicitors. Although, any other respectable elder qualifies to settle disputes. Another mechanism of conflict resolution is compensation. It applies to both criminal and civil wrongs against an individual. The compensation for adultery is known as akor, which is paid to the husband of the woman involved in adultery. An individual who elopes or commits illicit sexual offence with an unmarried girl pays aruok to the father of the girl. Finally, an accidental death or physical injuries calls for the payment to the parents of the victim.

Dispute settlements and their philosophies have resemblance across the globe although traditional approaches vary from culture to culture. Pacific societies would be different to the Indian and also a more differentiation could be found with those of European. However, a community plays a pivotal role in the development and implementation of social mechanisms responsible for conflict resolution. Such mechanisms have always been considered successful with in large communities and groups relating to issues either between individuals or even between individuals and collective conformity (Azinge, 2005;Asesela, 1995; and Stephen, 2003).

Havemann (2012) reflects that in Panchayat justice women are used as a commodity paid to the opponent party as compensation to save the life of an offender and or make the opponent party happy for a lasting peace. And the practice becomes very cruel when small girls become subject to it. Usually, in remote areas girls are used only for safety and

32 peacemaking mostly benefiting the male community only, while the subject girls live a life of miseries and disgrace till their death. In these areas women live completely on the disposal of men and have no choice of their own.

According to Risse not only the general communities or the victim families accept and endorse such notorious practices but even the affected ones consider it as a sacrifice to protect their respective families and accept it as their fate so it becomes very true that ‘Women are rarely prisoners of conscience but they are always prisoners of culture’ (Risse, 1999).

According to Pur (2009) Rapid decisions of Panchayat are considered an effective alternate for the lengthy process of official justice system with a concept that justice delayed is justice denied. Delays in formal courts provide the offenders with an opportunity to distort the case through dislocation of the important documents, tempering the evidences and influencing the police investigation.

UNDP reports that Informal justice system has its roots in social norms of a society that is owned by the respective communities (UNDP, 2006). A village community in Pakistan is a mix of cultural, family and religion. That’s why the decisions of Panchyat system are backed and enforced through social influence and the deviators many times bring disfavor of the community upon themselves. In this way Panchayat decisions, the license of social norms is manipulated against the women, children and marginalized groups to settle the disputes and victims of this system have to accept their decisions under the influence of family and social values.

Malawi Human Rights Commission (2005) reported that violence against women in Solomon Islands often involved compensating the aggrieved party’s family and suggestions to reconcile by the chief or church leader. Most women felt that the traditional justice system was not meeting their needs because it was men oriented and was also administered by men.

Newman, (2011) thinks that traditional practices are further made harmful by existence of poverty, illiteracy and ignorance. These practices are means of cultural transmission and a means of livelihood for those involved in the practice such as Female Genital Mutilation.

33 Illiteracy

Zamurrad (2012) found that women of middle class could rarely withstand violation of their rights by the male family members (although mothers–mostly uneducated or semi- educated, were equally responsible to enforce these prejudices). The issue gets more severe in case of higher education of female members and the choices they make about their profession. Of course this class considers itself as an upholder of so called cultural and religious norms.

According to Madani (2005) in rural communities, women are usually assigned with housekeeping, bearing and rearing children. And it is mostly because of their little or no access to education. In farming families, besides housekeeping tasks, women also equally contribute to household economy but the role is seldom recognized by the male segment.

UNIFEM Afghanistan (2008) reports that many traditional and religious leaders reinforce these notorious customs on poor and ignorant people in disguise of Islam, while in most cases, however, these practices have no relevance to Sharia law as well as Afghan and international law and are violations of human rights of women.

Khawar (2010) considers education among the vital factor regarding women liberty in various domains of decision making process in Ethiopia. According to Khawar’ study report, Women exchange practices Swara etc are mainly associated with low literacy, male dominance, patriarchal family setup, failure of judicial institution and Jirga system in Pakistan (Tesfa, 2002; and Mumtaz and Nosheen, 2014).

Shadow (2006) reports that Low productivity is usually caused by low income, high population growth and less employment etc, while other important symptoms of population explosion and low literacy are early and or forced marriages (UNICEF, 2009).

Michael (2001) and Jennifer (2009) links the tradition of Swara practices and other human rights violation with influencing forces i.e. Jirga as an institution backed by so called religious leaders and other influential members of the community. Other root causes of such heinous practices like Swara or forced marriages are culturally embedded laws which have been always seconded by local bourgeois and ignorant communities (Richard, 2007).

34 Kakar (2003) finds out that customary statutes of so called Pakhtunwali and Jirga are just to oppress women and retain the supremacy of male segment. Mumtaz, (1987) explored the rural area composition with improbable working of women based on inconvenient working environment and low literacy that cause pathetic troubles for women.

Ennis (1975) found out that lower middle class of Pakistani were reluctant to allow their women to get higher education or involve in a job. They thought women education as humiliating women to do jobs in market or as domestic servants. However, contrary to it Rizwan and Sabir, (1976) infer that the women education and job as a means of national progress and productivity.

According to Zaidi (1971), due to shift in the cultural and social dynamics of the rural areas, nearby to the city, there is an increasing understanding and realization of women education to do job and contribute to household economy. However, Akhtar, (1992) reported that women in rural areas of Afghanistan, Nepal and Pakistan have little facilities to get their education mostly because of traditional perspectives in their respective communities.

A report of Census Organization Pakistan (1998) concludes that Pakistan, despite the emphasis on female enrollment, has no comprehensive arrangement to consolidate the female education programs. While a concept of threat to women honor woks as another agent to detain women from getting education (Weinstein, 2001).

Poor religious fallacy

UNIFEM Afghanistan (2008) reports that large-scale harmful traditional practices i.e. child marriage, giving away girls for dispute resolution, forced isolation in the home, exchange marriage and “honor” killings, cause miseries in all spheres of life to a majority of Afghan women and girls. Such practices have their roots in gender biases and discriminatory approach to women role in the society. And these practices are supported by traditional as well as religious leaders, while it has little to do with Sharia or any national or international law. In force marriages consent of one of the spouses is missing. In Afghanistan exchange of girls called Badal is a prominent type of forced marriages. Child marriage (by its very nature forced) and forcing a widow to marry a relative of a deceased husband. According to

35 UNIFEM report (2008), 70 to 80 per cent of Afghan marriages are forced. UNAMA HR found out women consent is given no importance in most of the marriages.

According to Bukhari (1999) this is an un-Islamic practice as Islam does not allow a forced marriage. The Holy Prophet clearly directed that a woman should not be married till she is inquired for her consent. Once a women came to the Holy Prophet (peace be upon him) and said that her father wanted to marry her to someone, but she disliked that person. The Holy prophet immediately declared that marriage null and void.

Al-Juzairi (1977) A world renowned Islamic Scholar says “The Sanctity of matrimonial bond (Nikah) solely depends upon the consent of that lady.

Surah Al-Fatir or Al-Mala'ikah (No: 35) has mentioned that When we want to get guidance about this custom from Holy Quran, we get an indication regarding the exclusion of such custom. The Holy Qran says, “For men there is reward for what they have earned, (and likewise) for women there is reward for what they have earned (14).In another verse The Quran says, “And no bearer of burdens shall bear another's burden, and if one heavily laden calls another to (bear) his load, nothing of it will be lifted even though he is near of kin.

Yazeed (2007) stated that Similarly, The Messenger of God clearly said that no one will be punished because of another’s crime. I would like to quote only one saying of the Holy prophet (Peace be upon him) so that we may be able to make decision regarding prevention of such customs. It was narrated from Sulaiman bin 'Amr bin Ahwas that his father said: I heard the Messenger of God saying during the Farewell pilgrimage: "No criminal commits a crime but he brings (the punishment for that) upon himself. No father can bring punishment upon his son by his crime, and no son can bring punishment upon his father."

According to Yusafzai and Gohar (2005) the Pakhtun’s social organization, tribal structure and peculiar customs and traditions sometimes lead to disputes. In fact, the age-old Pakhtun code of life or Pakhtunwali responds to situation. Hassan and Gohar opine that Pakhtunwali not only has an equality oriented solutions for settlement of conflicts and disputes but also enhance self confidence among Pakhtun communities. Some components of Pakhtunwali may appear nave to other cultures of the world but for Pakhtuns these are like

36 religious rites. Many times, in Pakhtun society, conflicts are raised by Animosity, Badal (revenge), Taunt, Honor killing, Swara, Chagha, Property disputes, other social evils.

International Legal Foundation (ILF) (2004) reports that though Afghans are known good Muslims yet mostly their traditional legal system is an amalgamation of local customary laws and locally interpreted Sharia. According to a report from the International Legal Foundation (ILF), the involved parties may in some cases choose whether the dispute will be resolved according to customary laws ‘Pashto’ or ‘Sharia’.

Mkhize (1990) recorded that According to Islamic teachings have tribal practices which now have become the part of Islamic societies have no validity regarding Sharia. She acknowledges that Islamic societies have made a mixture of Islamic concepts and their local culture that has never been reflected in the Islamic vision of equality and reciprocal moral relationships.

According to Hussain (2006) Honor Killing ‘Karokari’ has nothing to do with Islam and it is purely a product of customs and culture of pre-Islamic eras. He also added that “honor is a deep-rooted tradition notion that originated in desert tribes”

According to Babur (2007) killing a woman or girl for an offence is not a punishment under Islamic Law or Sharia and most of the Islamic countries don’t have such practices at all.

Tribal structure approach

Atayee (1978) reported that traditional or informal justice system of resolving disputes between individuals, families and tribes. In Pakistan, this legal mechanism has become a tribal justice system in various forms with different names. Prominent form amongst those is Jirga in Khyber Pakhtunkhwa, Tribal Area and Baluchistan, Faislo in Sindh and Punchayat in the Punjab province. Many scholarly work has been done on Jirga/Faislo/Punchayat as customary practice which legally justifies the ‘Honor’ related to crimes or laws. Other functions of Jirga/Faislo/Punchayat comprise solicitation and reconciliation among conflicting parties. Thus traditional justice system in the form of Jirga is traced back to old

37 ages and has been prevalent and practiced in both officially designated and non-designated areas in Pakistan. In the aftermath of development of ADR mechanisms through court- annexed and other institutional arrangements throughout the world has reoriented the debate in the country as well as realization in the UN specialized agencies to analyze the impact of these mechanisms and their interaction with official justice system.

Amnesty International (2002) reports that political parties had done nothing solid for eradication of the traditional justice system. Rather, government’s initiatives to use Jirga to settle local disputes have revitalized the naturally dying system. According to Some critics some supposed advantages of tribal justice i.e. cheap and swift resolution of disputes, familiarity with tribal people and capability of solving conflicts in a lasting way could not justify the grey areas of the mechanism. Yet some observers are pro Jirga and plea for its revival with some reforms. Journalists and academics working on tribal developments in the interior of Sindh or rural Baluchistan still have the concern that tribal justice grew due to failure and inaccessibility of the state justice apparatus. Such depending factors in turn undermine and weaken the official judicial system and respect for the rule of law. Such mechanisms not only erode the writ of Law but also promote feudalism.

Saleem et al. (2011) expressed that in post-colonial societies that lacked formal judicial institution have informal mechanisms of justice and are still practiced widely particularly in Africa and South Asia. In Pakistan, nowadays Jirga is not only used as a customary practice to legitimize honor crimes or other harmful traditional practices i.e. vani or Swara, it is also used as an actor of reconciliation, mediation or arbitration. Most of feudal lords or tribal chieftains have representation in both provincial and federal setups while they are the main player of these traditional institutions under various denominations called Fasilo in Sindh, Panchayat in Punjab, Jirga in Balouchistan, KP and FATA. In all of them, there is a practice that a woman is given in compensation for any kind of dispute either of civil or criminal in nature. According to the tradition women are given in ‘Nikah’ to resolve different kinds of disputes. These marriages are known as ‘Vani’, ‘Sakh’, ‘Swara’ and ‘Sharam’ with the difference of languages in different areas. Poor living condition, low social status, inaccessibility to justice and high cost of formal judicial apparatus are key factors which leave little or no option but to obey the verdict of headman of the tribe irrespective how biased or

38 unjust it may be. In Sindh compensation for murder of a female is fixed at Rs. 8, 00,000/- which is double the amount as compared to the compensation for the murder of a male person. A juvenile offender is dealt in different manner. Though he/she is also given the same punishment in shape of compensation but the amount is paid by his family members and in case they cannot pay (the amount of compensation), co-villagers or caste fellow contribute and pay to the victim. Sometimes minor offenders are dealt with leniently. In urban areas where Punchayat system effectively works, wrong offenders are not convicted but different types of punishment are awarded which include payment of fine, transfer of land, hand of a girl (BAZZO) from family and in case the accused is from very low social status and there is no female in his family than the accused is asked for giving hand of baby girl which is yet to be born and for this they use the words ‘PAIT DAINA’.

Ali (2001) cited a news item in the newspaper that reported that two groups belonging to Bhaya clan clashed over the honor related issue of woman’s free will marriage. The accused woman and man disappeared and it was told that the local chief of the group settled the dispute though Jirga in which two women as compensation were demanded from the man’s party blamed for the honor offence. The accused party rejected the demand of women compensated for marriage.

Kandiyoti (1987) finds out that Jirga don’t always sentences a woman, alleged for illicit relation, to death. In many such cases, Jirga makes decision about fine or compensation both in the form of cash and or exchange of girls. Sometime the kari (accused) woman is sold or forcibly married to another remote area. In a case near Chak in Shikarpur District, it was reported that a Jirga related to honor related case was held in which alleged man was fined with one lake rupees and twenty thousands. The alleged woman and man were handed over to Jirga holders. The accused party denied complying with the Jirga decision.

Wassan (2012) related that Karo-kari or honor killing was a tribal custom and it was manipulated by tribal chieftains and feudal to retain their power and control over poor communities. And it was not so only by the tribal leaders and feudal but their accomplices also practiced the same. In the context of conventional rural society, it was interesting to find out that these influential kept their power and influence in the three main areas i.e., land/revenue, women and police matters. In other words, the tribal head played an important

39 role to address and solve the community affairs for their own vested interest i.e. power and authority.

Menkhaus (2000) discovers in his study that the transformation of traditional approaches from the local to societal contexts is a complex process e.gin Somalia traditional peace-making trend are strongest at the local and regional levels than at the national level. Osaghae (2000) reported that even traditions were developed at local level these also played a great role in peace making at larger level. Apparently simple conflicts many times involved most groups in the community because of the inter-relating character of traditional communities. This phenomenon reflected that simple and complex conflicts were the two phases of the same. Consequently, resolution of routine often resulted in the prevention or resolution of more serious and expansive ones. Boege (2006) explores that traditional approaches are integrated and overlap in political, social, economic and religious domains. These could not be categorized in isolation. Traditional approaches may not comply with universal standards of human rights and democracy. For instance, decisions made by elder men about women and youngster without hearing to their say has little place in international community. Women are the most frequent victims of such mechanism to resolve conflicts between males, e.g. swapping of women between conflict parties or gift of girls as compensation, or compensation negotiated by male community leaders and exchanged between males for the rape of women or girls. According to Grubecket al. (2011) Xeer, Traditional Somali law, which is operated at local clan level, is the defining features of Somali society. It comprises provisions for collective compensation (diyya, or blood money) and a reconciliation based structure for the resolution of disputes. This is supported by the risk of direct retaliation by the victim’s clan in failure of settlement. Clan elders’ traditional authority has gradually declined and it becomes difficult to apply the tradition in a modern urban context regarding serious armed conflicts. Yet due to respect for the mechanism in the communities, most of the rules are still applicable. This traditional system is based on collective compensation and reconciliation rather than on individual punishment.

Jahangir (1990) Situation Analysis Research reveals that in Khyber Pakhtunkhwa 69% member of the civil society rely upon Jirga system for resolution of disputes.

According to Ali, (2001) most of the respondents of a research study in Punjab expressed their satisfaction with the Jirga or Panchayat system and 79 % were of the view to

40 continue with the system. Fairness in decisions, swift process and less expense were the main reasons to favor the traditional system of justice. UNDP (2006) reported that in developing societies 80% cases are settled through informal justice mechanisms but these mechanisms are often criticized for gender prejudices, discriminatory treatment and violation of international standards of human rights in decision making. Mukhtar (2006) ‘in the Name of Honor’ reflects that women are treated like beasts and paid as compensation for conflict resolution without being given any basic right of choice making. According to Pur and Krishna (2009) In Malawi nine tenth of all disputes are resolved through traditional justice systems. In Sierra Leone, almost 80% of the population nock at the door of informal justice systems, which are legitimized both by state and custom and these laws, are applicable to specific groups and communities in Sierra Leone. According to an estimate 80% of Burundians are satisfied with the systems and take their cases to bashingantahe forum to get justice. Informal justice system exists in Peru from long ago and still functions effectively. In Bangladesh, about 10% of local conflicts or disputes are resolved through Salish mechanism. This alternate justice system operates at village level and people have an easy access to it. Three fourth of African nations practice traditional justice. In India, Nyaya Panchayats is working since 1950 at village level with government support to decentralize the judiciary and make justice system more easy, quick and accessible indigenous communities. Lok Adalats is another way to settle conflicts and disputes at local level.

Compensation practices Kuma (2001) reports that Conflict resolution refers to a complex network of forces relating to conflicting rivals. In the conciliation process all the stakeholders are expected to contribute positively and a struggle is made towards social harmony through restoring peace and good will among conflicting individuals and families. In such situations, symbolic gestures and some rituals i.e. exchange of gifts, and feasts are considered necessary ingredients of the process. UNDP (2010) reported that the Purahn Ban often facilitates process of compensation and determination of the amount, and there is always a kind of spiritual sacrifice i.e.

41 slaughtering a cow, buffalo or pig etc charged on the offending family. The Purahn Ban asks all involved in the conflict resolution to participate in a party celebrating the end of the dispute. This also provides witnesses to the reconciliation and pledges they make to keep peace. Magnitude of sacrifice mostly depends on the scale of the case e.g. resolution of a minor dispute was just celebrated with a chick and a jar of wine while for a serious offence, a buffalo, a cow, or a pig was required to be slaughtered. In such feasts, both the parties ate and drank together to heal feelings among them. In cases where the conflict was resolved using a bet-swear test, the losing party provided most of the resources for the ceremony and spirit sacrifice. Reda (2011) thinks that according to afar customary law, the amount of compensation is mostly based on the nature of the offence and the context it is committed in. A wound without bones not being exposed is considered a minor offence and only a goat is paid to the injured by the offender to “wash his blood.” Then after a day or two the offender again offers another to “heal the wound”. This is called Maldino. Finally, there will be a compensation payment (Morrusso) ranging from 12 Birr to a camel depending on the seriousness of the injury. The compensation is also related to the part of the body that is injured and the payment varies from low to high according to the less important part of the body to the most important one. Deegan (1987) asserted that rituals were inevitable for restoring the distorted social relation and promoting harmony. Conflicts within and with other clans were always settled through traditional systems. Bourdillon (1998) describes Lobola a custom in which the husband (or his family on his behalf) delivers or promises to deliver to the father (or guardian) of the wife, stock or other property, in consideration of which the legal custody of the children born of the marriage is vested in their father (or his family) to the exclusion of any member of the mother’s family. Lobola is negotiated by the heads of the two families or their representatives in the presence of a messenger. Traditionally, cattle were paid by the groom’s family to that of the bride upon marriage, but now bride is usually paid in cash. Qaiser (2004) related in his study that various types of compensation for resolution of conflicts are mostly due to honor killing.

42 Saleem et al. (2011) unveils his study that throughout Pakistan women is given in compensation for any kind of disputes either of civil or criminal nature. And it is mostly due to cultural norms and or religious/moral obligations. Other types of compensations i.e. land, cash or cattle are also made but mostly in minor cases, but marrying a woman as Swara is the top priority to settle down disputes of severs nature.

According to Vincent, all traditional practices i.e. polygamy, forced marriages, child marriages, payment of women in compensation and payment of bride price etc are mostly because of gender discrimination. Payment of bride price and child marriages takes place in most SADC member states as part of traditional culture ignoring changes in social contexts. In many communities girls are brought up as a source of wealth for their families and trained to be prepared for marriages. In these regions, Most of the brothers have a common notion that their sisters have no right to their fathers’ property (Vincent, 2006).

Synthesis of review The social dynamics of relationship play an instrumental role in addressing the social issues in a society. Judicial systems under the patronage of constitutional frame always guarantee to redress the agonies of the people with multi-dimensional amelioration. The institutional frame of the society has a dynamic role to perform. However, it has been observed that in Pakistan like other developing countries the provision of justice through constitutional laws and enactment regarding equal access to justice for all segments of societies is still a dream. Most of the inter and intra family dispute are settled outside the domain of constitutional approach, rather, going for reconciling through cultural and traditional mechanics of society. Class discrimination and marginalized position of women have further added to the miseries and agonies of this neglected segment with the consistent and dominating role of patriarchy. In most of the rural communities of Pakistan, women are seldom allowed to decide over their destiny, rather, the males have to decide over. Local traditional mechanism through various traditional institutions like Jirga, Panchayat etc have also denied them of membership to decide over pertaining to their plight in society. Male with all support and supremacy from patriarchy are doing all sort of evils without any responsibility to pay back, rather, women are forced to reciprocate for their deeds through traditionally justified mechanism irrespective of its repugnance to constitution of Pakistan, religion of the area and other moral and social yardstick of civilized world. This study is an

43 attempt to discover all the hidden facts cultural, traditional, structural, and religious, with economic deprivation and prevalent illiteracy for the purpose of coming up with a workable methodologies to mitigate the distress and agonies of women in the study area. A conceptual framework derived from the crux of the review has been devised with seven independent variable and one dependent variable as shown in Table-2.

44 III. RESEARCH METHODOLOGY

The present study was carried out in Swat District to determine the relationship between dependent variable, “Women as compensation” (Swara Practices) and independent variables (various socio-cultural factors) which lead to such discriminative practices against women in the area. To reach into the required results the following procedures were adopted.

3.1. Study Design

The research study was a “Cross Sectional” study usually called as “One Shot” or “Status” studies. Cross sectional study design was the most suitable for determination of existing phenomenon, problem, attitude, perception, or an issue, by taking a cross section of the population. This design gives an overall picture existing at a time (i.e. at the time of study). Such studies are cross sectional with reference to both time of exploration and study population (Babie, 1989). The present study interest was to determine the possible relationships between women as compensation and its socio-cultural factors against women. The study design was elaborated in the following sub-headings.

3.1.1. Universe of the Study

The study was limited to Swat District of Khyber Pakhtunkhwa Province. It is densely populated area, lacking basic living facilities for all age groups, and having great similarities in social and cultural background of its inhabitants. Culture is the major driving force in molding the behavior of the locals. Therefore, women as compensation prevailed as culturally endorsed practice for resolving blood, property, family and honor related disputes. Prevalence of women as compensation in the area made it a suitable place to study. The study universe constituted Kalam Bazar, Kass, Boyoun, Kokonail, Ashuran, Oshu, Mateltan, Shaho and Jalband villages of Union Counsil Kalam, Othrore Bazar, Gabral, Kani, Anakar and Batandar (villages)of Union Counsil Othrore of Tehsil Kalam and Bar Banda village of Union Counsil Chupreyal and Sar Band and Telai village of Union Counsil Bartana of Tehsil Matta.

45 3.1.2 Sampling

Sample is a representative subgroup of the population in characteristics whereas sampling is the process of selecting a sufficient number of subjects from population, which is supposed to be a true reflection of the major population, the results of which are generalized to the whole population i.e. the sample statistics are used as estimates of the population parameters (Sekaran, 2003). For deciding number of observations that were taken in a study for data collection, the most important tool used is sampling. Appropriate sampling increases the reliability of the data i.e. if sample size is the true representative of the whole population; the results closely resemble population characteristics.

As the representativeness of the sample was critical for the study, Lottery Procedure of Simple random sampling, a subtype of probability sampling, was used to bring more consistency and reliability in data. The distribution of the respondents to various strata of study universe is given in the Table-1. All

46 Table: 1 Sample Size Distribution into Various Strata of Study Population S. No Village Name Population Size Sample Size

A. i Tehsil Kalam, UnionCounsil Kalam 1 Kalam Bazar 24 14 2 Kass 21 13 3 Boyoun 08 4 4 Kokonail 09 5 5 Ashoran 06 3 6 Oshu 31 17 7 Mateltan 19 10 8 Shaho 08 6 9 Jalband 30 16 Total 156 88 ii UnionCounsil Othrore

1 Othrore 24 13 2 Gabral 55 30 3 Kani 30 17 4 Anakar 46 25 5 Batandar 38 21 Total 193 106 B.i Tehsil Matta, Union Counsil Chupreyal 1 Badar Banda 05 2 ii Union Counsil Bartana 2 Sar Banda 09 6 3 Telai 06 3 Total 20 11 Grand Total 369 205

47 3.1.3 Sample Size

How large a sample size is supposed to be a function of the variations in the population parameters in the study and the probable results needed by the researcher. The greater the dispersion in the population the larger would be the sample size for a particular precision level. The precision is measured by the interval range in which parameter estimate is expected to be present and the degree of confidence one desires for such estimation. Furthermore, sample size is also affected by the size of the population and the cost considerations (Cooper and Emory, 2000).

In this research study, there were several variables of interest in a theoretical framework. The point of concern was how to decide a sample size considering all these variables. Sekaran (2003) simplified the sample size decision process, for multiple variables, by providing a Table that greatly facilitates the decision of sample size and ensure good decision model with maximum accuracy.

For a population size of 369 the Table provides a sample size of 205 respondents. The sample size was distributed in the different strata of the universe and the sample size was drawn through proportional allocation method given by Kumar (2010) (See Table-1). n1= n.N1 /N.

Where n1 = Sample required for each village n = Total Sample Size

N = Total Population

N1 = Population of corresponding village

3.1.4 Characteristics of Respondents

For finding the objectives of the study by preferring an approach which was classified as realistic and diverse, the investigation from all possible representativeness of women from diverse socio-cultural backgrounds was ensured. For relevant, significant and creative information, the respondents in following preferential order were selected.

1. Women given in compensation (Swara).

2. Parents of the Swara.

3. Brothers or Blood relatives in case of absence of parents of Swara.

3.2 Conceptual framework

Conceptual framework of the study comprised of three backgrounds, seven independent and one dependent variable as given in Table-2

Table-2 Conceptual Framework of the study

Background variables Independent Variables Dependent Variables

Education Legislative failure

Family Type Cultural endorsement

Income Economic importance Women As Compensation

Community based support (Swara Practices)

Illiteracy

Poor religious fallacy

Tribal structural approach

3.3 Data Collection

3.3.1 Construction of Interview Schedule 3.3.1.1 Likert Scale The present study embarked on utilizing the likert scale for the purpose of ascertaining the attitude of the respondents regarding the phenomena under investigation. In this type of scale item is evaluated on the basis of respondents choice regarding a statement on the basis

49 of established discrimination while giving score to the statement either high or low. In such scales attitude towards a given object is assessed through favorable or unfavorable responses which indicate towards agreement or disagreement to the statement in the questioner. Each response is then given a numerical number and then favorableness or un favorableness is calculated which represents the respondents position over the issue under investigation within the orbit of favorable or un favorable. In this study the respondents responses were categorized as agree, disagree and uncertain as shown in Annexure-I (Kotari, 1995).

For collecting primary data, a well thought out and comprehensive interview schedule was designed, encompassing all the basic aspects of the study. The conceptual frame work was designed with one dependent variable (Women as Compensation), three background variables and seven independent variables (Table-2). The interview schedule was pre-tested for its relevance to objectives of the study and the inconsistencies and ambiguities were omitted before actual data collection. The data was collected by a team of investigators lead by the researcher himself. The investigators were provided proper training prior to data collection.

3.3.2 Indexation

It is a measurement norm in social science research, particularly when dealing with attitudinal statement, to use at least two items for measuring a single concept or variable. This act of combing two or more items has been referred to as index construction (Smith, 1981; and Nachmias and Nachmias, 1987). The dependent variable was indexed to get the desired degree of the responses.

3.3.3 Reliability Analysis

It is a statistical procedure used to certify the items under observation for an index representing a single concept and internal consistency. There are two key methods available for working out reliability namely, split-half reliability and Cronbach’s alpha test. The Cronbach’s alpha test was used for working out reliability in the present investigation. The reliability coefficient for the present study was found 0.74. In most of the studies focusing on behavioral aspect, a reliability coefficient of 0.7 is considered to be the appropriate (Nachmias, 1992).

50 3.4 Data Analysis

The collected data was coded and entered in SPSS software for its analysis. All relevant statistical tools i-e frequency and percentage distribution were carried out. Moreover, 2 test statistics was used to determine the level of relationship between dependent and independent variable. Gamma statistics enabled to explain the strength and direction of relationship at Bi.variate level with the aforementioned variables (See Table-2).

3.4.1 Chi-square test

Chi-square (2) test was used to test the hypothetical association between independent and dependent variables. Following procedure was adopted to calculate chi-square as was outlined by Tai (1978: 353).

2 2 ( ) = ∑ ∑ (fij – Fij)

Fi Fj Fij

Where

(2) = Chi-square for two categorical variables

fij = the observed frequencies in the cross-classified category at ith row and jth column

Fij = the expected frequency for the same category, assuming no association between variables under investigation

The formula simply directs one to take squared summation of the frequencies for each cell, divided by the expected frequency. The resulting frequency is distributed as chi- square with relevant degree of freedom. The degree of freedom is calculated as follows;

Df = (r-1) (c-1) where Df = Degree of freedom r = the number of rows c = the number of columns

51 The assumptions for the test were that the subjects for each group were randomly and independently selected, the groups were independent, and each observation qualifies for one and only one category. Furthermore, the sample size must be fairly large that no expected frequency is less than 5, for r and c >2, or < 10, if r = c = 2. These assumptions, however, were violated several time in the data therefore, Fishar Exact Test which also known as Exit Chi-square Test was used instead of simple Chi-Square, to overcome the violation of Chi- Square assumptions. The relationship developed by fisher to overcome such violation is given in equation below (Baily, 1982).

Fisher Exit Test Probability = (a+b) ! (c+d)! (a+c)! (b+d)! N !a !b !c !d ! Where a, b, c and d were the observed numbers in four cells of contingency table and “N” the total number of observations.

3.4.2 Gamma

As the data in the study is ordinal in nature Gamma was the most appropriate measure used to find out association for contingency tables (Tai, 1978). The reasons for appropriateness of Gamma were outlined by Nachmias and Nachmias (1992) that helped in determining the strength and direction of relationships between dependent and independent variables.

The formula for Gamma statistics is as following

NS - ND = ע NS + ND Where; NS = Same order Pair ND = Different order Pair Gamma = ע (Nachmias, 1992).

52 3.4.3 Bi-variate Analysis

Bi-variate analysis was carried out to study the association between independent variables (Legislative Failure, Cultural Endorsement, Economic Importance, Community Based Support, Illiteracy, Poor Religious Fallacy and Tribal Structural Approach) and dependent variables (Women as Compensation). For this purpose the dependent variable was indexed and cross tabulated with independent variables. Such analysis tells us the strength and direction of the association of variables. Bi-variate association tests included chi-square test (Fishar Exact Test) and Gamma (γ) statistics.

3.4.4 Multi-variate analysis by contingency tables

Multi-variate analysis was undertaken to determine the spuriousness or non- spuriousness of the relationship among independent and independent variables. Independent and dependent variables were indexed and interpreted on Cronbach’s alpha coefficient’s criteria while controlling three background variables namely, education, family size and income of the respondents.

53 IV. RESULTS AND DISCUSSIONS

Findings pertaining to dispute settlement through women as compensation in Pakhtoon culture are given and discussed in this chapter under various sections and sub section. Section 4.1 carries information about respondents’ profile. Findings regarding general information of respondents are given in section 4.2. Findings on respondent’s attitude towards legislative failure are presented in 4.3 section. Moreover, 4.4 carry findings on respondent’s attitude towards cultural endorsement. Findings on respondent attitude toward economic importance are presented in section 4.5 while, findings regarding respondent’s attitude towards community based support are presented in 4.6 and findings on respondent’s attitude towards illiteracy are presented in 4.7. Section 4.8 presented respondents attitude towards poor religious fallacy, while findings on respondent’s attitude towards tribal structural approach to dispute settlement are presented in 4.9 and section 4.10 contained findings on respondent’s attitude towards women as compensation practices (Swara). Section 4.11 carries relationship between dependent variable (women as compensation) and independent variables (legislative failure, cultural endorsement, economic importance, community based support, illiteracy, poor religious fallacy, tribal structural approach to dispute settlement) were worked out through cross tabulation. Findings on various statements of dependent (Women as Compensation) and independent variables were indexed at bi and multi-variate level and presented in section 4.12. In the concluding section of this chapter, findings on the association between the dependent and independent variables at Multi-variate level for indication of spurious or non-spurious in the relationship after controlling background variables namely respondents literacy, family type and income are given and discussed in section 4.13.The results are concurrently presented and discussed as follows;

4.1 Respondents profile

Respondents profile comprised of gender and residence of the respondent’s age, national identity, family type, and family size, level of education, monthly income and occupational status of the respondents are presented as follows;

54 4.1.1 Gender of the respondents

Frequency distribution and percentage proportion of gender of the respondents in the study area is given in Table 4.1.1. Table disclosed that majority of the respondents (99.0%) were male while only (1.0%) were female. It is probably due to strict traditional environment and prevalence of patriarchy, where women are restricted to household walls only. Male dominance is one of the major factors for the occurrence and recurrence of the events i.e. women are bargained over for the settlement of various disputes at family, clan, and even community level.

Table 4.1.1 Frequency distribution and proportion of respondent representing gender

Frequency Percentage Gender (#) (%)

Male 203 99.0

Female 2 1.0

Total 205 100.0

4.1.2 Location of the respondents

Findings pertaining to residence of respondents in the research area are given in Table 4.1.2. Majority of the respondents (52.2%) were from Union Council Othrore, followed by (31.2%) from Union Council Kalam, (11.2%) were from Village Osho, however, (5.4%) of respondents were from Tehsil Matta. Practice of dispute settlement through women compensation could be adjudged as a common practice with sound traditional support. However, varieties in magnitude to this effect could be the prevalence of widespread illiteracy and strict adherence to traditional fabrics as pointed out by Minallah (2010) that lack of legal awareness among the majority of people, not just in the rural areas, but also in the urban areas has remained an impediment towards development and empowerment. It was obvious from

55 the data that compensation practice was prevalent in the study but with disproportionate composition to location of its occurrence.

Table 4.1.2 Frequency distribution and proportion of respondent representing residence

Residence of the Frequency Percentage

Respondents (#) (%)

Kalam 64 31.2

Othrore 107 52.2

Osho 23 11.2

Matta 11 5.4

Total 205 100.0

4.1.3 Age of the respondents

Age is one of the basic components of social dynamics that profoundly affects and directs the behavior of individual towards performing any particular role either prescribed or proscribed in the social milieu. Majority of the respondents (42.9%) were in the age group 36 to 45 years, (36.1%) were 46 to 55 years, (13.2%) were 55 years and (7.8%) were in 25 to 35 years of age(Table 4.1.3). Such involvement of each age group predicted for prevalence of this practice due to a strong cultural endorsement; having a refuge from the local laws. The fragile legal interpretation with predicament in literacy of the area was one of the contributing factors to the problem under investigation. Minallah (2010) had his findings closely in lines with these findings that Section 2 of the Dissolution of Muslim Marriage Act, 1939 deals with women given as compensation. Under this act, a woman has no choice but to admit to an imposed marriage in order to save her brother or father who committed a crime. Rarely does anyone exercise the right of dissolution. Age of the respondents in the present study was appropriate, meeting out all the set criteria for entering into marriage, being biological, social and religion in specifications.

56 Table 4.1.3 Frequency distribution and proportion of respondent representing age

Frequency Percentage Age (Years) (#) (%)

25-35 16 7.8

36-45 88 42.9

46-55 74 36.1

Above 55 27 13.2

Total 205 100.0

4.1.4 Ethnic composition of the respondents

National identity of the respondents as indicated in Table 4.1.4 disclosed that majority of (82.0%) respondents were Kohistany, (15.1%) were Gojar and a smaller proportion of (2.9%) belonged to other ethnic identity. Thus composition reveals a complete isolation of the people living in the study area. Kohistani and Gujar have a subcultures surviving with in the main Pakhtoon culture. Despite living together for an indefinite period of time, there ethnic groups have survived successfully leaving little space for other culture to assimilate.

Note:- Kohistani, Gujar are the main tribe, inhabiting the study area.

57 Table 4.1.4 Frequency distribution and proportion of respondent representing ethnic composition

Frequency Percentage Ethnic composition (#) (%)

Kohistany 168 82.0

Gojar 31 15.1

Any other 6 2.9

Total 205 100.0

4.1.5 Family type of the respondents

Family is one of the integral social institutions of a large social structural. Majority proportion (82.9%) of respondent belonged to joint family, (15.6%) belonged to nuclear family while a negligible size (1.5%) was from extended family system (Table 4.1.5). Data enumerated the existence of joint family structural in the study area. It could be attributed to the primary based relationship having a strong cohesion, culture owing and deciding over the issues pertaining to the family matters. These joint family structures usually inhibit and perpetuate the traditions of customary practices in the routine life practices. Mansoori, (2009) also explains in his findings that traditions in rural areas of Pakistan are often sanctioned and practiced under the rules of Jirga/Punchayat. These traditions needed to be explained while removing the religious attachments associated to them specially over marriage contract. It has been found that these customary practices are practiced in joint and extended family structure, which is often influenced by the prevalent culture (Qaisar, 2004).

58 Table 4.1.5 Frequency distribution and proportion of respondent representing family type

Frequency Percentage Family Type (#) (%)

Joint 170 82.9

Nuclear 32 15.6

Any other 3 1.5

Total 205 100.0

4.1.6 Family size of the respondents

Family is one of the most important institution for imparting the ways of socialization upon its members. Family size of the respondents in Table 4.1.6 indicated that majority of the respondents (60.5%) had 6 to 10 family members, (24.4%) had 11 to 15 family members, (11.2%) 1 to 5 family members while a smaller proportion (3.9%) had above 15 family members. It could be concluded from the data that family unit was huge in terms of numbers of members. It could be due to primary based relationship as a prerogative in the cultural societies around the globe. This kind of unit exists through the goals of performance in economic terms i.e more earning members to provide sound economic and one person feeding a huge number of persons within the family. Moreover, involvement of each family members for earning could be attributed to disguised unemployment due to non-existence of proper employment opportunities. Equal treatment to all members irrespective of gender considerations happened to be almost impossible. Thus paving the way of selling the female offspring/members or giving them as a commodity in return to settle disputes. The daily Times (2011) has also explored the soul mechanism of Swara, Vani and forced marriages due to huge family size with other probable outcomes such as honor killings and immense economic pressure to feed huge number of family members.

59 Table 4.1.6 Frequency distribution and proportion of respondent representing family size

Frequency Percentage Family Size (#) (%)

1-5 23 11.2

6-10 124 60.5

11-15 50 24.4

Above 15 8 3.9

Total 205 100.0

4.1.7 Education level of the respondents

Table 4.1.7 provided information on frequency and percentage proportion of education level of the respondent’s showed that majority of (34.1%) respondents were illiterate, (33.2%) had primary education, (23.4%) had middle education, and (6.8%) were SSC while a lower proportion of (2.4%) respondents had education level above matric. Although majority of the respondents were illiterate, however, other categories on the basis of education revealed having a tendency towards gaining education. The low tendency is attributable to the non or far existence of the schools. Moreover, cultural predicament of going to earn and share the household responsibilities, while giving a secondary priority to education could be the obvious reason of wide spread illiteracy. Saleem et al (2011) also stated that compensation practices taking place in ignorant societies. Illiteracy and primary level of education of majority of people in the study area could be due to unavailability of schooling system and lack of opportunities for getting higher education. Prevalent poverty also hinders most of the population from education. Traditional restriction on schooling, especially for female because of Parda, feeling shame or the concept over female education as against their honor also kept community ignorant from the rest of the society and getting proven to compensation practices.

60 Table 4.1.7 Frequency distribution and proportion of respondent representing education level

Frequency Percentage Education Level (#) (%)

Illiterate 70 34.1

Primary 68 33.2

Middle 48 23.4

Matric 14 6.8

Above matric 5 2.4

Total 205 100.0

4.1.8 Monthly income of the respondents

Earning is one of the important factor which helps in character building of individual in proper socialization as secondary socialization agency. Findings pertaining to monthly income level of the respondents in the study area are given in Table 4.1.8. A smaller proportion of respondents (1.0%) were found in higher income group (more than Rs. 30000/per month). Out of total respondents (16.1%) and (70.7%) were in middle group (Rs. 20001/= to Rs 30000/= per month) and (Rs. 10001/= to 20000/= per month) respectively while (12.2%) respondents were in low income group (below Rs. 10000/=per month). It could be inferred from the data that most of the respondents had huge family size as shown in (Table- 4.1.6) but low income profile to feed. People with high number of family members and low income were more inclined to compensate women for settling their economic disputes amongst themselves as disclosed by Saleem et al (2011) that poor living conditions is a key factor which left little or no option but to obey the verdict of headman of the tribe. It could be attributed from the data that most of the people had lower economic position

61 reflecting poor living standards of the community. Poverty itself was a major issue restricting the growth and development of the community with a minor portion living below the poverty line. It also showed that rural residence of people were far away from urban area largely dependent on natural available resources. In case of conflict or disputes they had no option except to sell or compensate their girls/women for resolution.

Table 4.1.8 Frequency distribution and proportion of respondent representing monthly income

Frequency Percentage Monthly Income in (R.s) (#) (%)

Below 10,000 25 12.2

10001-20000 145 70.7

20001-30000 33 16.1

Above 30000 2 1.0

Total 205 100.0

4.1.9 Occupation of the respondents Nature of occupation shapes human personalities. A high occupational profile gives prestige to individuals and low status occupation makes a person inferior in the society. Majority of the respondents (54.6%) were farmer, whereas (27.3%) were self-employed. However, (11.7%) were government employees while (6.3%) respondents were unemployed as shown in (Table 4.1.9). Aurat Foundation (2009) had also reported that 1,977 cases of violence included with vibrational magnitude, which included Vani/Swara with low social status having farming profession by family. Farming as a dominant profession in the area could be due to remoteness with dependency on natural resources like agricultural land, forest etc. They had no option except farming and grazing of animals to adopt as a profession only for feeding their family members. Such characteristics usually reflects a social milieu often

62 had belief in settling dispute through their own ways of life, while avoiding formal courts rather to attend the only institution as Jirga, where all kinds of matters and disputes are settled down. The verdict of Jirga is binding upon both conflicting parties. However, Hasan (2009) found the determination of social status as based on economic resources instead of educational attainment.

Table 4.1.9 Frequency distribution and proportion of respondent representing occupation

Frequency Percentage Occupation (#) (%)

Government employed 24 11.7

Unemployed 13 6.3

Self employed 56 27.3

Farmer 112 54.6

Total 205 100.0

4.2 General information of respondents 4.2.1 Information of respondents about Swara custom

Respondent’s knowledge regarding Swara custom was investigated through various assumptions by asking five different questions from each respondent (Table 4.2.1). All (100.0%) respondents disclosed that Swara custom was being exercised in the study area, (99.5%) knew Swara custom, (98.0%) termed that Swara marriage as a tool for feud settlement, (30.2%) said Pakhtoon culture is the main custodian of Swara while a minor proportion (2.0%) revealed that religion supports custom of Swara. Findings of the present study were similar to that of UNIFEM Afghanistan (2008) report which indicated that harmful traditional practices-child marriage, giving away girls for dispute resolution, forced isolation in the home; exchange marriage and honor killing were being used for dispute resolution

63 between the two conflicting groups. The positive responses of the respondents about Swara marriage was due to the in depth information of community people over Swara custom practiced in their area. It also showed people inclination towards Swara custom was due to ancestral practices in the study area. They had the knowledge that Swara is not only taking place in Pukhtoon culture but also existed in other regions, cultures, tribes, nation and communities across the globe with different names, but with the same manifestations. In addition, they did endorse the religious support to such practices in the study area.

Table 4.2.1 Frequency distribution and proportion of respondent representing general information

General Perception Yes No

Knowing about Swara 204 (99.5) 1 (0.5)

Swara custom exercised in the area 205 (100.0) 0 (0.0)

Used for feud settlement 201 (98.0) 4 (2.0)

Religion support custom of Swara 4 (2.0) 201 (98.0)

Pakhtoon culture is the main custodian 62 (30.2) 143 (69.8)

*number in the column presented frequency while number in parenthesis presented percentage proportion of the respondents*

4.2.2 Relation of respondents with Swara girl Findings related to relation of respondents with Swara girl explored that majority (59.0%) were blood relative other than family members (27.3%) were brothers of Swara girl while (13.7%) were fathers of the Swara girl given in Table (4.2.2). These findings suggested that close kins were involved in such inhuman practices from both sides. These findings were supported by the findings of Saleem et al (2011) stated that different types of punishment are awarded which included payment of fine, transfer of land, hand of a girl and in case of no female small baby girl which is yet to be born can be asked in criminal cases of their father, brother or relatives.

64 Table 4.2.2 Frequency distribution and proportion of respondent representing relation with Swara girl

Frequency Percentage Relation with Swara (#) (%)

Father 28 13.7

Brother 56 27.3

Any other 121 59.0

Total 205 100.0

4.2.3 Swara is given in case of Number of Swara girl given in case of relatives is given in Table 4.2.3. Majority of (57.1%) Swara girl were given in case of any other relatives rather than fathers or brothers, (38.5%) were given in case of brother while smaller proportion of (4.4%) were given in case of father. It is very much obvious that compensation of women (Swara) was not confined to redress the sin of their brother and father, rather it was found practiced to save the lives of other male family members. It could be due to the cultural prerogatives for male being superior over women. Moreover, males were preferred due to considerations of an addition to workforce, both in terms of monetary return, while working in the job market and fighting for honor of the family/clan with other male members. These findings were in consonance to Perveen (2009) that Swara custom is tied to blood related dispute, where in young girls are forced to marry to males of different clans/families to avoid bloodshed. However, in case of payment (compensation to the death) which is also known as Diyat, the Swara practice could be avoided.

65 Table 4.2.3 Frequency distribution and proportion of respondent showing Swara practiced for which it is committed

Frequency Percentage Swara is Given in Case of (#) (%)

Brother 79 38.5

Father 9 4.4

Any other 117 57.1

Total 205 100.0

4.2.4 Age of Swara girl during compensation

Frequency and percentage proportions pertaining to age of Swara girl during compensation in the present study is given in Table 4.2.4. Majority i-e (74.1%) was in the age group 11 to 20 years, 21.0% were between 1 to 10 years, 4.4% were in 21 to 30 years while 0.5% of Swara girls were above 30 years of age in the study area. The above findings were supported by the findings of Amnesty International (2002) which disclosed the preference for young girls in compensation practices in most of the traditional societies. It could be detected from the data that younger girls were preferred to be taken as Swara because of the male willingness to younger age which could be able to take responsibility of life and also in a position to give birth to a child. Moreover, sex in young age preference could not be ruled out as well. In addition, acceptance to younger age girls below puberty could be attributed to extreme vengeance of the recipient family from the inflicting family. Compensation of young girl over the feud settlement to the aggrieved family led to the settlement in most parts of the Pakistani society.

66 Table 4.2.4 Frequency distribution and proportion of respondent representing age of sawra girl during compensation

Age of Swara Girl During Frequency Percentage

Compensation (#) (%)

1-10 43 21.0

11-20 152 74.1

21-30 9 4.4

Above 30 1 0.5

Total 205 100.0

4.2.5 Type of dispute in which Swara was given

Findings in relation to types of dispute in which needs for practice of Swara girl is given as presented in Table 4.2.5. The data showed that majority of (82.4%) younger girl was given as a Swara in elopement of women cases, (10.2%) were given in blood enmity or killing of someone, (5.4%) were given in other cases while a minor proportion (2.0%) of girl were given as Swara for land dispute. It could be deducted from the data that social mechanics and solidarity is embodied in the practice of Swara, provided it is endangered by any kind of disputes. Thus it could be concluded that social equilibrium is maintained at the cost of women sacrifices in the shape of Swara, Jirga or Punchayat usually handovers young girl as compensation to the rival family as a commodity to the blood money. This practice has been in practice with different names and manifestations in different parts of Pakistan (Husain & Kokab 2004; and United Nations Development Program Pakistan, 2009).

67 Table 4.2.5 Frequency distribution and proportion of respondent representing type of dispute in which Swara was given

Frequency Percentage Type of Dispute (#) (%)

Land dispute 4 2.0

Blood enmity/killing of some one 21 10.2

Elopement of a women 169 82.4

Any other 11 5.4

Total 205 100.0

4.2.6 Relation with girl after giving in Swara Findings of Table 4.2.8 showing relationship of Swara girl with parental family after Swara marriage. Majority of (60.0%) respondents said that after Swara marriage relation of Swara girl with their male remained as ordinary female member, (33.2%) said that relationship was marital while (6.8%) said that relations of Swara girl with their them as concubine. It is quite alarming that practice of Swara does not qualify the maximum level of marriage even after the settlement of disputes. Getting concubine could only be attributed to a sort of war bounty where in sex was supposed to exercise without any formal wedlock in most of the primitive societies. Such practices were a cultural and religious taboo in the study area also. Husain and Kokab (2004) stated that women have been used as commodity, while forcing them to live in the opponent family. Her arrival in the opponent family is usually welcomed with cold response. She is often forced to live per dictations in the aggrieved family with her choice of living life being denied. Women in Swara practice are usually traded like a barter system (Husain & Kokab, 2004; and Emadi, 2002).

68 Table 4.2.6 Frequency distribution and proportion of respondent representing relation withSwara girl

Frequency Percentage Relation with Swara Girl (#) (%)

Marital 68 33.2

Ordinary female member 123 60.0

Concubine 14 6.8

Total 205 100.0

4.2.7 Relation with the dispute family

Data pertaining to relation of Swara family with disputant family is presented in Table 4.2.9 showing frequency and percentage proportion of the respondents. Majority of (58.0%) respondents said that their relation was ordinary, (33.7%) were blood relatives while (8.3%) relationship of respondents with disputant family was found affinal. Findings of the present study was contrary to the findings of United Nations Assistance (2010) which stated that merit of customary practices in resolving dispute is highly dubious; often conflict and enmity between families or groups continue. The ordinary relation of Swara girl with disputant family after Swara marriages could be due to willingness of opposite family which may have lost his family name or honor. Social readjustment of the family which had given Swara is often at stake if the given girl is not given a marital status in the receiving family. The consent of girl is not taken into consideration in forced marriages, this sort of exercise is against the natural justice, which completely destroys the individuals status in society (United Nation, 2007).

69 Table 4.2.7 Frequency distribution and proportion of respondent representing relation of Swara girl with dispute family

Relation With Dispute Frequency Percentage

Family (#) (%)

Blood relation 69 33.7

Affinal relation 17 8.3

Ordinary 119 58.0

Total 205 100.0

Findings of respondent’s attitude towards various factors or causes leading to compensation practices (Swara) are presented in this section as follows;

4.3 Respondents attitude towards legislative failure

Formal government laws and judiciary play instrumental role in controlling deviance and criminal behavior in any society or community. A strong judicial system and appropriate rules implementation lead to peaceful environment while directing society towards development however, weak judicial system and lawlessness keeps society ignorant with all manifestations in criminal tendencies amongst its members. In order to be more precise, legislative failure in the present study was limited to certain statements. These statements were; implementation of law, resolution of dispute through formal law, using formal law for social control, registration of cases in formal courts, access to formal courts, decision of cases in short time, satisfaction from formal courts in decision making, decision based on justice, decision based on gender discrimination, protection of women from Swara marriage and formal courts take decision over a period of time.

As depicted in Table 4.3.1, (93.7%) respondents supported the idea of formal law implementation, (94.1%) had the opinion that disputes were resolved through formal law and (94.6%) viewed that formal law were used for social control. Similarly, (88.8%) respondents

70 disclosed registration of cases in formal courts with people had easy access to formal courts (76.6%). These findings were contrary to findings of Riaz (2013) who found that right to marry with free and full consent is clearly given by Islam and incorporated in national laws of the country. Moreover, it is established under international human rights law in many conventions such as Universal Declaration of Human Rights. However, in many Muslim states, it is abrogated by customary and traditional practices practiced by many families. It shows the lack of religious knowledge, ineffectiveness of the law and inappropriate policies and procedures adopted by a state. Notwithstanding, (92.2%) respondents opposed the idea of disposition of cases by formal courts in short period of time. It could be attributed from the data that strong legislative setup does not exist in the study area. Long procedural steps coupled with time taking phenomena of reaching and announcing a verdict over a case could be attributed to the cascading of community based justice system showing people satisfaction towards legislative procedure in social controlling in the community. These findings were in line to findings of Saleem et al. (2011) who stated that poor living conditions, low social status, inaccessibility to justice, late decision making and high cost of formal judicial apparatus are key factors which leave little or no option but to obey the verdict of head man of the tribe irrespective how biased or unjust it may be. Conversely, (61.5%) respondents were satisfied from formal court decision making, (66.6%) had accepted that decision of formal court was based on justice while (79.5%) respondents opposed the statement that formal law decision was based on gender discrimination. It is obvious from the results and through formal law was in exercise but people had little faith in it regarding their family decisions. About (68.8%) respondents agreed that formal law protects women from Swara marriage but (95.1%) respondents gave clear indications that formal courts took long time in decision making. Findings of the present study were contrary to the findings of Amnesty international (2002) which stated that tribal justice system grew due to failure and inaccessibility of the state justice apparatus undermined the weak judicial system and respect for the rule of law. The positive response of respondents towards the aforementioned variables in the study area could be due to strong legislative procedure and formal law implementation providing effective and administrative role in controlling various cultural and religious misbelieves prevalent in the society, however, its role in the disposing of justice regarding the cases had clouded its acceptance amongst the respondents in the study area. Informal legislative

71 apparatus, not conducive to deliver and unhealthy administrative structure in respect to women related issues have been identified as the most impeding factors in providing equal status to women (Zamurrad, 2012).

Table 4.3 Frequency distribution and proportion showing respondents responses towards legislative failure

Legislative Failure Agree disagree Uncertain

Formal law is implemented 192 (93.7) 3 (1.5) 10 (4.9)

Dispute are resolved through formal law 193 (94.1) 7 (3.4) 5 (2.4)

Formal law is used for social control 194 (94.6) 4 (2.0) 7 (3.4)

People registered their cases in formal court 182 (88.8) 13 (6.3) 10 (4.9)

People have easy access to formal court 157 (76.6) 38 (18.5) 10 94.9)

Formal courts dispose off your cases in short time 9 (4.4) 189 (92.2) 7 (3.4)

Satisfaction from formal court in decision making 126 (61.5) 68 (33.2) 11 (5.6)

Decision of formal court is based on justice 137 (66.7) 49 (23.9) 19 (9.3)

Formal law decision is based on gender 19 (9.3) 163 (79.5) 23 (11.2) discrimination

Formal law protects women from Swara marriage 141 (68.8) 47 (22.9) 17 (8.3)

Formal court decision takes long time 195 (95.1) 4 (2.0) 6 (2.9)

*Values in the table present frequency while values in the parenthesis represent percentage proportion of the respondents*

72 4.4 Respondents attitude towards cultural endorsement

Attitude over cultural endorsement of the respondents was assessed through putting various statements. These were; Swara marriage is part of culture, ancestors did such practices, Swara is family norms, Swara is practiced in the study area, feel honors on Swara practice, Swara exist in the study area, feel shame and sense of consolation is felt after Swara practice etc. As shown in Table 4.3.2, about (90.7%) respondents supported the idea that Swara marriage was a part of cultural practices, (81.5%) accepted that ancestor did such practices, however, (85.4%) respondents rejected it as the idea of family norms. These findings were contrary to findings of Riaz (2013) who stated that in every society gender equality is considered a powerful tool for empowering women, but in some states, this powerful tool is challenged by cultural and traditional norms. These norms sometimes become hurdle to provide women basic rights in Pakistan which is among those states. Similarly, (92.2%) respondents said that Swara marriage was practiced in the study area while (89.8%) opposed the statement of feeling honors on giving girl as Swara. The data depicted that Swara custom remained a part of their cultural practices coming from their ancestors. However, no honor was found to be felt after Swara practice. Thus leading towards a possibility of recurrence as the practice was so much embedded that it was to be practiced at any cost. The above findings were similar to the findings of Boege (2006) who explored that traditional approaches cannot be compartmentalized into political, juridical or other form; rather they are holistic, comprising also social, economic, cultural and religious-spiritual dimensions. Also (95.6%) respondents indicated that Swara marriage existed in the community, (85.4%) feel shame on Swara practice while (75.1%) respondents were in fever of sense of consolation is felt after Swara practice. These positive responses could be due to embodiment of it in cultural practices, ancestors did such practices and its existence and practice in the area was totally similar to the findings of Qaiser (2004) who stated that the concept of treating women as property and honor is deeply entrenched in the social, cultural, political and economic fabrics of Pakistan. The stronger cultural endorsement in the study area could be due to the cultural setup of the society and restriction on most women for taking decision about their lives where practice of Swara marriage is usually preferred for disputes settlement. While rejecting the statement of family norms and feeling honors in the study area could be due to the sense of humanity and religious attitude of the people for women where in a complete

73 protection to the honor of women is ensured. It could be detected from this information that culture overshadowed the religious norms even. Also findings of Sharrma (2003) stated that conditions of women belonged to rural areas of North West Frontier Province (NWFP), Baluchistan and interior Sindh were more vulnerable, as they encountered extreme restrictions owing to their conservative ethos and conventions. Strict Pardha is observed as an integral part of the tribal custom of these areas. According to an expert on women issues, the women of these areas were “sharply demarcated and divides public and private spheres of life for women in such a way that the economic and political powers were designed as male domains. Forced marriages of female in the name of religion, culture and traditions has made women plight more miserable and vulnerable in the interior parts of Pakistan (Riaz, 2013).

Table 4.4 Frequency distribution and proportion showing respondents responses towards cultural endorsement

Cultural Endorsement Agree disagree Uncertain

Swara is part of your cultural practices 186 (90.7) 12 (5.9) 7 (3.4)

Your ancestors did such practices 167 (81.5) 27 (13.2) 11 (5.4)

Swara is your family norms 19 (9.3) 175 (85.4) 11 (5.4)

Such practice is practiced in your area 189 (92.2) 12 (5.9) 4 (2.0)

People feel honor on giving Swara 11 (5.4) 184 (89.8) 10 (4.9)

Swara practice exists in your area 196 (95.6) 5 (2.4) 4 (2.0)

People feel shame on giving Swara 175 (85.4) 23 (11.2) 7 (3.4)

Sense of consolation is felt after Swara practice 154 (75.1) 28 (13.7) 23 (11.2)

*Values in the table present frequency while values in the parenthesis represent percentage proportion of the respondents*

74 4.5 Respondent attitude toward economic importance

Economic importance in dispute settlement in the present study was restricted to nine different statements namely demand of girl as compensation, demand of cash, lack of money, low monthly income, cash was not a substitute to Swara, land was not accepted as a kind, having unmarried female in home, importance of money than women and women exchange was the only demand for dispute settlement. Respondent’s attitude towards the aforementioned statements was investigated as findings are presented below;

As depicted in Table 4.3.3, out of the 205 respondents, 93.7% of the Swara marriages in the study area were demanded as compensation. About 89.8% opposed the demand of cash. Lack of money and low income as a reason of Swara act was rejected by 93.7% and 94.1% respondents respectively. Findings of the present study were similar to that of Anwar (1998) which states that in order to change women’s position and societal views of their inferiority; structural change needs to be brought about in the social and economic order that shapes our social world. Similarly, 87.3% respondents admitted that cash was not substitute of Swara marriage and 65.4% replied that land was not accepted as a kind for dispute settlement. It amply explains the exchange of women as compensation to the deeds being done by the aggressor’s family. Thus class differentiation in coping with dispute settlement hardly be emanated from these findings as were contrary to findings of Jafri (2008) who states the cultural values have more or less an equal impact on the lives of women; belonging to different classes but in reality it varies from one class to another. The upper class women are generally educated with strong financial position and available resources. However, in some cases, even the women of this stratum become a victim of strong prejudices from deeply rooted tribal or Baradari based structures and it becomes an uphill task for them to pursue their rights. In addition, 89.3 % respondents were not in favor of the statement that presence of unmarried female was a cause of Swara while, 92.2% respondents denied the statement that money was more important than women. Findings of the present study were contrary to findings of Malawi Human Rights Commission (2005) which stated that “Pakistani women are trapped in a web of dependency and subordination due to their low social, economic and political status in society where in majority of women suffer from all forms of poverty. Moreover, 90.2% respondents agreed that women exchange was the only demand for dispute

75 settlement. These findings were contrary to findings of Saleem et al (2011) who stated that poor living conditions, low social status and inaccessibility to justice with high cost of formal judicial apparatus are key factors leaving little or no option but to obey the verdict of headman of the tribe irrespective how biased or unjust it may be. This verdict may include different types of punishment such as payment of fine, transfer of land, hand of girl from family ‘Pait Daina’. It could be narrated from these findings that women as being treated as commodity even cheaper than economic and other available resources. Demand for girl in dispute settlement in the study area included lesser priority to land and cash amount could not substitute to a girl. Compensation in settlement of disputes could not be associated to any economic/land replacement, but inevitable for families having tension to sacrifice a female from within.

Table 4.5 Frequency distribution and proportion showing respondent responses towards economic importance

Economic Importance Agree disagree Uncertain

Swara was demanded from you as compensation 192 (93.7) 9 (4.4) 4 (2.0)

Cash was demanded instead of Swara 15 (7.3) 184 (89.8) 6 (2.9)

You did not have money to avoid Swara 9 (4.4) 192 (93.7) 4 (2.0)

Your monthly income was low 7 (3.4) 193 (94.1) 5 (2.4)

Cash was not accepted as a substitute for Swara 179 (87.3) 13 (6.3) 13 (6.3)

Land was not accepted as a kind 134 (65.4) 57 (27.8) 14 (6.8)

You had an unmarried female in your home 10 (4.9) 183 (89.3) 12 (5.9)

Money was more important than women 4 (2.0) 189 (92.2) 12 (5.90

Women exchange was the only demand 185 (90.2) 10 (4.9) 10 (4.9)

*Values in the table present frequency while values in the parenthesis represent percentage proportion of the respondents*

76 4.6 Respondents attitude towards community based support In progressive society community based support has key role in all dimensions, for the sake of comprehension and full control on the variable under investigation. However, community based support was restricted to certain statements to better assess the attitude of respondents towards those statements. The statements were; community not only protects and safeguards the honor but also emanates roles and status with peculiar application for making a smooth running of the sole phenomena. To assess the community response to the issue under investigation in the form of attributes designed subsequently and asked from the respondents. These included were, community people give importance to Swara, community people adopt such practices, people enforcement for Swara marriage, can’t live in community any more, will migrate in case of non-compliance, community people will boycott you, community people appreciate compliance, best procedure in community and decision of Jirga etc.

Out of the total respondents 48.3% respondents viewed that community people gave importance to Swara in dispute settlement while 86.3% said community people adopt such practices. It is very much peculiar that practice of dispute settlement through women exchange was in practice in the study area. However, these findings were contrary to findings of Juru (2003) report on violence against women in Solomon Islands which stated that customary approaches to domestic violence cases often involve compensating the injured party’s family and suggestions to reconcile by the chief or church leader. Most women do not feel that the traditional justice system meets their needs because it is administered by men and upholds traditional gender norms that favor men. Majority i.e 79.0% respondents opposed that community people enforcement of a decision lead to Swara and 53.7% rejected the statement of difficulties in living in community any more (Table 4.3.4). Hanzi, (2006) and Iyanuolu, (2008) have disclosed that despite the fact that culture is beneficial to its members, some practices are harmful and directly offend the dignity of members of the society when measured against modern acceptable standards of behavior and civility as reflected in international standards. These standards have been articulated in national constitutions and International Conventions. A number of cultural practices are harmful to the physical integrity of the individual and especially women and girl children. Some cause excruciating physical pain while others subject them to humiliating and degrading treatment. Over the non- compliance 55.1% endorsed that they will migrate from community in case of non-

77 compliance. Conversely, 55.1% opposed that community people will boycott while 47.8% accepted that community people appreciate it. These findings were similar to the findings of Newman (2012) who stated that traditional practices are also aggravated by the existence of poverty, illiteracy and ignorance. While it is undeniable that they transmit the values of the group and the community, others were also used as a way of securing a means of livelihood for those involved in practice such as Female Genital Mutilation. Likewise, 91.7% considered Swara marriage as a best procedure while 94.6% favored the decision of Jirga. United Nation Development Programme, (2010) has also explored that traditional justice mechanisms reflect the values of the communities in which they function. These values, however, are dynamic and change over time. Community leaders are sometime uncertain about these practices. It indicated towards a strong level of cohesion at community level, however, mechanics of dispute settlement through exchange of human could be attributed to the upholding of old tradition leaving little space for some new practices regarding human rights to creep in.

Table 4.6 Frequency distribution and proportion showing respondents responses towards community based support

Community Based Support Agree disagree Uncertain

Community people give importance to Swara 99 (48.3) 86 (42.0) 20 (9.8)

Community people adopt Swara practices 177 (86.3) 20 (9.8) 8 (3.9)

Community people force you to give Swara 35 (17.1) 162 (79.0) 8 (3.9)

You can’t live in your community any more if refuse to give 87 (42.4) 110 (53.7) 8 (3.9) Swara

You are forced to migrate from community in case of non- 113 (55.1) 80 (39.0) 12 (5.9) compliance to Jirga decision

Community people will boycott you for non-compliance 74 (36.1) 113 (55.1) 18 (8.8)

Community people appreciate compliance 89 (43.4) 98 (47.8) 18 (8.8)

Swara practice is best procedure in your community 188 (91.7) 8 (3.9) 9 (4.4)

Swara practice was the decision of Jirga 194 (94.6) 5 (2.4) 6 (2.9)

*Values in the table present frequency while values in the parenthesis represent percentage proportion of the respondents*

78 4.7 Respondents attitude towards illiteracy Illiteracy is one of the social evils which leads to furthering severe social problems like poverty, overpopulation, crimes etc, and deviates the society from the direction towards development with vulnerability of local in terms of customary practices of gender based discrimination. Findings regarding respondents attitude towards illiteracy as factor involved in committing Swara practices are given in this section as follows; Majority of the respondents (67.3%) were in favor of formal education facilities for women in the study area while having any formal education degree was opposed by 92.2%. It could be detected a strong wish for attainment of education amongst the respondents exists, however, cultural impediments were strong enough and negatively influence the phenomena of educational attainments. However, Zamurrad (2012) found that the middle class women to a certain extent, are unable to raise any effective voice against the violation of their rights, which normally comes from a certain mindset of the male family members (although mothers – mostly uneducated or semi-educated, are equally responsible to enforce these prejudices). Hindrances are created when it comes to higher education and choosing a profession. It is not surprising that these prejudices against woman exist in this class as it is under strong influence of orthodoxy and class superiority of being custodians to the perpetuation of cultural and religious values. Findings pertaining to awareness of the importance of formal education was supported by 94.1%, community people like formal education system by 95.6%, formal education to start by 99.0%, wanted formal education in the family by 94.6%, allow female to get formal education by 91.7%, want education but failed due to unavailability by 94.1% and presence of formal school by 73.2% respectively (Table 4.3.5). As mentioned above a strong wave of attainment of higher education prevailed in the study area, however, structural, social and cultural impediments were some of the attributing factors of restricting female to get education. These finding were similar to findings of Madani (2005) who found that in rural set-up, women are expected to perform their house-hold responsibilities, along with the bearing and rearing of children, normally in large numbers. The lack of education due to unavailability of adequate facilities further restricts the role of rural women to house-hold activities, within the four walls. In the case of farming community, after completing their house related responsibilities, the women contribute equally towards the income of their family, as they work with them in the fields, but this contribution is hardly recognized.

79 Consequently, they are at the mercy of their men, even for the fulfillment of their basic needs. Almost 91.2% of the respondents rejected the idea of favor of co-education, 94.6% respondents accepted it with feelings of shame on female education while 91.7% said that female education was against their honors. Also 85.4% respondents did not allow female for education because of parda while 85.4% respondents allowed females to take decision of their lives. These were some positive trends emanating for female education. Moreover, co- education was found a cultural taboo to the respondents. These findings were against the findings of UNIFEM Afghanistan (2008) which stated that many Afghans, including some religious leaders reinforce these harmful customs on poor and ignorant people by invoking their interpretation of Islam. In most cases, however, these practices are inconsistent with Sharia law as well as Afghan and international law and violations of human rights of women. Table 4.7 Frequency distribution and proportion showing respondents responses towards illiteracy Illiteracy Agree disagree Uncertain

Any formal education facility exists in your area 138 (67.3) 60 (29.3) 7 (3.4) You have formal education degree 14 (6.8) 189 (92.2) 2 (1.0) You aware of the importance of formal education 193 (94.1) 8 (3.9) 4 (2.0) Community people like formal education system 196 (95.6) 1 (0.5) 8 (3.9) Formal education needs to be started in your area 203 (99.0) 1 (0.5) 1 (0.5) You want formal education in your family 194 (94.6) 7 (3.40 4 (2.0) You allow your female to get formal education 188 (91.7) 12 (5.9) 5 (2.4) You want education but failed due to its unavailability 193 (94.1) 7 (3.4) 5 (2.4) Female schools are present in your area 150 (73.2) 54 (26.3) 1 (0.5) You favor co-education 11 (5.4) 187 (91.2) 7 (3.4) You feel shame on female education 4 (2.0) 194 (94.6) 7 (3.4) Female education is against your honors 5 (2.4) 188 (91.7) 12 (5.9) You don’t allow female for education because of Parda 175 (85.4) 21 (10.2) 9 (4.4) You allow female to get decision of her life 175 (85.4) 22 (10.7) 8 (3.9)

*Values in the table present frequency while values in the parenthesis represent percentage proportion of the respondents*

80 4.8 Respondents attitude towards poor religious fallacy

Religion plays key role in maintaining cohesion and harmony among various segments of the society. Religious values control the behavior of all members of society and provide peaceful environment for positive growth of the society. Predictability in behavior is another essential component of religious values, while controlling the behavior of its followers. Misinterpretation and misuse of religious teachings often lead to disintegration and instability in society and its member as well. Findings of respondents towards poor religious fallacy are presented in this section as follows;

As given in Table 4.3.6, majority of the respondents (89.8%) were in favor of following religious code of conduct completely, 87.8% endorsed awareness of the basic religious education while 57.6% opposed that religious education is misinterpreted in the study area. Moreover, a higher proportion of the respondents (92.2%) were of the view that religion does not allow female to be floated as compensated while 85.9% were not aware of the religious education of Swara marriage. It is worth mentioning that cultural interpretation was misinterpreted under the garbs of religious teachings. Lack of religious awareness could be adjudged as one of the attributing aspect of Swara practice in the study area. Findings of Zamurrad (2012) were in consonance to these findings that rigid interpretation of Islam, which is the religion of 97 percent population of Pakistan although, Quran and Sunnah acknowledges the equal status of women but unfortunately, the rigid interpretation of Islamic injunctions by the orthodoxy, most of the time semi-educated, has played its role to confine the women’s role in socio-economic and political affairs. However, in various verses of Quran and the early Islamic practices, equal status of man and woman is acknowledged and confirmed as, 4:19 verse of the Quran says: O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness that ye may take away part of the dower [money given by the husband to the wife for the marriage contract] ye have given them, except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity”. In addition, majority of the respondents (94.1%) were in favor that religion allows female to get education, 93.7% accepted that religion allows female to take their decisions of life, 97.6% had awareness of religious education on female equal rights. Awareness regarding phenomena is not essential, rather practical application to

81 this effect is vital in any process. Riaz (2002) has declared that a marriage objective could not be achieved until without the Swara, Vani or badlh-e-Sulh practices, which are in total negations to the constitution of Pakistan. Notwithstanding, 93.7% respondents treated their family members according to religious teachings while 82.9% respondents gave equal rights to family members according to religious teachings. However, 54.6% respondents rejected the statements of making any discrimination with family members on gender basis, 95.1% agreed that religion is a strong measure of social control while 94.6% respondents were against giving female in Swara is a religious act. Thus religious explanations over Swara practice were quite obvious, but cultural endorsement to this act was almost undeniable as detected from these findings. The above findings were contrary to findings of United Nations Development Program (2010) which said that community elders say that compensation practices have religious values and religious leaders identify the same values as cultural, coming from the elders. Findings of the present study suggested a strong willingness and awareness of respondents towards religious code of conduct completely following religious life while treating their family members according to religious teachings. It is obvious from these results that religion was not a strong element of culture, to direct and control such behavior. A strong cultural control was found highly vivid in dictating and directing the behavior of locals irrespective of its legitimacy in letter and spirit.

82 Table 4.8 Frequency distribution and proportion showing respondents responses towards poor religious fallacy

Poor Religious Fallacy Agree disagree Uncertain

You follow religious code of conduct 184 (89.8) 10 (4.9) 11 (5.4) completely

You are aware of the basic religious 180 (87.8) 10 (4.9) 15 (7.3) education

Religious education is misinterpreted in 75 (36.6) 118 (57.6) 12 (5.9) your area

Religion does not allow female to be 189 (92.2) 4 (2.0) 12 (5.9) compensated

You are not aware about religious education 12 (5.9) 176 (85.9) 17 (8.3) of Swara

Religion allows female to get education 193 (94.1) 5 (2.4) 7 (3.4)

Religion allows female to take their 192 (93.7) 3 (1.5) 10 (4.9) decisions of life

You are aware of the religious education of 200 (97.6) 1 (0.5) 4 (2.0) female equal rights

You treat your family members with 192 (93.7) 6 (2.9) 7 (3.4) religious teachings

You give equal rights to family members as 170 (82.9) 23 (11.2) 12 (5.9) in religion of Islam

You make any discrimination in family on 80 (39.0) 112 (54.6) 13 (6.3) gender basis

Religion is a strong measure of social 195 (95.1) 6 (2.9) 4 (2.0) control

Giving Swara is a religious act 7 (3.4) 194 (94.6) 4 (2.0)

*Values in the table present frequency while values in the parenthesis represent percentage proportion of the respondents*

83 4.9 Respondents attitude towards tribal structural approach

Pakistan got independence in August 1947 after its separation from India. Pakistan is composed of four main ethnicities known as Ballochi, Sindhi, Panjabi, and Pathans. All these entities have their own elder leaders like in Punjab Chaudire, Wadera in Sindh, Malik and Khan amongst Pathans and Sardars in Baluchistan. Pakhtoon (Pathans) are enjoying their own traditional way of life revolving around the concept of Pakhtoonwali as their code of life. However, with the passage of time and advent of new factors like globalization, democracy and bureaucracy, the institutional grip of Pakhtoonwali got weakened with certain variations to its application from area to area and locality to locality.

As given in Table 4.3.7, some 85% of the respondents practiced Swara due to strong Jirga system. Similarly, 62.0% resolved any type of dispute through informal Jirga, followed by 85.4% who admitted that Jirga is effective instrument for resolving any type of dispute while 87.8% follow informal Jirga rules. It is probable from these results that formal justice system failed to deliver, thus directing the momentum and seeking justice from informal system. Findings of the Zamurrad (2012) were in lines which highlighted the abuse against women by stating, “Women in Pakistan face the threat of multiple forms of violence including sexual violence by family members, strangers and state agents; domestic abuse, including spousal murder and being burned, disfigured with acid, beaten and threatened, ritual honor killings; and custodian abuse and torture”. According to the Pakistan National Reports (1995);(1997); and (1998) the basic reasons of gender discrimination and abuse against women are oppressive patriarchal structures, rigid orthodox norms, and stifling socio-cultural customs and traditions. In addition to this, the discriminatory laws and practices are further widening the gap between men and women, in almost all key sectors, consequently, different forms of violence against women has increased. In this situation, the notion of women empowerment becomes a challenge for the Pakistani women, especially for those, who belong to the middle and low classes, partly due to inadequate financial resources and less exposure to higher education. Furthermore, 75.1% respondents rejected satisfaction from decision of Jirga, 54.1% opposed effectiveness of informal Jirga in social control while, 67.3% respondents were eager that informal Jirga is more effective than formal judiciary. These findings were indications of ineffectiveness of formal judicial system to deliver. Also Saleem

84 et al., (2011) disclosed in his study that Jirga is not only used as customary practice to legitimize honor crimes or harmful traditional practices like Vani; a system in which girls are given as compensation to settle dispute but also used as a mode of reconciliation, mediation or arbitration mainly for perceived communal harmony known as restorative justice. Similarly, activeness of informal Jirga than formal judiciary and access to informal Jirga was supported by 88.8% and 98.5% of the respondents respectively (Table 4.3.7). These findings were similar to the findings of Atayee (1978) who stated that traditional or informal justice system is an alternative system of dispensing justice by which the disputes are settled for individuals and between two families, communities and intra or inter tribes. Also 95.1% respondents disclosed that informal Jirga resolve dispute in a short period of time, 95.1% disclosed that informal Jirga system is economically better than formal judiciary system while 58.5% respondents opposed that informal Jirga decision is final and long lasting. Respondents expressed the legitimacy of verdicts as financially cheap from informal system and effective. People access to informal system for resolving their issues were mainly associated to the quick disposition of cases as compared to formal system. Moreover, economic cost over legal system could be another restricting aspect of people approaching to formal judicial system. Rehman (2004) also stated that feudalism and tribal systems are the major problems in many areas of Pakistan. Exploitative role of feudal lords has caused the prevalence and protection of evil customs and attitudes like karo kari, Swara, Vani, marriage with Quran, and denial of the right of inheritance to women. They also resist education, and provision of other basic facilities to the people, and hinder all efforts for progress and social reforms. Many forums, NGOs, civil society members, and media are playing important role in highlighting the social problems of women. It could be attributed from the data that traditional justice system in the study area was playing vital role in resolving conflicts among various clans. Jirga was found economical for people in terms of easy access, activeness and power of taking decision in a shorter period of time but some people were not satisfied as in cases like murder or elopement of women. They had no option rather to accept young girl as Swara instead of punishing the violators. In such instances, religions teachings/principals had to be side lined and present the cultural practices as ultra-societal to coordinate amongst various differential structural traits of the society.

85 Table 4.9 Frequency distribution and proportion showing respondent responses towards tribal structural approach

Tribal Structural Approach Agree disagree Uncertain

Strong Jirga system is essential in dispute 176 (85.9) 17 (8.3) 12 (5.9) settlement

People resolve any type of dispute through Jirga 127 (62.0) 73 (35.6) 5 (2.4)

Jirga is effective instrument for resolving any type 175 (85.4) 20 (9.8) 10 (4.90 of dispute

People follow the Jirga rules 180 (87.8) 15 (7.3) 10 (4.9)

People were satisfied from decision of Jirga 40 (19.50 154 (75.1) 11 (5.4)

Jirga is an effective instrument for social control 69 (33.7) 111 (54.1) 25 (12.2)

Informal Jirga is more effective then formal 41 (20.0) 138 (67.3) 26 (12.7) judiciary

Informal Jirga is more active then formal judiciary 182 (88.8) 14 (6.8) 9 (4.4)

People have easy access to Jirga 202 (98.5) 2 (1.0) 1 (0.5)

Jirga resolves dispute in a short period of time 195 (95.1) 3 (1.5) 7 (3.4)

Is informal system economically better then formal 195 (95.1) 6 (2.9) 4 (2.0) judiciary system

Jirga decision is final and long lasting 69 (33.70 120 (58.5) 16 (7.80

*Values in the table present frequency while values in the parenthesis represent percentage proportion of the respondents*

86 4.10 Respondents attitude towards compensation practices (Swara)

Traditional societies exhibit a mechanism for conflict resolution in dispute settlement. It comprises of joking, dancing, music and festival to exchange unity, oneness and cohesion for promoting peaceful environment. This mechanism usually serves as catalyst in understanding the people to explore within their own values and norms for conflict resolution. Conflicts as pre requisites of any society could be neutralized provided being treated with any counter conflict resolution mechanics.

Out of the total respondents interviewed, 50.7% rated every type of dispute resolution through compensation practices (Table 4.3.8). Among the respondents, 63.40% were of the view that disputes were resolved through Swara marriage, 85.4% were in favor through cash amount, while 91.7% were agreed through land as compensation. It could be deduced from the data that disputes were not only settled through human exchange (women) but cash and kind/land were some other inputs and indication of settling disputes. The above findings were similar to that of Bourdillon (1998) who stated that Lobola is a custom in which the husband (or his family on his behalf) delivers or promises to deliver to the father (or guardian) of the wife, stock or other property, in consideration of which the legal custody of the children born of the marriage is vested in their father (or his family) to the exclusion of any member of the mother’s family. Lobola involves some payment by the husband or his family to the family of his wife. Lobola is negotiated by the heads of the two families or their representatives in the presence of a messenger. Traditionally, cattle were transferred from the groom’s family to that of the bride upon marriage, but now bride wealth is usually paid in cash. Similarly, 90.2% admitted that disputes were resolved through use of force, 95.6% accepted that disputes were resolved through religious manifestation while 84.4% respondents responded that disputes were resolved through formal judicial system. Moreover, a vast majority of the respondents, 92.7% in the present study termed dispute resolution through formal judiciary in the society, 86.8% considered through caste system while, 82.4% respondents answered dispute resolution through class system. Use of force along with cash payment and exchange in kind were emanated from the findings along with the application of formal and informal institutions for settling disputes in the study area as disclosed by Qaiser (2004) who disclosed in his study that property and land, self-interest and the plan to get specific women as compensation are

87 some of the causes for honor killing. Some 70.7% of the respondents indicated that dispute were resolved through political leaders while 82.9% were of the opinion that disputes were resolved through paying animals as compensation. Like other societies, use of animal and political influence could not be linked as apparatus of settling disputes. Dispute settlement through paying women as compensation in most part of Pakistan through local leaders/village headman is a criminal act. However, its cultural endorsement could not be ignored in the ordinary social phenomena of Pakistan (Saleem et al, 2011).

Table 4.10 Frequency distribution and proportion showing respondent responses towards compensation practices (Swara)

Compensation Practices Agree disagree Uncertain

Every dispute is resolved through compensation 104 (50.7) 88 (42.9) 13 (6.30 practices

Disputes are resolved through Swara 130 (63.40 66 (32.2) 9 (4.4)

Disputes are resolved through cash amount 175 (85.4) 20 (9.8) 10 (4.90

Disputes are resolved through land as compensation 188 (91.7) 8 (3.9) 9 (4.4)

Disputes are resolved through use of force 185 (90.2) 12 (5.9) 8 (3.9)

Disputes are resolved through religious manifestations 196 (95.6) 2 (1.0) 7 (3.4)

Disputes are resolved through formal judiciary 173 (84.4) 26 (12.7) 6 (2.9)

Disputes are resolved through informal Jirga system 190 (92.7) 10 (4.9) 5 (2.40

Disputes are resolved through caste system 178 (86.8) 20 (9.8) 7 (3.4)

Disputes are resolved through class system 169 (82.4) 25 (12.2) 11 (5.4)

Disputes are resolved through political leaders 145 (70.7) 52 (25.4) 8 (3.9)

Disputes are resolved through paying animals as 170 (82.9) 23 (11.2) 12 (5.9) compensation

*Values in the table present frequency while values in the parenthesis represent percentage proportion of the respondents*

88 4.11 Bi-variate Analysis

Relationship between dependent variable (Women as Compensation) and independent variables (Legislative Failure, Cultural Endorsement, Economic Importance, Community Based Support, Illiteracy, Poor Religious Fallacy and Tribal Structural Approach) was worked out through cross tabulation by the application of chi-square test statistics. Results regarding each variable (independent) with interaction to dependent variable are shown with logical interpretation and discussion as below;

4.11.1 Association between respondent’s attitude towards legislative failure and women as compensation

Formal law is one of the important pillars of a society or state for keeping harmony, peace, stability and maintaining social control with directional predictability. Three components of the state including legislative, judiciary and executive are involved in passing, defining and implementation of law. Proper rules and regulation are necessary to be passed from legislative for containing crime, making justice among the people and to prevent exploitation on the basis of gender along with eliminating all social evils. In case of conflicts, legislation is not enough to have some written rules and regulations which judiciary has to define in a proper time to be implemented for making justice among the members. Proper and timely function of the three components of the state is an indication towards progressive and developed nation while poor law and order situation reflects ignorant, disorganized, less developed and traditional society which ought to strengthen harmful traditional practice instead of formal legal institution. Traditional practices may include forced marriage, child marriage etc. Moreover, imminence of Swara, honor killing are some other gruesome effects, which could not be ruled out with variations in the frequency of occurrence and recurrence. Legislative failure as variable was limited to some specified tasks. Findings on attitude of men towards these tasks and their association with women as compensation are given and discussed as follows;

89 Table 4.11.1 Relationship between legislative failure and women as compensation

Independent variables Dependent variables Statistics

Formal law is implemented Women as compensation 2=0.491 (0.782) γ=-1.000

Disputes are resolved through Women as compensation 2= 14.00 (0.001) formal law γ=0.725

Formal law is used for social control Women as compensation 2= 8.572 (0.014) γ=0.764

People register their cases in formal Women as compensation 2= 1.782 (0.410) court γ=0.17

People have easy access to formal Women as compensation 2= 0.503 (0.778) court γ=-0.318

Formal courts dispose off cases in Women as compensation 2= 1.897 (0.387) short time γ=-0.65

Satisfaction from formal court in Women as compensation 2= 1.862 (0.394) decision making γ=-0.599

Formal law decision is based on Women as compensation 2= 3.597 (0.166) justice γ=-1.660

Formal law decision is based on Women as compensation 2= 1.867 (0.393) gender discrimination γ=-0.095

Formal law protects women from Women as compensation 2= 1.999 (0.368) Swara marriage γ=0.16

Formal court decision takes very Women as compensation 2= 8.639 (0.013) long time γ=0.75

90 A positive (γ= 0.725) and significant (p<0.05) association was found between respondents attitude towards legislative failure such as dispute resolution through formal law and women as compensation (Table 4.11.1).The positive relationship of respondents towards dispute resolution through formal law and compensation practices like Swara marriage suggested that formal social control in the study area was strong but people were prone to use traditional Jirga system for dispute resolution in their area in various cases. It could be attributed to the prevalence of strong traditional and social fabrics which had control over the minds and behavior of the respondents. This commanding influence did not allow the respondents to resolve the dispute through informal legal setup. Anyhow strong primary based relations on the basis of clan and family make family members strict followers of the traditional practices. Change is the sole process and almost very difficult if not impossible to penetrate. These findings were similar to the findings of Zamurrad (2012) who stated that despite of various legislative and executive measures of the federal and provincial governments in the past regarding gender issues, the Pakistani women are still facing all kinds of discrimination. Vanni/Swara is an inhuman customs, ultra legislative and beyond moral limits (Mumtaz, 2014). Handing over of girls for blood based dispute settlement is a common characteristic of Asian countries. These practices of dispute resolution have a strong support from the existing culture (Rivert, 2001; and Hussain and Kokab, 2004). Also a high positive (γ= 0.764) and significant (p<0.05) relationship was found between respondents attitude towards use of formal law for social control and Swara marriage. It is indicative of the fact that formal law could reduce the occurrence of Swara event (women as compensation). However, the absence/fragile existence of formal system with little ramifications in deliverance had created some conducive environment for such practices to creep in. Despite declaring exchange of female for dispute settlement is strictly prohibited by government of Pakistan through amendment act 2005 which was also augmented by the Supreme Court of Pakistan while declaring Jirga as illegal which still exists in the remote areas of Pakistan. Equity in gender though exists in constitution of Pakistan but often confined to papers with little existence on ground perhaps, cultural endorsement is taken as legitimate as legal (Munir, 2013; Niaz, 2006; and United Nation Human Right Council, 2007). Similarly, a high positive (γ= 0.75) and significant (p< 0.05) relationship was found between formal court’s decision take very long time and women as compensation. These could be related to the emergence of

91 Swara practices, practiced through cultural institution like Jirga with prompt justice in disposition by penalizing the inflicting family to surrender its women in compensation as punishment acts. Moreover, the enactment of Zia`s regime Hudood laws might have emboldened the local to exercise quick justice as per pattern of Islamic injunctions. Lack of political well in the political party over the issue of compensation practice is agony of the day (Amensty international, 2006). A hectic debate is essential to culminate or otherwise revisit the practices of Hudood Ordinance which has taken in account the local practices of Swara and Jirga as disposition of justice (The Daily Dawn, 2011). However, a positive (γ= 0.17) but non-significant relationship was found between compensation practices and registration of cases in formal courts. Thus, it is obvious from these findings that no any compensation practice was reported to any formal court of justice. It could be the outcome of prolonged procedure of disposition of justice by the formal courts and the availability of substitute institutions in informal manner. Similar findings were also extended by Atayee (1978) that informal system is an alternative and popular to formal system for just and quick settling of disputes. Similarly, a positive (γ= 0.16) but non-significant relationship was found between formal law protects woman from Swara marriage and women as compensation. It is perhaps, the inability of formal judicial system to protect women from the harmful practices. The obvious reasons could be the prevalence of patriarchy which dictates of inequality between the genders. These findings were in total contradictions to outcomes from Hussain and Kokab, (2004) who disclosed that both genders have equal status before the law as per enshrined in the constitution of Pakistan. Contrary, a highly negative (γ= -1.000) and non-significant relationship was disclosed between formal law implementation in the area and women as compensation. This could be due to the fact that either formal justice system did not exist or suffered from malpractices in deliverance. Formal system of justice in most parts of the tribal areas of Pakistan had failed to deliver, which had given an imputes to informal judicial procedure as of quick and free disposition of justice through informal manner (Atayee, 1978). Furthermore, a high negative (γ= -0.818) and non-significant relationship was found between easy access to formal courts and women as compensation. The relationship between women as compensation and respondents attitude on disposing off cases in a shorter period of time was also found negative (γ= -0.65) and non-significant. Relationship between women as compensation when associated with respondents attitude towards satisfaction from formal

92 courts in decision making was negative (γ=-0.599) and non-significant. It could be attributed to the non-existence or poor and dismal performance of formal courts to decide over the issue with in stipulated time with satisfaction from the parties concerned. Thus government initiatives in the form of certain amendments in law and introduction of laws like criminal act amendments 2004 and subsequent efforts from President Pervaiz Musharaf could not yield any positive effects (Noreen, 2013). The relationship between formal law decision is based on justice and women as compensation was found highly negative (γ= -1.000) and non- significant. Also a negative (γ= -0.095) and non-significant relationship was found between formal law decision is based on gender discrimination and women as compensation. Although no discrimination in disposition of justice on the basis of gender but the dismal performance on part of formal courts in quick and just disposition of justice was the main impediment to containment of women as compensation practices in the study area. These findings were in total negation of Wadesango (2012) that all issues of honors are settled through women compensation. Conflict resolution for living in harmony is based on settlement through negotiation might include the exchange of women/women as compensation for the purpose of settling disputes. Girls given in compensation for dispute settlements are silently compensated with cattle and some undisclosed amount of money. In many cases honor related crimes may not involve the allegation of illicit sex between a women and man but the Jirga (Local Council) may award them with punishment like using the man to pay and give a woman in compensation to the aggrieved family (Kandiyoti, 1987; Matavire, 2012; and Zartman, 2000). Moreover, traditional hold over the social dynamics of operating the social structure was vivid, strong and directional in meeting out the quick disposition of justice in the study area.

4.11.2 Association between respondent’s attitude towards cultural endorsement and women as compensation

In most parts of the world women have been recognized as commodity while treating them as subordinate members of the society due to cultural norms resulting in practice of harmful traditional practices against women in the shape of compensation practices such as Swara marriage for dispute settlement. Relationship between women as compensation and respondents attitude towards cultural endorsement in the present study are given and discussed as follows;

93 A positive (γ= 0.520) and significant (p< 0.05) association was found between women as compensation and Swara as a part of cultural practices. These findings vividly depict the existence of women compensation practices as cultural prerogative. Such prevalence could be due to a strong traditional hold over the social system and patriarchy. Findings of Revert (2001) also disclosed that Swarameans a female rider, but in traditional terminology it refers to a girl given over to the aggrieved family as compensation for blood. In the majority cases, this type of “compensation” is awarded by an informal court and not determined by the relatives of the girls. Resistance by the relations or the judgment rejection by the girls from the “Jirga” (informal court) has dreadful consequences for family members. Any behavior considered to be ‘dishonorable’ or can include a woman wanting to marry a man of her choice; wishing to seek employment outside the home; publicly disobeying the family patriarch; being accused of having illicit relations or seeking a divorce (Yusufzai, 2006). The relationship between women as compensation and ancestors did such practice were also found positive (γ= 0.630) and significant (p<0.05). It could be due to the prevalence of male dominance in society, highly traditional social structure, and the deliverance in functional perspectives by the informal courts, constituted by the locals through customary traditional way for quick disposition of justice. Such like findings were also extended by Sadeqi (2004) who stated that this custom is done at the time when there is quarrel or enmity between the two tribes or families due to kidnap, murder or unfair relations, which starts blood shedding between the two sides. So the member of Jirga decides blood for blood or fine in the form of money. In Swara the guilty person gives his sister, daughter or nephew girl to the other family. This girl can be an infant and the person who receives her can be of seventy or seventy five years old. Ancestral traditions are strictly followed and owned in the rural areas of Pakistan which constitutes 68% of the total population (GOP, 1998). Moreover, a positive (γ= 0.677) and significant (p<0.05) association was explored between women as compensation and it is practiced in the area (Table 4.11.2). It was perhaps the prevalence of such practices in the study area as pointed out by Piggin (2006) who found that most of the Pakistani women are ill-treated, and denied access to basic and fundamental rights. All these were the outcomes of patriarchy etc. Women had no right to divorce, choice of marriage and still lag behind even in education and health sectors. Women agonies like exchanging them as commodity in dispute settlement is the only outcome of the horrible aspect of Pakistan

94 traditional traits probably tracing back to the medieval age. Amnesty International (2006) has also stated that men usually go unpunished for their misdeeds like going illicit in relation to other women being abetted through women exchange in compensation practices. Furthermore, a positive (γ= 0.633) and significant (p<0.05) relationship was found between women as compensation and feel shame on giving Swara. Thus, although a shameful act, but cultural endorsement made it practicable in the prevalent social phenomena as reported by Iqbal (2012) who stated that Swara is practiced in most of the Pakhtoon belt in Pakistan and across Afghanistan. The vivid reason was the settlement of blood feud and bringing social harmony. Although highly derogatory and a sheer violation to basic human rights, but given a shape as the need of the day to avoid bloodshed, while compensating the aggrieved family in case of murder, abduction etc. Likewise, unlike the above a positive (γ= 0.048) but non- significant relationship was discovered between women as compensation and feel honors on giving Swara. It is almost inconsonance to the above findings that although a shameful act, but being practiced as being cultural in nature. Similarly, a positive (γ= 0.669) and non- significant relationship was found between women as compensation and it is your family norms. As social norms, high proscribed but sticking to it for the purpose of avoiding blood feuds is a cultural obligation. These obligations were usually devoid of freedom of expression and sometime even going into wedlock in the aggrieved family. These findings were similar to the findings of Balchin and Cassandra (1996) who stated that Nikah, going into a marital bond is essential in Islam. However, in some cases of Swara practices, even this essential aspect is denied to the Swara girl. While Yusufzai (2006) who declared the practice of Swara, where a woman is made sacrificial goat for the purpose of delivering to familial harmony. Conversely, a high negative (γ= -1.000) and non-significant relationship was found between women as compensation and it exists in your area as a religious act. Along with a high negative (-1.000) and non-significant relationship existed between a sense of consolation is felt after Swara practice. These findings were in support to the above mentioned results. This practice of Swara, although, unethical but even then in exercise due to its existence as cultural norms. Munir (2013) has stated Vani (a Swara) practice although in prevalence, but had little freedom for a Vani girl to enjoy a life at par with married women in the in-laws home. Swara girl has limited and restricted life even, devoid of entering into marital bonds in some cases, while satisfying sexual desires of male of aggrieved family. Mariso, (2007) had also similar

95 findings that some unwanted acts accompanied the process of Swara practice for Swara girl along with paying in cash or kind.

Table 4.11.2 Relationship between cultural endorsement and women as compensation.

Independent variables Dependent variables Statistics

Attitude towards cultural endorsement

Swara is a part of your cultural Women as 2= 6.773 (0.031) practices compensation γ=0.520

Your ancestor did Swara practices Women as 2= 5.981 (0.05) compensation γ=0.630

Swara is your family norms Women as 2= 1.746 (0.418) compensation γ=0.669

Swara is practiced in your area Women as 2= 6.870 (0.032) compensation γ=0.677

People feel honor on giving Swara Women as 2= 0.827 (0.661) compensation γ=0.048

Swara practice exists in your area Women as 2= 0.333 (0.847) compensation γ=-1.000

People feel shame on giving Swara Women as 2= 5.930 (0.050) compensation γ=0.633

Sense of consolation is felt after Women as 2= 2.400 (0.301) Swara practice compensation γ=-1.000

96 4.11.3 Association between respondent’s attitude towards economic importance and women as compensation Economics shapes human life with all predictable measure, responsible for developing a personality. Members receive responsibility since their birth to adult hood to join world market. People as resource are polished in various strata to contribute to individual, family and national level to the process of development and growth. A society failing in providing sufficient efforts in making human beings capable of shouldering future responsibilities are met with chaos, imbalance and unpredictability in human behavior. Certain attributes to this vital sphere of human life were designed and cross tabulated with dependent variable to measure the level of relationship. Findings to this effect are reproduced below; As depicted in Table (4.11.3) a highly positive (γ=0.60) and significant (p<0.05) relationship existed between women as compensation and Swara is demanded as compensation. These results vividly explained the existence of Swara practice. This existence could be an outcome of the primitive cultural myths, the respondents believed essential and thus opted for traditional mechanism of resolution instead of getting formal justice in resolving the dispute. Rozan (2012) has reported that in most cases survival to both genders i- e male and female is embodied in the adherence to myth and beliefs in most parts of the Pakistani society. Status of men and women are determined through establishing rapport to the beliefs. Violence against women is deemed as the private and personal, usually stemmed out from their own ignorance. Customs of Vani, which is exercised in most part of KP, Punjab including Mianwali where a woman is forced to marry with a male of the victim family just to avoid blood feud. Thus relation usually comes out with complete inability of married women in social, domestic and cultural spheres of life as being passed through some inhuman practices at the victim house (Husain and Kokab, 2004; and Mariso, 2007). Moreover, the relationship between women as compensation and you did not have money was found positive (γ=0.634) and significant (p<0.05). Monetary compensation could be one of the ways out to resolve blood feuds. However, lacking financial strength means the concerned family has to own the customs of Swara practice. These findings had endorsement from Baba (2012) that Swara is one sided event. Money as secondary base could be used as guarantee. However, in case of multiple sided events, the Swara practice is looked after by the Jirga members. Inability of access to informal judicial system due to, either expensive or long term process

97 attract most of the rural people to go for informal settlement of disputes (Word Bank, 2006; and Human Rights, 2010). The relationship between women as compensation and low monthly income was found high positive (γ=0.932) and significant (p<0.05). It could be unearthed from these results, that persons with low income often opted for Swara practice as disclosed by Answar Burney Trust (2011) that girls from low income family are forced with the agonies of forced marriage. Local justice is usually admired (Weinstein, 2001) just to portray the access to justice by most of the academies at gross root level. The relationship between women as compensation and cash was not a substitute to it was found high positive (γ=0.701) and significant (p< 0.05). It could be attributed to all these situational events of Swara, where only human (female) were subjected to surrender sans any monetary returns. These findings were supported by the findings of Ben (2010) that balancing the social equilibrium is mostly rooted in paying cash and surrendering animals along with a woman in most of the traditional societies of the world. In most of cases women are taken up as hard currency by giving her in compensation. Such practices have also been identified as discrimination against women in the criminal law amendment 2008 (Sultana, 2010). In addition, a highly positive (γ=0.833) and significant (p<0.05) relationship was found between women as compensation and existence of unmarried female in home. It was also obvious from earlier review that younger women with virginity are preferred for showing agreement to any settlement by the aggrieved family. Practices of giving a young woman was reported by the aggressive family in Punjab. It is not a new story and young age girls even in the infancy have been given in Swara practices (The Daily Khabrain, 2006; and Niaz, 2004). Similarly, relationship between women as compensation and women exchange is the only demand was also found highly positive (γ= 0.89) and significant (p< 0.05) (Table 4.11.3). It could be due to the cultural endorsement of such practices as social norms and an outcome of the prevalence of poverty and ignorance. As pointed out by Munir (2011) who stated that Poverty is the greatest evil. Inability on part of a family to surrender in monetary returns, tends to compensate for its deeds in human terms. This exchange of human may range from infancy upto 5 years to adulthood (Howley, 20002).Conversely, the relationship between women as compensation and money was more important than women was found positive (γ=0.532) but non-significant. Similarly, relationship between women as compensation and land was accepted as a kind of Swara when cross tabulated the result was found negative (γ=-

98 0.182) and non-significant while relationship between cash was demanded for dispute settlement and women as compensation was also found negative (γ= -0.447) and non- significant (Table 4.11.3). All these findings were indications of the facts that money, land, and cash demands were seldom accepted as generalized norms. In the human being (female) mostly preferred for practices of compensation in the study area. Women exchange to resolve dispute as reported by Hussain (2006) was the only social and cultural mechanics in most rural areas of Pakistan. Judicial disposition of justice through Jirga was found highly acceptable amongst the conflicting parties resolving disputes. This usually involved the handing over of a girl to compensate the grievance inflicted upon the aggrieved family (Khan, 2001). Table 4.11.3 Relationship between economic importance and women as compensation Independent variables Dependent variables Statistics Attitude towards economic importance Swara was demanded from you as Women as compensation 2= 9.921 (0.020) compensation γ=0.60 Cash was demanded instead of Swara Women as compensation 2= 0.706 (0.702) γ=-0.447 You did not have money to avoid Swara Women as compensation 2= 7.760 (0.031) γ=0.634 Your monthly income was low Women as compensation 2= 20.93 (0.000) γ=0.932 Cash was not accepted as a substitute for Women as compensation 2= 8.131 (0.003) Swara γ=0.701 Land was not accepted as a kind against Women as compensation 2= 0.537 (0.764) Swara γ=-0.182 You had an unmarried female in your home Women as compensation 2= 9.023 (0.011) γ= 0.833 Money was more important than women Women as compensation 2= 1.055 (0.590) γ=0.532 Women exchange was the only demand Women as compensation 2= 7.84 (0.007) γ= 0.89

99 4.11.4 Association between respondent’s attitudes towards community based support and women as compensation Community based support in adopting various customary practices is key to smooth and transparent transmission of values and social norms through the process of socialization. These norms and values are then internalized by the prevalent culture for recurrence and thus predicting the human behavior with directional goals. All the old and primitive traditional components could easily be judged through people sentimental attachment to them. Dissemination of cultural traits through explicit behavior emanates the importance associated to it. Women compensation practices (Swara) is one of the startling attributes of the study area, chosen as variable through attitudinal association with community support is presented below;

A high positive (γ=0.810) and significant (p< 0.05) association was found between community people forced you to do so and women as compensation (Table 4.11.4). This finding explicitly suggested a prior inability but to surrender the prevalent cultural and social perspective irrespective of its social, moral and cultural repercussions. Surrendering women as compensation for the deeds of men could be attributed to the inferior position of women in the social strata. These findings were supported by the findings of Kelly (2007) who discovered Swaziland laws as more male oriented. Women are restricted to their access to ownership rights to land and other property. Discrimination is all around in social life for women extending to marital status, on gender basis and even marital regime. Giving rights to women in main dimension of human life as inferior. Civil laws debar women to have access to private property ownership and cannot register her name for access to land ownership. Male has the power to control wife property under the customary and civil laws even without the consent of his wife. After the break up of the laws the women could be denied of the property which she had made on her own. In addition, traditional approaches to property ownership is not state oriented. The male without any hesitation could deny the credit of ownership to women. These approaches are primitive where preservation for status remains in favor of males only (Boege, 2006; and Andreas, 2003). However, the relationship between you give Swara because you can’t live in your community and women as compensation was found positive (γ=0.617) and significant (p< 0.05). These results could be attributed to the strong hold of social system which permits this practice as an essential ingredient of social

100 solidarity. Moreover, male dominance is another associated factor to this effect. Hanzi (2006) has similar findings which stated that patriarchy system does encourage violence against women like rape, keeping women in lock up, forced migration, denial of access to property and other basic rights along with restricted permission of access to education and participation in job market. All these are predominantly carried out under the fallacy of religious empowerment of male as responsible for chastity of women. Conflict resolution in traditional communities are often looked into the mirror of traditional approach, where social solidarity is often accessed to and maintained through traditional approach (Menkhaus, 2000). Likewise, relationship between migration from your community in case of non-compliance and women as compensation was found highly positive (γ= 0.70) and significant (p< 0.05) (Table 4.11.4). Non-compliance to the prevalent social norms is a kind of deviance and social taboo which is often resisted and cured through the mechanism of social sanctions. Non-compliance is usually met with negative sanction, which could embody the migration from the host area. Jirga (council of elder) where cases of various nature are reported and decided over, had the power to extradite a criminal committed a crime, from his native area (Richard and Cohen, 1991). Insurance for endorsement and implementation of law is usually carried out through taking lands from both conflicting bodies by the Jirga (Michael, 2001). This practice in return leads towards permanent settlement of disputes amongst warring parties (Benson, 1990).Moreover, a highly positive (γ= 0.638) and significant (p<0.05) association was detected between women as compensation and community people will boycott you. It could probably be due to the maintenance and continuation of the prevalent social system which had endorsement from the operational social institution with in that prevalent social system. Specific social milieu had been surviving with all traditional and primitive practices. However, their existence could be undermined through the impact of urbanization (Milliken, 2003). Similarly, a highly positive (γ= 0.831) and significant (p< 0.05) relationship was found between Swara giving is the decision of Jirga and women as compensation. It could be attributed to a strong hold of traditional practices, where parents and other blood relatives had to surrender their girl under the Swara practice to the aggrieved family. This process of institutionalization through Jirga was almost inevitable in the study area. customary practices of Swara, forced marriage, watta sata etc in different parts of Pakistan speaks about the effectiveness in deliverance of informal judicial system, although the traditional customary

101 practices contradict the universal standard of human right and democracy. Women with conspicuous mention are falling victims to these customary practices just to reaching to a conflict resolution in various parts across the globe (Khawar, 2010; and Michau, 2005). Although, not significant, a moderate positive (γ=0.549) relationship was found between women as compensation and community people give importance to Swara (Table 4.11.4). Similarly, a mild positive (γ= 0.404) and non-significant relationship existed between community people adopting such practices and women as compensation. People irrespective of their willingness had a strong faith in the social mechanics of life in the study area. Non- compliance to the societal norms of Swara practice was found almost impossible as depicted from the above results of the study. These findings were inconsonance to the findings of UNFPA (2007) that practicing women in exchange in the aftermath of feud settlement are never taken up in the legitimacy or otherwise, rather adherence to these practices are owned and transmitted by the members since unknown as unabated: Cultural contexts (Faure, 2000) are of major importance to traditional approaches in defining and redefining the concepts and their applicability in the due course of time. The relationship between Swara is best procedure in your community and women as compensation was also found positive (γ= 0.636) but non- significant. Thus having little faith in Swara practice, but a strong faith in the traditional approach to the conflict resolution as detected from these findings. Conversely, a negative (γ= -0.161) and non-significant relationship was found between community people appreciate Swara and women as compensation (Table 4.11.4). These findings clearly support and explain the above results that irrespective of their willing, people opt for Swara as being customary traditional bindings upon them. Hosken (1994) had also explained that often consisted of values and beliefs for its followers, and usually transmitting since long from generation to generation. Each social group is enshrined with a bunch of traditional and cultural traits of spending a sound social life. Some cultural practices may be harmful, such as forced marriage, women exchange/compensation for feud settlement could offer little to women folk while considering them as subordinate etc. All these practices have not been weighed through the scale of international yardstick of human rights (Champan, 1991).

102 Table 4.11.4 Relationship between communities based support and women as compensation

Independent variables Dependent variables Statistics

Attitude towards community based support

Community people give importance to Swara Women as compensation 2= 3.389 (0.184) γ=0.549

Community people adopt Swara practices Women as compensation 2= 3.099 (0.212) γ=0.404

Community people force you to give Swara Women as compensation 2= 14.30 (0.001) γ=0.810 you can’t live in your community if refuse to Women as compensation 2= 8.214 (0.017) give Swara γ=0.617

You are forced to migrate from community in Women as compensation 2= 9.02 (0.002) γ=0.070 case of non-compliance to Jirga decision

Community people will boycott you for non- Women as compensation 2= 1.126 (0.570) compliance γ=-0.161

Community people appreciate compliance Women as compensation 2= 1.126 (0.570) γ=-0.161

Swara practice is a best procedure in your Women as compensation 2= 3.944 (0.139) community γ=0.636

Swara practice was the decision of Jirga Women as compensation 2= 8.41 (0.008) γ=0.831

103 4.11.5 Association between respondent’s attitudes regarding illiteracy and women as compensation

Illiteracy and ignorance are one of the curses molding the expected human behavior and prevalent social norms when the individuals resorted to internalizing the prescribed norms with in a society. Illiteracy has been adjudged as one of the key factors generating and perpetuation vicious circles of poverty, crime etc, which endangers any subtle and abrupt drives of social change. Some state of the art educational institutions ensure the plight of development in a nation. Any nation devoid of such social mechanism always suffers with the jolts predicament. Traditional practices like discrimination against women are some of the fatal facets of the society not allowing to own the path of growth and development. Findings on relationship between respondent’s attitude towards illiteracy and women as compensation are given and discussed as follows;

A highly negative γ= -0.958) and significant (p<0.05) relationship was discovered between got any formal education degree and women as compensation. It could be conceived from these findings the non availability of learned and qualified persons. The level of understanding of agonies associated to Swara practices of women are properly estimated. Moreover, as indicated by the negative sign change with in the prevalent educational scenario was almost impossible, which is a basic instrument for social change in the study area. Persistent poverty and violence against women like Swara practices had a strong relationship with the law and formidable absence of qualified persons in the society. Early marriages, forced marriages and compensation practices, while exchanging and offering women as commodity are some of the curses association to low literacy rate as emanated by Khawar (2010) that improvement in women but was found highly desirable, as the major source of change towards achieving goals of women liberty in various domains of decision making process in Ethiopia. Women exchange practices/Swara etc were the main cause associated with low literacy, male dominance rotten government and judicial institution and Jirga system in Pakistan (Tesfa, 2002; and Mumtaz and Nosheen, 2014). On the other hand a high positive (γ=0.941) and significant (p< 0.05) relationship was found between you want formal education system to be started in your area and women as compensation (Table 4.11.5). A desire for existence of educational institution had a strong association to curb the practice of

104 Swara as indicated from these results. Sexual harassments of female with low educational level at the workplaces were common in most parts of the world (Shadow Report, 2006). Low productivity is also related to low income, high populace, low employment etc. Early marriages and forced marriages were some other important indicators of high population and low literacy (UNICEF, 2009). Similarly, a high positive (γ= 0.73) and significant (p< 0.05) relationship was detected between you want your family to get formal education and women as compensation. It could be detected from these results that people had accepted the curse of Swara practices as an outcome of low literacy and wide spread ignorance. They wanted formal education to replace those inhuman norms by healthy and socially acceptable norms, which could guarantee the human dignity etc. Michael (2001) and Jennifer (2009) had related the discourse of Swara practices and other human rights violation to the prevalence of Jirga as an institution and role of Mullah (clergy) and Maliks (the local cheap) were the main reasons. Moreover, practice of local laws were found imbedded in the structural dynamics with ardent endorsements from local bourgeois, along with a formidable low literacy rate (Richard, 2007). A positive (γ=0.677) and significant (p<0.05) relationship was found between you allow your female to get formal education and women as compensation. Acceptance to allowing female to get higher education indicated towards the emergence of a soft social scenario based on change in the prevalent mindset. Moreover, making them educated could also lead to their involvement in decision making at various levels including mate selection. These findings were in support to Kakar (2003) who found the legal code of customary practices of Pakhtoonwali and Jirga as some of the eminent factors of depressing women folks and keeping high the concept of patriarchy. Mumtaz (1987) explored the rural area composition with working of women as secondary statured, tedious working environment and low literacy for pathetic plight of women. Similarly, a high positive (γ=0.752) and significant (p<0.05) relationship was found between you want to get formal education but failed due to unavailability and women as compensation. It was eminent from these findings that people in the study area had strong inclinations to educate their females, but nonexistence of women educational institutions were the main impediments. Ocular observation and on spot visits of the scholar, while collecting data disclosed that people were resistant to female education. They used to allow them but for religious education only. They termed formal education for women against their ancestral paths. Likewise, Ennis (1975)

105 discovered that lower middle class of Pakistan did not allow their female to get education and subsequent jobs in the job market. They consider women education as degrading to doing jobs in market and domestic servants. However, contrary to it Rizwan and Sabir (1976) concluded the women education and job towards national progress and productivity. Association between female education is against your honor and women as compensation was found highly positive (γ=0.884) and significant (p<0.05). Women as compensation practices, though had cultural endorsement, however, people had the feelings of considering it as against the honor. Findings were very much explicit over attainment of female education were not highly encouraging too. Low women status had a strong association to the prevalent socio-cultural perspectives over women education and Swara practices in the study area. Women low status was discriminatory within the preview of fundamental rights. Although women plight has gone through the ladder of improvement in most of the developing countries. However, in the ex-colonial world, women agonies regarding their access to basic rights i-e forced marriage, exchange, early marriage and compensation practices are still unabated (Krueger, 1963; Madden, 1975; Gordon and Morton, 1974; and Cardwell and Rosenzweig, 1980). Moreover, cultural variations in Pakistani society have eroded the women rights in Pakistan (Ferdoos, 2005). Also a positive (γ=0.598) but non-significant relationship was disclosed between community people like formal education system and women as compensation. Similar relationship existed between favor of co-education and women as compensation (γ=0.052) and feel shame on female education and women as compensation (γ=0.714; Table 4.11.5). Relationship between you did not allow female education because of parda and women as compensation was found positive (γ=0.365) but non-significant and you allow female to get decision on her own life and women as compensation (γ=0.421; Table 4.11.5). All the above results emanated a low profile status of women. They had little access to rights such as consent in marriage, forced marriage and exchange as commodity just to serve and safeguard the interests of males. Educational attainments on part of women in the study had no any substantial importance, rather an instrument of getting ashamed for male due to strict Parda system, where in women were not allowed to operate outside the four walls of the house. These findings were in negation to the outcomes of Zaidi (1971) who explored shift in the cultural and social dynamics of the rural areas, adjacent to the city. People had a sense of understanding and realization regarding women education to add in financial returns to family

106 in the shape of their jobs. However, Akhtar (1992) reported from his findings that women in rural areas of Afghanistan, Nepal and Pakistan were receiving little attention over their attainments in education. Obvious reasons were the local rural thinking, which had some traditional and conventional aspects over women education. Conversely, a highly negative (γ=-1.000) and non-significant relationship was found between aware of the importance of formal education and women as compensation while the relationship between any female school in your area and women as compensation was also found (γ=-0.386) and non- significant. Whereas, the relationship between any formal education facility in the area and women as compensation was found negative (γ= -0.507) and non-significant (Table 4.11.5). Although people had no indications towards providing their females with education, but the government and other NGOs did not bother even in constructing schools for female in the study area. Such ignorance on part of government had added strength to the conservative thinking regarding female status in the study area. These findings had a strong support from the conclusion of Khan (1989) that Pakistan had never any sound and systematic approach over the national coordination scale to strengthen the female education programs despite the inculcation of low female enrollment as cultural. However, threat to women honor was another factor negatively influencing the phenomena of women education (Zaid, 2007).

107 Table 4.11.5 Relationship between illiteracy and women as compensation Independent variables Dependent variables Statements Attitude towards illiteracy Any formal education facility exists in the Women as compensation 2= 1.168 (0.558) area γ=-0.507 You have formal education degree Women as compensation 2=13.689 (0.001) γ=-0.958 You aware of the importance of formal Women as compensation 2= 0.451 (0.798) education γ=-1.000 Community people like formal education Women as compensation 2= 2.112 (0.348) system γ=0.598 Formal education needs to be started in your Women as compensation 2= 28.451 (0.000) area γ=0.941 You want formal education in your family Women as compensation 2= 19.41 (0.005) γ= 0.73 You allow your female to get formal Women as compensation 2= 21.041 (0.000) education γ=0.677 You want education but failed due to its Women as compensation 2= 7.076 (0.029) unavailability γ=0.752 Female schools in your area Women as compensation 2= 0.591 (0.744) γ=-0.386 You favor co-education Women as compensation 2= 3.894 (0.143) γ=0.052 You feel shame on female education Women as compensation 2= 2.711 (0.258) γ=0.714 Female education is against your honors Women as compensation 2= 18.074 (0.000) γ=0.884 You don’t allow female education because Women as compensation 2= 2.860 (0.239) of Parda γ=0.365 You allow female to get decision her own Women as compensation 2= 2.252 (0.324) life γ=0.421

108 4.11.6 Association between respondent’s attitudes regarding poor religious fallacy and women as compensation

Religion is an integrative force in the society to bring cohesion and plays highly influential role among their followers in predicting the behavioral pattern for smoothly functioning of the system. Religions give equal rights and subsequent access to rights on the basis of gender. Moreover, puberty rights, prescribed and proscribed and code of conduct in different situational context are predominantly explained and interpreted through religious teachings. A poor presentation of religious explanation regarding the every day affairs of a society usually tend to disintegrate the prevalent social values, norms and system. Proper understanding of religious teachings with application to the societal phenomena is cry of the day. To measure the association of religious fallacies with women as compensation the following attitudinal measurements were carried out and presented below;

A positive (γ=0.686) and significant (p<0.05) relationship was found between respondents attitude towards poor religious fallacy such as religion does not allow female to be compensated and women as compensation. It is depicted from the findings that people had the foresightness of considering the compensation practices of women as a religious fallacy and had nothing in actual terms as religious. However, Coomaraswamy (2002) had explained a correlation of Qisas and Diyat practices in Islam could be the obvious reasons of women compensation as total misinterpretation of Islam as religion. He stressed for ascertaining the coherence of these practices with compensation practices in Pakistan. Moreover, religious fundamentalism had posed a serious threat to women participation in job market which has been drastically affecting these women rights in all spheres of the world. World has witnessed the targeted demolition of schools by the religious radicals. Khyber Pukhtoonkhwa was the most affected area during the Taliban uprising in most parts of the tribal areas, swat and Waziristan (Wurn, 2009; and UNICEF, 2009). Similarly, a highly positive (γ=0.781) and significant relationship was found between you were aware of the religious education of female equal rights and women as compensation (Table 4.11.6). Thus it could be obviously detected from these results that people had in depth knowledge of religious practices and meaning associated to these practices. However, the Swara practices frequent occurrence could be due to cultural enshrinement. Cultural adherence to such practices had a deep

109 inculcation due to the easy access to informal justice system where the people had a deep faith to it. These findings were similar to findings of Sachs (1973) that rural people had a deep faith in resolving the issues through local social mechanism. The practice of justice disposition is embodied in a social public commitment to abide by the decision of the local council. This commitment compels the aggressive family to compliance. Such behavioral determinants signify their transmission to next generation. Amnesty International (2002) has also explained the practices of Vani, Snagchatti and Walwar in KP purely repugnant to Islamic values. On the other hand a low positive (γ=0.221) but non-significant relationship was found between you follow religious code of conduct completely and women as compensation (Table 4.11.6). People had a faith in the cultural traits and perspective pertaining to women as compensation practices sans religious understanding of interpretation to basic human rights. It is candidly predicted from these findings that cultural attachments had higher priority to people in the study area over religious teachings. Findings of Alkhateeb (2012) were somehow in contrast to these findings that marriage as an institution is well defined. It had no any overlapping to the any prevalent cultural phenomena. It has ensured the division of labor sanctity to this very bond along with satisfaction of sex and subsequent reproduction. Islamic interpretations of marriage have been improperly portrayed to be devoid of taking consent from each of the marrying couple. Moreover, any particular age in reference to marriage is also missing. Such fallacies on part of Islamic religious scholars have squeezed down the application of marital life into broaden areas of an institutional frame (UN, 2002). Similar to the above findings a positive but non-significant (γ=0.239) relationship was found between respondents attitude towards religious education misinterpreted in your area and women as compensation. A similar relationship was found between; respondents attitude towards religion allows female to get education and women as compensation (γ=0.488) and, religion allow female to get decision of their own life and women as compensation (γ=0.488; Table 4.11.6). The relationship between respondents attitude; towards you make any discrimination in your family on gender basis and women as compensation (γ=0.267) and you give Swara as a religious act was low positive (γ=0.273) and non-significant (Table 4.11.6). These findings were indication of the fact that people in the study area had a strong faith in religious interpretation of marriage related issue. However, the practice of Swara as one of the highly exceptional cultural prerogatives. Women attainment of education had no resistance, however,

110 discrimination on gender basis could not be ruled out despite considering Swara practice as an un-Islamic. Discrimination on gender basis is vivid in pakhtoon culture as new born male baby is highly appreciated over a female baby (Dehab and Asmelash, 2003). A gap in legal traditional practices of justice for resolution of disputes has raised the incidence of Swara practices in most parts of Pakistan. Gender equality to all basic rights was found only on papers and had no any relation to ground realities. Backlash from religious fundamentalists had badly affected the women rights in achievement towards access to basic rights (Rittich, 2005; Afary, 1999; Bartholomeusz and de Silva, 1998; and Bennoune, 2006). Conversely, a highly negative (γ=-1.000) and non-significant relationship existed between you are aware of the basic religious education and women as compensation and you were not aware of the religion education of Swara and women as compensation (γ=-0.172). Similarly, a highly negative (γ=-1.000) and non-significant relationship was also found between you treat your family with religious teaching and women as compensation. All these results could be assumed towards the prevalence of low profile understanding/interpreting the religious injunctions of Islam. It could perhaps be the outcome pertaining to the existence of a strong cultural attachment as people deemed it also religious, although cultural and traditional in nature. All such acts of Vani and other related practices to Swara have been declared as un- Islamic (Riaz, 2002). The last messenger of God (Hazrat Muhammad PBUH) had validated the marriage with consent of both genders (Khan, 2007). Relationship between you give equal rights to your family members enshrined in the religion and women as compensation was found negative (γ=-0.043) and non-significant whereas similar relationship exist between religion as a strong measure of social control in your community (γ=-1.000) and women as compensation. It was obvious from these results that religious preaching was completely missing. The only code of life was cultural in nature devoid of any religious enshrinement. Sunni school of thought considers forced marriage as un-Islamic; however, its existence could be attributed to a strong cultural controlling mechanism of human behavior (Wikipedia, 2007; and Ali, 2001).

111 Table 4.11.6 Relationship between poor religious fallacy and women as compensation Independent variables Dependent variable Statistics Attitude towards poor religious fallacy You follow religious code of conduct Women as compensation 2= 1.441 (0.486) completely γ=0.221 You aware of the basic religious education Women as compensation 2= 1.007 (0.605) γ=-1.000 Religious education is misinterpreted in your Women as compensation 2= 1.008 (0.604) area γ=0.239 Religion does not allow female to be given Women as compensation 2= 6.870 (0.032) compensation γ=0.686 You are not aware about religious education Women as compensation 2= 1.194 (0.550) of Swara γ=-0.172 Religion allows female to get education Women as compensation 2= 2.740 (0.254) γ=0.488 Religion allows female to take decision of Women as compensation 2= 1.470 (0.480) their own life γ=0.448 You are aware of the religious education of Women as compensation 2= 5.991 (0.05) female equal rights γ=0.781 You treat your family members with Women as compensation 2= 0.491 (0.782) religious teachings γ=-1.000 You give equal rights to your family Women as compensation 2= 1.700 (0.427) members enshrined in the religion of Islam γ=-0.043 You make any discrimination in family on Women as compensation 2= 0.933 (0.627) gender basis γ=0.267 Religion is a strong measure of social control Women as compensation 2= 0.372 (0.830) γ=-1.000 You give Swara as a religious act Women as compensation 2= 0.411 (0.814) γ=0.273

112 4.11.7 Association between respondent’s attitudes regarding tribal structural approach and women as compensation

Any tribal structure is an old and primitive reflection of values and norms with interpersonal relationship usually stems out of the primary basis. Such structures are always had to crack in perspectives of bringing any innovative changes in the prevalent social system. Rigidity and adherence to old ways of life is one of the explicit characteristics of such structures. Such structures do compose in their selves some well-defined ways and means of discharging the essential functions for making it smooth and coherent. Such structure are always enshrined with most of the cultural traits, derived from religious values, either primitive or advanced in nature. Changes to the values and mores in such tribal structures are always met with high degree of resistance. Growth and development initiatives are conceived to be detrimental and avoided to be owned in the system. Some attributes over the tribal structure were designed in the preview of their interaction with women as compensation which are shown below;

A moderate positive (γ=0.565) and significant (p< 0.05) association was found between respondents attitude towards tribal structural approach through Jirga system is very strong and women as compensation. It is apparent from these results that tribal structural in the study area had an ardent endorsement to informal local mechanism governing the prevalent social system. Jirga a legal component of disposing justice for maintaining the smooth functioning of the system. This mechanism is usually restorative instead of punitive justice as explained by Zartman (2000b). This kind of justice system is mostly based on compensation to loss. Moreover, in most part of Somalia, traditional peace making process were strong at regional levels as compared to national level (Menkhaus, 2000). Moreover, a high positive (γ= 0.615) and significant (p< 0.05) relationship was found between; respondents attitude towards you resolve any type of dispute through Jirga system and women as compensation. All Jirga system is composed of older members of a society. This union is precisely responsible for bringing social harmony and integration to system while resolving the various natures of disputes. Honor related issues were mostly resolved through Jirga which usually involves compensation through offering women. Moreover, almost 5 percent of disputes are resolved through formal court of justice while the remaining are met

113 with informal system (The Daily Khabrain, 2011; and Chirayath et al, 2005). The relationship between Jirga is effective instrument for resolving any type of dispute and women as compensation was also found highly positive and significant (γ=0.733; p< 0.05; and Table 4.11.7). Men and women with guilt were met with facing the decision of elders i-e Jirga in accordance to the prevalent customary practices. These decision may range from fine imposition to even death punishment and other compensation practices like handing down the women of the aggressive family to the aggrieved family to resolve the issue (Nordberg, 2012). However, anywhere the formal setup inefficiency in deliverance has been replaced through informal judicial system, especially in rural areas of Ethopia and other under developed regions (Chirayath et al, 2005). Similarly, a high positive (γ=0.706) and significant (p<0.05) relationship existed between respondents attitude towards following Jirga rules and women as compensation. It could be deduced from these findings that people had high adherence to informal social institutions disposing of justice instead of formal set up. These findings were similar to findings of Boege (2006) that traditional approaches had variations in applicability spread over the nature and location of the societies across the world. Conflict resolution mechanism in these societies had some deep roots to the history, process of evolution and cultural integration of customary practices. These approaches are purely context specific. Moreover, restorative justice is deposed of in a general traditional shape, being transcended to their generation from their ancestors (Boege, 2006; and Tombot, 2003). In addition to above, a high positive (γ=0.871) and significant (p<0.05) relationship was explored between Jirga is effective instrument for social control and women as compensation (Table 4.11.7). Peace, harmony and tranquility are some basic ingredients leading to stable and smooth functioning of a system. Conflict resolution mechanism is also another scale of judgment of human behavior. The study area was having a strong mechanism of social evaluation through informal system of provision of justice with a strong faith from the followers. This synergy in social mechanism is a big harbinger to social solidarity (Gwaravanda, 2011). Local courts provide basis to local laws and ethnic composition reflecting roles and status specifications (Gombe, 1980). The relationship between informal Jirga is more active then formal judiciary system and women as compensation was detected high positive (γ=0.710) and significant (p< 0.05). Similarly, a highly positive (γ=0.812) and significant (p< 0.05) relationship between respondents towards Jirga resolves dispute in a short period of time and women as

114 compensation was obtained (Table 4.11.7). Quick and speedy provision of justice makes the process acceptable and popular with in no time space; however, a lengthy and prolonged procedure is usually discarded and disowned as depicted from the above findings. Fryklund (2011) had also disclosed that formal system of disputes resolution is constitutional, legal and based on respectful human rights, however, its slow and lengthy procedures with expensive nature is seldom opted by the parties concerned. Taliban judicial system got familiarity and popularity due to quick and fast mechanism of dispute resolution in Afghanistan (Ben, 2010). Conversely, a low negative (γ=-0.029) and non-significant relationship was found between you are satisfied from the decision of Jirga and women as compensation. Similar relationship existed between informal Jirga is more effective than formal judiciary system and women as compensation (γ=-0.119; Table 4.11.7). The relationship between you have easy access to Jirga and women as compensation was found high negative (γ=-1.000) and non-significant whereas similar relationship was found between Jirga is economically better then formal judiciary and women as compensation (γ=-1.000) while the relationship between Jirga decision is final and long lasting and women as compensation was also found negative and non-significant (γ=-0.285; Table 4.11.7). These findings suggested some flaws in the way of deliverance in justice to the affected persons. However, the existence and continuity in such procedures could be associated to the cultural preservation of such practices in the study area. Rationale in the existence of traditional system of justice is based on the level of satisfaction to both formal and informal setup of the society in Ethiopia (Kambarami, 2006). Failure of acceptance to formal system of justice is due to the exclusion of ordinary mechanism of the society to its heavy and extensive economic cost. (Schlichte, 2005; Boege, 2006; and Dinnen, 2003a).

115 Table 4.11.7 Relationship between tribal structural approach and women as compensation Independent variables Dependent variable Statistics Attitude towards tribal structural approach StrongJirga system is essential in Women as compensation 2= 7.99 (0.004) dispute settlement γ=0.565 People resolve any type of dispute Women as compensation 2= 9.704 (0.005) through Jirga γ=0.615 Jirga is effective instrument for Women as compensation 2= 8.14 (0.021) resolving any type of dispute γ=0.733 People follow the Jirga rules Women as compensation 2= 9.598 (0.008) γ=0.706 People are satisfied from the Women as compensation 2= 1.691 (0.429) decision of Jirga γ=-0.029 Jirga is an effective instrument for Women as compensation 2= 14.616 (0.001) social control γ=0.871 Informal Jirga is more effective Women as compensation 2= 0.392 (0.822) than formal Judiciary γ=-0.119 Informal Jirga is more active then Women as compensation 2= 7.916 (0.030) formal judiciary γ=0.710 People has easy access to Jirga Women as compensation 2= 0.108 (0.948) γ=-1.000 Jirga resolves dispute in a shorter Women as compensation 2= 13.966 (0.001) period of time γ=0.812 Is informal system economically Women as compensation 2= 0.372 (0.830) better then formal judiciary system γ=-1.000 Jirga decision is final and long Women as compensation 2= 2.689 (0.261) lasting γ=-0.285

116 4.12 Bi and Multi-variate Analysis based on indexation of dependent and independent variables

Various statements on dependent (women as compensation) and independent variables were indexed to investigate their relationship at bi and multi-variate level. Findings on descriptive statistics of the indexed variables and the association between the aforementioned variables are given and discussed as follows;

4.12.1 Association between respondent’s attitude towards legislative failure and women as compensation

Relationship between respondents attitude towards legislative failure and women as compensation was negative (γ = -0.57). However, the relationship was significant (p<0.05). It could be ascertained from the findings that women compensation practices were in prevalence to failure of formal legislative procedure as indicated by the relative negative gamma value but a significant association as depicted in Table No 4.12.1. Customary and traditional approaches of resolving disputes had led to the perpetuation in human practices, devoid of being constitutional with no any moral and legal legitimacy (Chirayath, 2005). Moreover, Zamurrad (2012) and Mumtaz (2014) have indicated towards the persistence of poor women plight despite of various legislative and executive measures taken by the both national and provincial governments against all kinds of gender discriminations against women which included some common characteristics of women being given in order to resolve all sorts of disputes including blood disputes (Chirayath, 2005& Hussain, 2004).

Table No 4.12.1 Association between respondent’s attitudes towards legislative failure and women as compensation

Independent variables Dependent variable Statistics

Legislative failure Women as compensation 2= 6.34 (0.041)

γ = -0.57

117 4.12.2 Association between respondent’s attitude towards cultural endorsement and women as compensation

A significant (p<0.05) and positive relationship (γ = 0.65) was found between respondents attitude towards cultural endorsement and women as compensation (Table 4.12.2). Cultural practices although social and legal taboo, but endorsement through their continuous enactment had made them indispensable in the lives of local people. These practices involved high magnitude of prejudice amongst the male against female as denoted by Ziadi (1971) that traditional and conventional families prefer the educated women to sit inside home and not encouraged to join job market due to the prevalence of business both within the household and inside job market as well. Women as compensation in practices usually reformed through informal courts with no involvement from the girls relatives. Rejection to such verdict is met with dreadful consequences by the relatives from the local social setup. Choice marriage, seeking employment, disobeying patriarchal norms, being entered into illicit relationship and divorce are some of the dishonorable behavior for a women in patrilineal society (Marjorie, 2001;and Yusufzai, 2006).

Table No 4.12.2 Association between respondent’s attitudes towards cultural endorsement and women as compensation

Independent variables Dependent variable Statistics

Cultural endorsement Women as compensation 2= 6.61 (0.04)

γ = 0.65

4.12.3 Association between respondent’s attitude towards economic importance and women as compensation

As shown in Table 4.12.3, the relationship between respondent’s attitude towards economic importance and women as compensation was positive (γ = 0.66) and significant (p<0.05). Women is considered an economic liability and source of earning as well. Spending on women in education and other related aspects of life is not given so much as being inferior in the prevalent social strata. Moreover, considering being as a commodity to exchange and

118 reproach the disputes between the rivals as depicted from the above results. Traditional of polygamy, payment for bride price and early marriages are some of the acts fell in the domain of gender violence. Moreover, offering her in payment in the shape of purchase marriage and settling disputes through payment in kinds of surrendering women to the aggrieved family. Moreover, girls are brought up with the sole purpose of earning wealth while getting them married on payment. Early marriages and forced marriages are pushed in force by the parents to acquire wealth (Vincent 2006; UNICEF 2003; and Committee on the Status of Women, 2007). Contrary, educational attainment had led to women enhancement in status in terms of financial independence (Sultana, 1965).

Table No 4.12.3 Association between respondent’s attitudes towards economic importance and women as compensation

Independent variables Dependent variable Statistics

Economic importance Women as compensation 2= 10.21 (0.012)

γ = 0.66

4.12.4 Association between respondent’s attitudes towards community based support and women as compensation

A positive (γ = 0.82) and significant (p<0.05) relationship was found between respondents attitude towards community based support and women as compensation (4.12.4). It is apparent that societal support to the practice of women as compensation existed despite its status as social taboo. It could be attributed to the prevalence of patriarchy and low status of women in the prevalent social structure. Kelly (2007) also discovered Swaziland laws more male oriented. Where in women are denied of their access to property and other rights due to their inferior position in the society. All these are due to the strong endorsement from civil laws and customary practices as well. Moreover, women are also denied of the inheritance rather the master of property, which she had made on her own practices (Boege, 2006; and Andreas, 2003). Such practices have restricted the chances of mobility for women in performing with different roles. Role specification with little opportunities of role differentiation hampers the social dynamics which augment the social cohesion and process of

119 development. Afghanistan also witnessed such a grim situation regarding the women’s plight in the era of kingdom and the establishment of successive government afterward (UNICEF, 2003; and Drumbl, 2004).

Table No 4.12.4 Association between respondent’s attitudes towards community based support and women as compensation

Independent variables Dependent variable Statistics

Community based support Women as compensation 2= 14.2 (0.001) γ = 0.82

4.12.5 Association between respondent’s attitude towards illiteracy and women as compensation A positive and highly significant relationship (γ = 0.69) was found between respondents attitude towards illiteracy and women as compensation (p<0.05, Table 4.12.5). Low literacy is a major curse associated to a number of social evils in society as emanated from these results. Forced marriage, women as compensation practices and early marriages had drastically affected the women educational attainment and women liberty in the process of decision making in various dimensions of life as well. All such situational evidences could usually be enumerated in case of Pakistan and Ethopia (Khawar, 2010; Tesfa, 2002; and Mumtaz and Nosheen, 2014). Traditional explanation over person’s position in the society is essential which is often value based with ethical considerations. Any dreadful act with separation from family, little freedom to expression and restriction over participation in peer activities usually emanated in harmful outcomes such as low attainment of education (Menkiti, 1986; Juru 2003; and Committee on Status of Women 2007). Moreover, Sultana (1965) had also connected status enhancement through financial freedom with educational attainment.

120 Table No 4.12.5 Association between respondent’s attitudes towards illiteracy and women as compensation

Independent variables Dependent variable Statistics

Illiteracy Women as compensation 2= 20.07(0.000) γ = 0.69

4.12.6 Association between respondent’s attitude towards poor religious fallacy and women as compensation Relationship between respondent’s attitude towards poor religious fallacy and women as compensation was positive (γ = 0.691) and significant (p<0.05; Table 4.12.6). The cultural supports to such acts were mostly misunderstood to be religious in nature and thus allegiances to such practices were taken as binding upon the inhabitants of the society. However, Mohiuddin (1991) had explained a correlation of Qisas and Diyat practices in Islam could be the obvious reasons of women compensation as total misinterpretation of Islam as religion. He stressed for ascertaining the coherence of these practices with compensation practices in Pakistan. Moreover, religious fundamentalism had posed a serious threat to women participation in job market which has been drastically affecting these women rights in all spheres of the world. World has witnessed the targeted demolition of schools by the religious radicals. Khyber Pukhtunkhwa was the most affected province during the Taliban uprising in most part of the tribal areas, Swat and Waziristan (Wunrn, 2009; and UNICEF, 2009).

Table No 4.12.6 Association between respondent’s attitudes towards poor religious failure and women as compensation

Independent variables Dependent variable Statistics

Poor religious failure Women as compensation 2= 7.12 (0.008) γ = 0.691

4.12.7 Association between respondent’s attitude towards tribal structural approach and women as compensation

Relationship (γ = 0.91) between respondents attitude towards tribal structural approach and women as compensation was positive and highly significant (p<0.05; Table

121 4.12.7). Any tribal structure is primary based with strong social cohesion. Changes in cultural and social traits are almost impossible to attain. Moreover, the primitive society in nature whether higher, bigger or stagnant would be proven to chances of change. The results could be attributed to the prevalence of a rigid social system. Traditional system of conflict resolution usually embodied the reconciliation which is essential for maintenance of social life. Most of the primitive societies such as African and study area had a social equilibrium to restore a social balance while settling disputes through traditional mechanisms. These approaches are usually spiritual in nature with psycho-social ramifications (Choudree, 1999; Colletta, and Cullen, 2000). Azinge (1991) and Narebo (1991) have also concluded some unethical practices of prevalent social norms which usually end at humiliation. All these could be attributed to a strong hold of patriarchy in the prevalent social system.

Table No 4.12.7 Association between respondent’s attitudes towards tribal structural approach and women as compensation

Independent variables Dependent variable Statistics

Tribal structural approach Women as compensation 2= 14.31 (0.000)

γ = 0.91

4.13 Multi-variate Analyses

Relationship among various independent and dependent variables were worked out by controlling background variables namely respondent’s education, family type and income to investigate whether the relationship between the dependent and independent variable at bi- variate level was spurious or non-spurious. These results are given and discussed as follows;

4.13.1 Association between respondent’s attitude towards legislative failure and women as compensation (Controlling Literacy).

The response of illiterate respondents regarding legislative failure and women as compensation was negative (γ= -0.60) and significant (p<0.05, Table-4.13.1). However, a negative and non-significant association was observed between the fore mentioned variables in respondents lying in the literate group (γ= -0.59). The respective gamma values showed

122 that relationship worked out between respondent’s attitude towards legislative failure and women as compensation at bi-variate level was found non-spurious when literacy was used as control variable. Results of the literate category indicated the fate of women as this category had little trust over the formal legislative setup. On the other hand literate through exercising the women as compensation practices due to the prevalent cultural norms and dysfunctional role of the legislatives bodies around. Munir (2013) had also explored the inabilities and dys- functionalism of the state laws to eradicate the practices of women as compensation (Swara) despite being illegitimate and un-Islamic, mostly in Pathan tribes. Constitution of Pakistan is enshrined with the notion of equality of all gender; however, the cultural practices in some regions are in total repugnance to it. Religious exploitation of this regime and the escalation of war by the Taliban in the recent past were some of the vivid example of resistance to the government stance on the issue of equality amongst genders (Niaz, 2006; and Rivert, 2011).

Table 4.13.1 Association between respondent’s attitude towards legislative failure and women as compensation (Controlling Literacy).

Literacy as Control Independent Dependent variables Statistics variable variables

Illiterate Legislative failure Women as compensation 2=6.23 (0.043) γ= -0.60

Literate Legislative failure Women as compensation 2=3.29 (0.057) γ= -0.59

4.13.2 Association between respondent’s attitude towards cultural endorsement and women as compensation (Controlling Literacy).

The response of illiterate respondents towards cultural endorsement and women as compensation was positive (γ= 0.55) and significant (p<0.05) (Table-4.13.2). Among literate respondents, the relationship was positive (γ= 0.63) but non-significant. The respective values of gamma showed that relationship worked out between the aforementioned variables was spurious for the respondents lying in illiterate group and non-spurious for respondents in

123 literate group when literacy was used as control variable. It could easily be attributed to the persons from literate group of understanding the gravity of situation. Moreover, they had the knowledge of government effort, legislative framework and the un-Islamic interpretation of surrendering women in response to ugly deeds of women. However, their inability to subjugate to the system was only attributable to the prevalence of cultural norms enduring such cultural practices, an addition social endorsement, had another important effect which could not be ruled out. Pakhtoon cultural incapability/lack of dynamism to cope with the process of modernization and globalization due to the stricter sense of internalization of own values had led to the perpetuation of such acts. Young girls and ladies are taught with the concepts of ghayrat and nang (chivalry) to stand by it at all costs. This practice seldom allow for a women to exercise and enjoy freedom to a strong patriarchal system. In addition, the existence of strong prejudice for working women in the workplace had further restricted the plight of women towards their social and economic emancipation (Martin, 1993; Kaarsholm, 2005; and Zaidi, 1971).

Table 4.13.2 Association between respondent’s attitude towards cultural endorsement and women as compensation (Controlling Literacy).

Literacy as Control Independent Dependent variable Statics variable variable

Illiterate Cultural endorsement Women as compensation 2=6.75(0.037)

γ= 0.55

Literate Cultural endorsement Women as compensation 2=2.5 (0.296)

γ= 0.63

124 4.13.3 Association between respondents’ attitude towards economic importance and women as compensation (Controlling Literacy).

The response of both literate and illiterate respondents towards economic importance and women as compensation was positive (γ= 0.63 and γ= 0.61) respectively (Table-4.13.3). In addition, the association between these two variables was significant (p<0.05) for both categories of respondents. The values of gamma indicated that the relationship worked out between economic importance and women as compensation at bi-variate level were non- spurious when literacy was used as control variable. Thus income could be of significant importance regarding the existence and prevalence of Swara practice. These findings were further augmented through ocular observation on part of the researcher as a widespread poverty had deep roots along with cultural and social endorsement to this act of inhumanity. Munir (2013) had also explored that inability to pay in financial terms, thus family of the aggrieved may show willingness to pay compensation in the shape of handing down a young girl to the aggrieved family. Traditional practices of dispute settlement included that paying of resources like land, money, political power and surrendering own ideology, however, in addition to all these practices, the provision of handing over a young girl in compensation is also an order of the day in most traditional societies (International Legal Foundation, 2004). However, practices of paying compensation in the shape of surrendering women could be contained by providing education and subsequent permission to women to have access to job market for attainment of jobs (Sultana, 1965).

Table 4.13.3 Association between respondent’s attitude towards economic importance and women as compensation (Controlling Literacy).

Literacy as Control Independent Dependent variable Statistics variable variable

Illiterate Economic importance Women as compensation 2=10.02(0.018) γ= 0.61

Literate Economic importance Women as compensation 2=7.69 (0.030) γ= 0.63

125 4.13.4 Association between respondent’s attitudes towards community based support and women as compensation (Controlling Literacy).

The influence of literacy as control variable on relationship between the respondents attitude towards community based support and women as compensation was worked out. Relationship between respondents attitude towards community based support and women as compensation was positive (γ= 0.64 and γ= 0.82) and significant (p<0.05) for both literate and illiterate. The respective gamma values for both literate and illiterate respondents indicated relationship calculated at bi-variate level was spurious when literacy was used as control variable. The variation in respective gamma value could be attributed to the respondent’s level on the basis of attainment of education. Moreover, some other factors like cultural and social endorsement to this effect as indicated in the previous results could also be counted for the existence of such practices with little chances of changes in the relative behavior at the community level. Some stringent practices to stop bloodshed and recurrence of disputes have been in existence in the Pakhtoon culture since long. However, the extreme action of paying women as a commodity through a consensus decision by a Jirga (local council) had been preferred as only tool of containment of bloodshed. In addition, the marrying of young girls to the aggrieved family for the sake of compensation to dispute settlement has been in practice (Yousafzai, 2005; Unicef 2003; and Hanzi, 2006).

Table 4.13.4 Association between respondent’s attitudes towards community based support and women as compensation (Controlling Literacy).

Literacy as Control Independent Dependent variable Statistics variable variable

Illiterate Community based Women as compensation 2=13.9 (0.002) support γ= 0.82

Literate Community based Women as compensation 2=10.5 (0.006) support γ= 0.64

126 4.13.5 Association between respondent’s attitude towards illiteracy and women as compensation (Controlling Literacy).

A high Positive (γ= 0.677) and significant (p<0.05) relationship existed in attitude of illiterate respondents towards illiteracy as independent variable and women as compensation (Table-4.13.5). On the other hand, among literate respondents, the relationship between the fore mentioned variables was negative (γ= -0.92) but highly significant (p<0.05). The gamma values amongst the illiterate showed non-spurious relationship while on literate side spurious relationship existed. The spuriousness of literate could be attributed to the fact that despite having a strong anonymousness, this segment was completely helpless in discarding the act of women as compensation due to the cultural and social support for it in the prevalence social system. The obvious factors of their inability to resist is perhaps the low number of educated persons as indicated in table 4.1.7. Low female education in Pakistan with conspicuous representation from tribal areas and villages nearby (Munir, 2013). Moreover, early marriages in most of the African culture in general and in Pakhtoon culture is another attributing factors coupled with blood dispute settlement in the study area (IPP Media, 2008). Iyanuolu (2008) low attainment of education due to early marriages restrict women to be an economic unit. Thus making them deprived of access to rights and exposing them to extreme vulnerabilities. Gender based discrimination included violence against women and social alienation and little says of involvement in household affairs making them liabilities and pray to extreme vulnerability (Stormorken et al., 2007).

Table 4.13.5 Association between respondent’s attitudes towards illiteracy and women as compensation (Controlling Literacy).

Literacy as Control Independent Dependent variable Statistics variable variable

Illiterate Illiteracy Women as compensation 2=21.04(0.000) γ= 0.677

Literate Illiteracy Women as compensation 2=13.8(0.001) γ= -0.92

127 4.13.6 Association between respondent’s attitude towards poor religious fallacy and women as compensation (Controlling Literacy). Approach of illiterate men towards poor religious fallacy and women as compensation was positive (γ= 0.686) and significant (p<0.05) (Table-4.13.6). On the contrary, among literates, the relationship between poor religious fallacy and women as compensation was positive (γ= 0.884) but non-significant. The relative gamma values, showed a relationship of spurious nature. Illiterate had high faith in practices related to women as compensation. The obvious reason of strict adherence could be attributed to widespread illiteracy and poor belief of taking it as social and religious obligations. Babur (2007) had also identified poverty, religious misinterpretation as major ingredients of fueling the issue. Moreover, women related issue had further aggravated the women status in society (Ahmad, 1992).

Table 4.13.6 Association between respondent’s attitudes towards poor religious fallacy and women as compensation (Controlling Literacy).

Literacy as Control Independent Dependent variable Statistics variable variable

Illiterate Poor religious Women as compensation 2=6.447(0.011) fallacy γ= 0.686

Literate Poor religious Women as compensation 2=0.047(0.977) fallacy γ= 0.884

4.13.7 Association between respondent’s attitude towards tribal structural approach and women as compensation (Controlling Literacy).

A highly positive (γ= 0.938) and significant (p<0.05) relationship was found between women as compensation and response of illiterate respondents towards tribal structural approach (Table-4.13.7). The relationship between the fore mentioned variables amongst the literate respondents was also high positive (γ= 0.871) and significant (p<0.05). The relative values of gamma indicated spurious relationship. Tribal structure composed of the prevalent

128 norms and values had a significant importance in escalating the women as compensation practices. However, ignorance regarding misunderstanding of the religious interpretation and wide spread poverty could probably be the other propelling factors as indicated by the spurious relationship. A placed judicial system devoid of the ability to deliver at fast rate could not be ruled out as well as reported by Munir (2013) that a costly and lengthy procedure of justice had failed to provide remedy to the people. On the other hand the quick disposition of justice from informal judicial system has given the opportunity to perpetuate in the social system. This informal system has encouraged the Jirga (local council) to practice and decide over a number of issues including the property to even gender based issues (Kakar, 2003).

Table 4.13.7 Association between respondent’s attitudes towards tribal structural approach and women as compensation (Controlling Literacy).

Literacy as Control Independent Dependent variable Statistics variable variable

Illiterate Tribal structural Women as compensation 2=13.499(0.000) approach γ= 0.938

Literate Tribal structural Women as compensation 2=13.966(0.000) approach γ= 0.871

4.13.8 Association between respondent’s attitude towards legislative failure and women as compensation (Controlling Family Type).

A negative but non-significant relationship (γ= -0.55) existed between women as compensation of the respondents in nuclear family setup and their attitude towards legislative failure (Table-4.13.8). The relationship (γ= -0.60) between the fore mentioned variables was also negative but significant (p<0.05) in the joint family setup. The respective gamma values suggested that relationship worked out for the aforementioned variables at bi-variate level was found to be non-spurious in the joint family setup and spurious in nuclear family setup. It could be detected from these results that due to less number of family members at the nuclear family had a negative response to this practice. However, issues of dispute resolution had to

129 be met out through paying either cash or surrendering commodities like land, cattle etc. The joint family setup had a willingness to go for practice of paying women as compensation but had a strong acknowledgment of the failure of legislative setup. Court marriages are even denied of implementation but had to surrender to the customary ways of marrying by a women. Moreover, ignorance or prevalent legislation on part of opposing while marrying their daughters through customary practices (Mooraj, 2004; and Plan, 2010). Ban on early marriages by the state legislative bodies had brought a high level of awareness amongst the parents of young girls (Wassan, 2012).

Table 4.13.8 Association between respondent’s attitudes towards legislative failure and women as compensation (Controlling Family Type).

Family Type as Independent variable Dependent variable Statistics Control variable

Nuclear Legislative failure Women as compensation 2=2.93 (0.07)

γ= -0.55

Joint Legislative failure Women as compensation 2=6.53 (0.031)

γ= -0.60

4.13.9 Association between respondent’s attitude towards cultural endorsement and women as compensation (Controlling Family Type).

Association (γ= 0.68) between the response of respondents residing in joint families towards cultural endorsement and women as compensation was positive and significant (p<0.05; Table-4.13.9). On the other hand relationship between the fore mentioned variables in the nuclear family setup was positive but non-significant (γ= 0.59). The respected gamma values showed spurious relationship for both nuclear and joint family setup. Poverty, illiteracy and the existence of patriarchy could be other attributed factors of women as compensation as reflected from these results. Most of the social institutions had the norms and traditions based on patriarchy, which allow the gender variations with conspicuous standing for female

130 (Hassan, 1995). Women are bartered as commodity/property to resolve their long standing disputes in most parts of rural Khyber Pukhtunkhwa, Sindh and Baluchistan. Practice of “Swara” i-e settling blood dispute while surrendering a young girl to the aggrieved family as compensation in most parts of Pakhtoon populated areas (Ebrahim, 2007).

Table 4.13.9 Association between respondent’s attitudes towards cultural endorsement and women as compensation (Controlling Family Type).

Family Type as Independent Dependent variable Statistics Control variable variable

Nuclear Cultural endorsement Women as compensation 2=3.1 (0.18)

γ= 0.59

Joint Cultural endorsement Women as compensation 2=7.1 (0.029)

γ= 0.68

4.13.10 Association between respondent’s attitude towards economic importance and women as compensation (Controlling Family Type).

Relationship between respondents attitude in the nuclear family setup towards economic importance and women as compensation was found positive (γ= 0.59, Table- 4.13.10). The association was relatively significant (p<0.05). On the other hand relationship between the two fore mentioned variables in the joint family setup was positive (γ= 0.449) but non-significant. Both relationships were found spurious as indicated by the respective values of gamma. As a receipt of women in compensation had little endorsement to it as indicated from these results as spurious. However, as tool bringing consolation to the aggrieved family, the practice of women as compensation had some importance in the study area. Traditional and tribal custom of honor killing, unemployment of women and no autonomy/recognition to women had eroded their existence in most societies of the world (Burney, 1999; UK Border Agency, 2008; and Khan, 2001).

131 Table 4.13.10 Association between respondent’s attitudes towards economic importance and women as compensation (Controlling Family Type).

Family Type as Independent variable Dependent variable Statistics Control variable

Nuclear Economic importance Women as compensation 2=8.21 (0.025)

γ= 0.59

Joint Economic importance Women as compensation 2=1.272(0.259)

γ= 0.449

4.13.11 Association between respondent’s attitude towards community based support and women as compensation (Controlling Family Type). In the present study relationship between attitude of the respondents in the nuclear families towards the idea between community based support and women as compensation was positive (γ= 0.53) and highly significant (p<0.05, Table-4.13.11). On the other hand, non- significant and intensive association was observed in joint families for the afore mentioned variables (γ=0.233). The relationship worked out at bi-variate level for the aforementioned variables was found spurious in both nuclear and joint family setup when family setup was used as control variable. It was apparent from these results that both setups had no support to such acts of inhumanity. However, its practice could have some level of association to other factors like cultural and social importance in maintaining social equilibrium of a system.Behavioral patterns of social, religion and cultural drives against women both within family and outside had reduced the social size of a women in society. Moreover, the absence of educational facilities and sexual offences against women had further added to the perpetuation of violence against women (UNICEF, 2009; and Schuler, 1992).

132 Table 4.13.11 Association between respondent’s attitudes towards community based support and women as compensation (Controlling Family Type).

Family Type as Independent Dependent variable Statistics Control variable variable

Nuclear Community based Women as compensation 2=50.0 (0.000) support γ= 0.53

Joint Community based Women as compensation 2=0.577(0.749) support γ= 0.233

4.13.12 Association between respondent’s attitude towards illiteracy and women as compensation (Controlling Family Type). Relationship between women as compensation of the respondents residing in nuclear family setup and attitude towards illiteracy was highly significant (p<0.05) but negative (γ= - 0.83; Table-4.13.12). However, the relationship between the aforementioned variables was negative (γ= -0.397) but significant (p<0.05) for the respondents in the joint family setup. The respective gamma values indicated a spurious relationship between the aforementioned variables in the nuclear and joint family setup. Thus only level of literacy had little effects to it. It could be associated to some other factors like big family size, abundance of human capital and stickiness to the prevalent cultural practices; which denial was almost a taboo for the locals. Cultural practice of patriarchy had led to the emergence of inequalities in the Pakistani society. Although women are allowed to get education outside the house, but on the dictation of female members. However, permission for getting education by women had led to a decline in the rate of early marriages (World Vision, 2008; Shaheed, 1990; and Hassan, 1995).

133 Table 4.13.12 Association between respondent’s attitudes towards illiteracy and women as compensation (Controlling Family Type).

Family Type as Independent Dependent variable Statistics Control variable variable

Nuclear Illiteracy Women as compensation 2=14.2(0.000)

γ= -0.83

Joint Illiteracy Women as compensation 2=21.823(0.005)

γ= -0.397

4.13.13 Association between Respondent’s attitude towards poor religious fallacy and women as compensation (Controlling Family Type). In the nuclear families, relationship between the respondents opinion regarding poor religious fallacy and women as compensation was high positive (γ= 0.841, Table-4.13.13). The association between these two variables was highly significant (p<0.05). In joint families, the relationship between the above mentioned variables was also positive (γ= 0.623) but non- significant. Findings of the study revealed that relationship between the two variables worked out at bi-variate level was found spurious when family was taken as control variable. People had a high level of understanding regarding the issue of women as compensation not to be religious in nature as spuriousness disclosed. However, it’s persistence with in the social and cultural fabrics could be due to the prevalence of strong patriarchal system. These findings were in negation to the Margaret (1992) who disclosed the women low profile as an outcome of religious misinterpretation and traditional societal structure. Such structural composition strictly met with any egalitarian voice for women both either from women or organization. Moreover, women consent in marrying is essential as it is Islamic. However, the writing of most of the Islamic historians had eroded the real meaning and interpretation of Islam, which firmly believes in equality amongst genders (Jilanee, 2004; and Barlas, 2002).

134 Table 4.13.13 Association between respondent’s attitudes towards poor religious fallacy and women as compensation (Controlling Family Type).

Family Type as Independent Dependent variable Statistics Control variable variable

Nuclear Poor religious fallacy Women as compensation 2=24.49 (0.000)

γ= 0.841

Joint Poor religious fallacy Women as compensation 2=0.210 (0.901)

γ= 0.623

4.13.14Association between respondent’s attitudes towards tribal structural approach and women as compensation (Controlling Family Type).

In nuclear family, the relationship between tribal structural approach and women as compensation was high positive (γ= 0.717, Table-4.13.14). Association between these variables was also significant (p<0.05). Also in the joint families, the relationship between these variables was high positive (γ= 0.893) and highly significant (p<0.05). Findings of the present study suggested that relationship between the afore mentioned variables was found spurious in both nuclear and joint family setup. Although structural setup had a high role of determining and directing human behavior. However, their attachments to structural endorsement could be judged through the Google of social, cultural and religious norms of the society. Conflict resolution in Pakhtoon culture had a strong functional approach through local elders. This gathering of local elders (Jirga) had the lacking of social and cultural endorsement. Women subordination to men and subsequent resolution of issue of women by the men had strong roots in the prevalent patriarchy (International Legal foundation, 2004; Lane, 2011; Margaret, 1992; and Hassan, 1995).

135 Table 4.13.14 Association between respondent’s attitudes towards tribal structural approach and women as compensation (Controlling Family Type).

Family Type as Independent variable Dependent variable Statistics Control variable

Nuclear Tribal structural approach Women as compensation 2=4.667(0.031)

γ= 0.717

Joint Tribal structural approach Women as compensation 2=24.49 (0.000)

γ= 0.893

4.13.15 Association between respondent’s attitudes towards legislative failure and women as compensation (Controlling income). The influence of level of income on the respondents attitude regarding legislative failure and women as compensation showed that respondents having low level of income had a positive relationship between the aforementioned variables (γ= 0.66; Table 4.13.15). The association between the fore mentioned variables was also significant (p<0.05). In the medium income group, the relationship between these variables was negative (γ= -0.58) and non-significant. Likewise, the relationship in high-income group was also negative (γ= -0.54) and non-significant. Both gamma values at medium and higher income level showed non- spurious relationship. Low income group had nothing in possession to pay rather to surrender its young girl in dispute settlement. However, medium and high income group had little endorsement to women as compensation. It could be attributed to their financial clot and sound social clout on economic grounds. Thus dispute settlement procedure is not limited to Swara practice and could be addressed through cash payment, surrendering land and other property (Unis, 2004).International Legal foundation (2004) had also related women miseries with police department failure to execute law. In addition, the judicial system was found incapable of deliverance on containment of Swara practices in Afghanistan.

136 Table 4.13.15 Association between respondent’s attitudes towards legislative failure and women as compensation (Controlling income).

Income as Control Independent Dependent variable Statistics variable variable

Low Legislative failure Women as compensation 2=6.82(0.034)

γ= 0.66

Medium Legislative failure Women as compensation 2=3.44 (0.054)

γ= -0.58

High Legislative failure Women as compensation 2=3.21(0.061)

γ= -0.54

4.13.16 Association between respondent’s attitudes towards cultural endorsement and women as compensation (Controlling income). A positive relationship (γ= 0.51) was found between respondents attitude (lying in the low-income group) towards cultural endorsement and women as compensation (Table 4.13.16). The association between these variables was also significant (p<0.05). In the medium income group the relationship between the aforementioned variables was positive (γ= 0.48) and significant (p<0.05). Contrary to the above two groups, in the high income group the relationship was positive (γ= 0.52) but non-significant. The results of the low and medium income group indicated a spurious relationship between respondent’s attitude towards cultural endorsement and women as compensation, while it was non-spurious for higher level income. Results from the low and medium income groups indicated their submission to Swara practices as cultural phenomena. Their fallacy of Swara practice is perhaps the outcome of extreme poverty, low literacy and wide spread ignorance. Barlas (2004) had found that besides offering a young girl in compensation to male deeds, in some case money is even paid to settle the issue. Pardon and forgiveness have also been some of the characteristics of Pakhtoon culture. Forced marriage, had led to opening of the window of Swara practices in

137 Afghanistan. It has been reported that 70 to 80% Afghanistan marriages are forced in nature (UNIFEM, 2008).

Table 4.13.16 Association between respondent’s attitudes towards cultural endorsement and women as compensation (Controlling income).

Income as Control Independent Dependent variable Statistics variable variable

Low Cultural Women as compensation 2=6.91 (0.029) endorsement γ= 0.51

Medium Cultural Women as compensation 2=6.71 (0.043) endorsement γ= 0.48

High Cultural Women as compensation 2=3.18 (0.065) endorsement γ= 0.52

4.13.17 Association between respondent’s attitudes towards economic importance and women as compensation (Controlling income). Relationship between women as compensation and respondents attitude towards economic importance was significant (p<0.05) and positive (γ= 0.63) in the low-income group (Table 4.13.17). In the middle-income group, the relationship was also positive (γ= 0.58) and significant (p<0.05). Similarly, the association between the two variables was significant (p<0.05) and positive (γ= 0.69) in the high income group. The relationship at low, medium and high-income levels was spurious. It could be inferred from these results that only economic importance is not essential in the shape of paying to settle the disputes. Rather, other factors like revenge to pacify the honor of the aggrieved is also essential and live with honor amongst the others. Moreover, variations in dispute settlement procedure rights from cash payment to surrendering land and women could be attributed to ensuring peaceful and congenial environment for both the parties involved. These findings were in line to Ben (2010) who also indicated towards the maintaining of social equilibrium for addressing the

138 issues through cash payment, surrendering land and women to settle disputes amongst Pakhtoons. In addition, the perpetuation of informal legal system in closed associated to the dysfunctional legal procedures spreading over a longer period of time with huge monetary consequences of settling the disputes (Word Bank, 2006; and UNICEF, 2009).

Table 4.13.17 Association between respondent’s attitudes towards economic importance and women as compensation (Controlling income).

Income as Control Independent Dependent variable Statistics variable variable

Low Economic importance Women as compensation 2=10.22 (0.009)

γ= 0.63

Medium Economic importance Women as compensation 2=8.31 (0.024)

γ= 0.58

High Economic importance Women as compensation 2=9.31 (0.018)

γ= 0.69

4.13.18 Association between respondent’s attitudes towards community based support and women as compensation (Controlling income).

A high positive relationship (γ= 0.79) was found between respondents attitude towards community based support and women as compensation in the low-income group (Table- 4.13.18) with the association between these variables was significant (p<0.05). In the middle- income group, the relationship between the aforementioned variables was also positive (γ= 0.61) and significant (p<0.05). In the high-income group, relationship between respondents attitude towards community based support and women as compensation was low positive (γ= 0.42) but not significant (Table 4.9.4). These findings suggested that relationships worked out between respondents attitude towards community based support and women as compensation out at bi-variate level were found spurious when income level of the respondents was

139 controlled. It could be inferred from these relations that community had support to this practice from the low and medium class of the society. However, in the high income group, though such practices existed, however, with no much high endorsement. It could be due to the strong financial clout to pay instead of surrendering a girl. In addition, there was a strong likelihood of the high level of literacy which they were supposed to be enhancing and maintaining due to their stable economic background. The prevalence of literacy in high income group had empowered them of changing the prevailing norms of the society. A social change is essential to alter the social norms, gender based discrimination and power related relationship to alter community based support to evil deeds. Local communities had to explain their capacities to respond in an effective manner to encounter violence against women by encouraging them in their ownership (Michau 2005; Rosewater, 2003; and Family Violence Prevention Fund, 2004).

Table 4.13.18 Association between respondent’s attitudes towards community based support and women as compensation (Controlling income).

Income as Control Independent Dependent variable Statistics variable variable

Low Community based Women as compensation 2=12.7 (0.008) support γ= 0.79

Medium Community based Women as compensation 2=9.9 (0.010) support γ= 0.61

High Community based Women as compensation 2=3.11 (0.070) support γ= 0.42

140 4.13.19 Association between respondent’s attitudes towards illiteracy and women as compensation (Controlling income).

The effects of different levels of the respondent’s income was sought on women as compensation and illiteracy. In low-income group the relationship was positive (γ= 0.62, Table-4.13.19). Moreover, the association between the aforementioned variables was significant (p<0.05). In the medium-income group, the relationship between the aforementioned variables was positive (γ= 0.71) and significant (p<0.05). Similarly, in the high-income group, the relationship between these variables was also positive (γ= 0.64) and significant (p<0.05). Relationship between women as compensation and illiteracy; in low, medium and high-income was found spurious. These findings indicated towards other factors like poverty, ignorance and strict cultural norms pertaining over the practice of women as compensation. Community education through biased campaign from media is some of the strategies of losing women status. These practices need to be incorporated in themselves by arranging seminar, workshop and ceremonies over women plight in society on social and religious grounds. In addition, family policies of positive parenting and encouraging women involvement in decision making could lead to improvement in women status (Gault, 2006; and Davis et al. 2006).

Table 4.13.19 Association between respondent’s attitudes towards illiteracy and women as compensation (Controlling income).

Income as Control Independent Dependent variable Statistics variable variable

Low Illiteracy Women as compensation 2=10.7 (0.011) γ= 0.62

Medium Illiteracy Women as compensation 2=12.5 (0.003) γ= 0.71

High Illiteracy Women as compensation 2=13.9 (0.001) γ= 0.64

141 4.13.20 Association between respondent’s attitudes towards poor religious fallacy and women as compensation (Controlling income). In low-income group, the relationship between poor religious fallacy and women as compensation was positive (γ= 0.531) and significant (p<0.05). Also, in the medium group level, the relationship between these variables was positive (γ= 0.82) but non-significant (Table-4.13.20). Amongst the high-income group level, the relationship was positive (γ= 0.71) but non-significant. The relationship in the first category was found spurious, but almost identical in the high-income group to the bi-variate outcome. Poor fallacies are usually based on negligence, ignorance and low literacy. The prevalence of women compensation practices in the low and median income groups could be attributed to low literacy rate. However, the high income group adherence to this cultural norms was not as strong and stable as indicated by these relationship. Cultural practices and traditions are evolved regularly. Religion of Islam could play a significant role while exploring the Quranic perception over the women emancipation and liberation in Muslim world. Harmful practices of early marriages and giving girl as shift in dispute settlement had risen to the emergence of Swara practices (Yousafzai, 2005; Abdelfattah, 2009; and Unama, 2010).

Table 4.13.20 Association between respondent’s attitudes towards poor religious fallacy and women as compensation (Controlling income).

Income as Independent Dependent variable Statistics Control variable variable

Low Poor religious Women as compensation 2=6.13 (0.021) fallacy γ= 0.531

Medium Poor religious Women as compensation 2=0.051 (0.951) fallacy γ= 0.82

High Poor religious Women as compensation 2=0.131 (0.731) fallacy γ= 0.71

142 4.13.21 Association between respondent’s attitudes towards tribal structural approach and women as compensation (Controlling income). As depicted in Table 4.13.21, a high positive (γ= 0.87) and significant (p<0.05) relationship in low income group was observed between women as compensation and tribal structural approach. In the medium income group, the relationship between the aforementioned variables was high positive (γ= 0.82) and significant (p<0.05). Similar findings were found in high-income level (γ= 0.91). These relationships indicated at bi-variate levels were almost identical to the results obtained here as was evident from the respective Gamma values. It could be deduced from the data that tribal structure had a strong support to this practices. It could probably the outcome of a continuous phenomena, received by the respondents from their ancestors traditional approaches of executing formal system is often informal with high disregard to formal judicial system (Schlichte, 2005; Boege, 2006; and Dinnen, 2003).

Table 4.13.21 Association between respondent’s attitudes towards tribal structural approach and women as compensation (Controlling income).

Income as Independent Dependent variable Statistics Control variable variable

Low Tribal structural Women as compensation 2=13.7 (0.000) approach γ= 0.87

Medium Tribal structural Women as compensation 2=13.9 (0.000) approach γ= 0.82

High Tribal structural Women as compensation 2=12.8 (0.000) approach γ= 0.91

143 V. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS The present investigation was carried out by randomly interviewing 205 respondents in Union Counsil Kalam and Union Counsil Othrore of tehsil Kalam and in Union Counsil Chupreyal and Union Counsil Bartana of tehsil Matta in district swat Khyber Pakhtoonkhwa to study various factors leading to women as compensation in dispute settlement. Findings in the summarized form along with conclusions and suitable recommendations are given as follows;

5.1 Summary

Majority of the respondents (99.0%) were male while only (1.0%) were female, (52.2%) were from Union Council Othrore, followed by (31.2%) from Union Council Kalam, (11.2%) were from Village Osho, however, (5.4%) of respondents were from Tehsil Matta. About (42.9%) were in the age group 36 to 45 years, (36.1%) were 46 to 55 years. (82.0%) respondents were Kohistany, (15.1%) were Gojar and a smaller proportion of (2.9%) belonged to other ethnic identities. Majority proportions (82.9%) of respondent belonged to joint family and (60.5%) had 6 to 10 family members. Majority of (34.1%) respondents were illiterate, (33.2%) had primary education, (23.4%) had middle education. A smaller proportion of respondents (1.0%) were found in higher income group (more than Rs. 30000/per month). Out of total respondents (16.1%) and (70.7%) were in middle group (Rs. 20001/= to Rs 30000/= per month) and (Rs. 10001/= to 20000/= per month) respectively while (12.2%) respondents were in low income group (below Rs. 10000/=per month). Majority of the respondents (54.6%) were farmers, whereas (27.3%) were self-employed. However, (11.7%) were government employed while (6.3%) respondents were unemployed.

All (100.0%) respondents disclosed that Swara custom being exercised in the study area, (99.5%) know Swara custom, (98.0%) termed that Swara marriage is used for feud settlement, (30.2%) said Pakhtoon culture is the main custodian of Swara while a minor proportion (2.0%) revealed that religion support custom of Swara. Majority (59.0%) were blood relative other than family members (27.3%) were brothers of Swara girl while (13.7%) were fathers of the Swara girl. Majority (57.1%) Swara girl were given in case of any other relatives rather than fathers or brothers, (38.5%) were given in case of brother. In addition, (74.1%) were in the age group 11 to 20 years, 21.0% were between 1 to 10 years, 4.4% were

144 in 21 to 30 years while 0.5% of Swara girl were above 30 years of age in the study area. Majority of (82.4%) younger girls were given as a Swara in elopement of women cases, (10.2%) were given in blood enmity or killing of someone, (5.4%) were given in other cases while a minor proportion (2.0%) girl were given as Swara for land dispute. Majority (60.0%) respondents said that after Swara marriage relation of Swara girl with their parents remained as ordinary female member, (33.2%) said that relationship were marital while (6.8%) said that relations of Swara girl with their male of receiving families were found concubine. Majority of (58.0%) respondents said their relation was ordinary, (33.7%) were blood relatives while (8.3%) relationship of respondents with disputant family was found affinal.

(93.7%) respondents supported the idea of formal law implementation, (94.1%) were of the opinion that disputes are resolved through formal law and (94.6%) viewed that formal law are used for social control. Similarly (88.8%) respondents added registration of cases in formal courts while (76.6%) were viewed that people have easy access to formal courts. However, (92.2%) respondents oppose the idea of decision of cases by formal courts in short period of time. Conversely, (61.5%) respondents were satisfied from formal court decision making, (66.6%) accepted that decision of formal court is based on justice while (79.5%) respondents opposed the statement that formal law decision is based on gender discrimination. About (68.8%) respondents agree that formal law protects women from Swara marriage but (95.1%) respondents clearly indicated that formal courts take long time in decision making. About (90.7%) respondents supported the idea that Swara marriage is a part of cultural practices, (81.5%) accepted that ancestor did such practices, however, (85.4%) respondents rejected the idea of family norms. Similarly, (92.2%) respondents said that Swara marriage is practiced in the study area while (89.8%) opposing the statement of feeling honors on giving girl as Swara. Also (95.6%) respondents indicated that Swara marriage exist in the community, (85.4%) feel shame on Swara practice while (75.1%) respondents were in fever of sense of consolation is felt after Swara practice.

Out of the 205 respondents, 93.7% of the Swara marriages in the study area were demanded as compensation. About 89.8% opposed demand of cash. Lack of money and low income as a reason of Swara act was rejected by 93.7%. Similarly, 87.3% respondents admitted that cash was not substitute of Swara marriage and 65.4% replied that land was not

145 accepted as a kind for dispute settlement. Although 89.3 % respondents were not in favor that presence of unmarried female was a cause of Swara while 92.2% respondents denied that money was more important than women. Moreover, 90.2% respondents agree that women exchange was the only demand for dispute settlement. Moreover, 48.3% respondents viewed that community people gave importance to Swara in dispute settlement while 86.3% said community people adopted such practices. Majority i.e 79.0% respondents opposed that community people enforcement of a decision leads to Swara and 53.7% rejected difficulties in living in community any more. Almost 55.1% endorsed migration in case of non-compliance. Conversely, 55.1% opposed that community people will boycott while 47.8% accepted that community people appreciate it. Likewise 91.7% considered Swara marriage as a best procedure while 94.6% favored the decision of Jirga. Majority of the respondents (67.3%) were in favor of formal education facilities for women in the study area while having any formal education degree was opposed by 92.2%. Findings pertaining to awareness of the importance of formal education was supported by 94.1%, community people like formal education system by 95.6%, formal education to start by 99.0%, wanted formal education in the family by 94.6%, allow female to get formal education by 91.7%, want education but failed due to unavailability by 94.1% and presence of formal school by 73.2%. Almost 91.2% of the respondents rejected the idea of favor of co-education, 94.6% respondents accepted it with feeling of shame on female education while 91.7% said that female education is against their honors. Also 85.4% respondents do not allow female for education because of Pardha while 85.4% respondents allowed female to take decision of her life.

Majority of the respondents (89.8%) were in favor of following religious code of conduct completely, 87.8% endorsed awareness of the basic religious education while 57.6% opposed that religious education is misinterpreted in the study area. Moreover, a higher proportion of the respondents (92.2%) were of the view that religion does not allow female to be compensated while 85.9% were not aware of the religious education of Swara marriage. Notwithstanding, 93.7% respondents treated their family members according to religious teaching while 82.9% respondents gave equal rights to family members according to religious knowledge. However, 54.6% respondents rejected any discrimination with family members on gender basis, 95.1% termed religion a strong measure of social control while 94.6% respondents were against giving female in Swara is a religious act. Some 85% of the

146 respondents practiced Swara due to strong Jirga system. Similarly, 62.0% resolved any type of dispute through informal Jirga, while 87.8% followed informal Jirga rules. Furthermore, 75.1% respondents rejected satisfaction from decision of Jirga, 54.1%opposed effectiveness of informal Jirga in social control while 67.3% respondents termed Jirga is more effective than formal judiciary. Similarly, activeness of informal Jirga than formal judiciary system and access to informal Jirga was supported by 88.8% and 98.5% of the respondents respectively. Also 95.1% respondents disclosed that informal Jirga resolved dispute in a short period of time, 95.1% disclosed that informal Jirga system is economically better than formal judiciary system while 58.5% respondents opposed that informal Jirga decision is final and long lasting.

Out of the total respondents interviewed, 50.7% rated every type dispute resolution through compensation practices. Among the respondents, 63.40% viewed that dispute were resolved through Swara marriage, 85.4%favored through cash, while 91.7% through land as compensation. Similarly, 90.2% admitted that dispute were resolved through use of force, 95.6% through religious manifestation while 84.4% resolved through formal judiciary system. Moreover, a vast majority of the respondents 92.7% in the present study termed dispute resolution through formal judiciary in the society, 86.8% considered through caste system, while 82.4% respondents favored through class system. Some 70.7% of the respondents indicated that dispute were resolved through political leaders, while 82.9% opined that dispute were resolved through paying animals as compensation.

Relationship between respondents attitude towards legislative failure and women as compensation was negative (γ= -0.57). However, the relationship was significant (p<0.05). However, the relationship was found non-spurious when literacy was used as control variable. Similar non-spurious relationship was existed in the joint family setup and spurious in nuclear family setup. While at medium and higher income level non-spurious relationship was observed. A positive (γ= 0.725) and significant (p<0.05) association was found between respondents attitude towards legislative failure such as dispute resolution through formal law and women as compensation. Also a positive (γ= 0.764) and significant (p<0.05) relationship was found between respondents attitude use of formal law for social control and Swara marriage. Similarly, a positive (γ= 0.75) and significant (p< 0.05) relationship was found

147 between formal court’s decision takes very long time and women as compensation. However, a positive (γ= 0.178) but non-significant relationship was found between compensation practices and registration of cases in formal courts. Similarly, a positive (γ= 0.164) but non- significant relationship was found between formal law protects women from Swara marriage and women compensation.

A significant (p<0.05) and positive relationship (γ= 0.65) was found between respondents attitude towards cultural endorsement and women as compensation. The relationship was spurious for the respondents lying in illiterate group and non-spurious for respondents in literate group when literacy was used as control variable. Also spurious relationship was disclosed for both nuclear and joint family setup. The results of the low and medium income group indicated a spurious relationship between the two variables, while it was non-spurious for higher level income. A positive (γ= 0.520) and significant (p< 0.05) association was found between women as compensation and Swara is a part of cultural practices. The relationship between women as compensation and ancestor did such practice were also found positive (γ= 0.630) and significant (p<0.05). Moreover, a positive (γ= 0.677) and significant (p< 0.05) association was explored between women as compensation and it is practiced in the area (Table 4.11.2). Furthermore, a positive (γ= 0.633) and significant (p<0.05) relationship was found between women as compensation and feel shame on giving Swara. Likewise, unlike the above a positive (γ= 0.048) but non-significant relationship was discover between women as compensation and feel honors on giving Swara. Similarly, a positive (γ= 0.669) and non-significant relationship was found between women as compensation and it is your family norms.

The relationship between respondent’s attitude towards economic importance and women as compensation was positive (γ= 0.66) and significant (p<0.05). Moreover, the relationship was found non-spurious when literacy was used as control variable. While relationships were found spurious for both nuclear and joint family. The relationship at low, medium and high-income levels was spurious. A highly positive (γ= 0.60) and significant (p<0.05) relationship existed between women as compensation and Swara is demanded as compensation. The results directionally explained the existence of Swara practice. Moreover, the relationship between women as compensation and you did not have money was found

148 positive (γ=0.634) and significant (p<0.05). The relationship; between women as compensation and low monthly income was found positive (γ=0.932) and highly significant. The relationship between women compensation and cash was not a substitute to it was found positive (γ=0.701) and significant (p< 0.05). In addition a highly positive (γ=0.833) and significant (p<0.05) relationship was found between women as compensation and existence of unmarried female in home. Similarly, relationship between women as compensation and women exchange is the only demand was also found highly positive (γ= 0.89) and significant (p< 0.05). Conversely, the relationship between women as compensation and money was more important than women were found positive (γ=0.532) but non-significant.

A positive (γ= 0.82) and significant (p<0.05) relationship was found between respondents attitude towards community based support and women as compensation. For both literate and illiterate respondents indicated relationship calculated at bi-variate level was spurious when literacy was used as control variable. Furthermore, the relationship was found spurious in both nuclear and joint family setup when family setup was used as control variable. While the relationships were found spurious when income level of the respondents was controlled. A positive (γ=0.810) and significant (p< 0.05) relationship was found between community people enforced you to do so and women as compensation. However, the relationship between you give Swara because you can’t live in your community and women as compensation was found positive (γ=0.617) and significant (p< 0.05). Likewise, relationship between migration from your community in case of non-compliance and women as compensation was found highly positive (γ= 0.70) and significant (p< 0.05). Moreover, a highly positive (γ= 0.638) and significant (p<0.05) association was detected between women as compensation and community people will boycott you. Similarly, a highly positive (γ= 0.831) and significant (p< 0.05) relationship was found between Swara giving is the decision of Jirga and women as compensation. Although, not significant, a moderate positive (γ=0.549) relationship was found between women as compensation and community people give importance to Swara. Similarly, a positive (γ= 0.404) and non-significant relationship existed between community people adopt such practice and women as compensation. The relationship between Swara is best procedure in your community and women as compensation was also found highly positive (γ= 0.636) but non-significant.

149 A positive and highly significant relationship (γ= 0.69) was found between respondents attitude towards illiteracy and women as compensation (p<0.05). The illiterate showed non-spurious relationship while on literate side spurious relationship existed. A spurious relationship between the aforementioned variables in the nuclear and joint family setup was observed. Relationship between the above mentioned variables; in low, medium and high-income was found spurious. A highly negative (γ= -0.958) and significant (p<0.05) relationship was discovered between got any formal education degree and women as compensation. On the other hand a high positive (γ=0.941) and significant (p< 0.05) relationship was found between you want formal education system to be started in your area and women as compensation. Similarly, a high positive (γ= 0.73) and significant (p< 0.05) relationship was detected between you want your family to get formal education and women as compensation. A positive (γ=0.677) and significant (p<0.05) relationship was found between you allow your female to get formal education and women as compensation. Similarly, a high positive (γ=0.752) and significant (p<0.05) relationship was found between you want to get formal education but failed due to unavailability and women as compensation. Relationship between female education is against your honors and women as compensation was found highly positive (γ=0.884) and significant (p<0.05). Also a positive (γ=0.598) but non-significant relationship was disclosed between community people like formal education system and women as compensation. Similar relationship existed between favor of co- education and women as compensation (γ=0.052) and feel shame on female education and women as compensation (γ=0.714). Relationship between you did not allow female education because of Pardha and women as compensation was found positive (γ=0.365) but non- significant and you allow female to get decision her own life and women as compensation (γ=0.421).

The relationship between respondent’s attitude towards poor religious fallacy and women as compensation was positive (γ= 0.691) and significant (p<0.05). The relationship was spurious in nature for both literate and illiterate. However, relationship was found spurious when family was taken as control variable. The relationship in the first categories was found spurious, but almost identical in the high-income group. A positive (γ=0.686) and significant (p<0.05) relationship was found between respondents attitude towards poor religious fallacy such as religion does not allow female to be compensated and women as

150 compensation. Similarly, a highly positive (γ=0.781) and significant relationship was found between you were aware of the religious education of female equal rights and women as compensation. On the other hand a low positive (γ=0.221) but non-significant relationship was found between you follow religious code of conduct completely and women as compensation. Similar to the above findings a positive but non-significant (γ=0.239) relationship was found between respondents attitude towards religious education misinterpreted in your area and women as compensation. A similar relationship was found between; respondents attitude towards religion allows female to get education and women as compensation (γ=0.488) and religion allow female to get decision of their own life and women as compensation ( =0.488). The relationship between respondents attitude; towards you make any discrimination in your family on gender bases and women as compensation (γ=0.267) and you give Swara as a religious act low positive (γ=0.273) was also found non- significant.

Relationship (γ= 0.91) between respondents attitude towards tribal structural approach and women as compensation was positive and highly significant (p<0.05). Spurious relationship was observed for both literate and illiterate level. Likewise, relationship between the aforementioned variables was found spurious in both nuclear and joint family setup. The relationships were almost identical to the results obtained for low, medium and high income group. A moderate positive (γ=0.565) and significant (p< 0.05) association was found between respondents attitude towards tribal structural approach through Jirga system is very strong and women as compensation. Moreover, a high positive (γ= 0.615) and significant (p< 0.05) relationship was found between; respondents attitude towards you resolve any type of dispute through Jirga system and women as compensation. The relationship between Jirga is effective instrument for resolving any type of dispute and women as compensation was also found highly positive and significant (γ=0.733; p< 0.05). Similarly, a high positive (γ=0.706) and significant (p<0.05) relationship existed between respondents attitude towards following Jirga rules and women as compensation. In addition to above, a high positive (γ=0.871) and significant (p<0.05) relationship was explored between Jirga is effective instrument for social control and women as compensation. The relationship between informal Jirga is more active then formal judiciary system and women as compensation was detected high positive (γ=0.710) and significant (p< 0.05). Similarly, a highly positive (γ=0.812) and significant (p<

151 0.05) relationship between respondents towards Jirga resolves dispute in a short period of time and women as compensation was obtained.

5.2 Conclusions

The main aim of this research was to investigate dispute settlement through women as compensation in Pakhtoon culture, Khyber Pakhtoonkhwa. Women as compensation (Swara) was measured through legislative failure, cultural endorsement, economic importance, community based support, illiteracy, poor religious fallacy and tribal structural approach towards dispute settlement.

The study showed that formal law for containment of Swara practices was bleak and vague, despite its presence in the study area. it was further evident from the data that formal law was used as a tool of social control, however, had little roots amongst the locals due to taking long period of time in disposing of justice. Swara practice was disclosed as a cultural practice and was taken up as an ancestral act, despite feelings of shame was found prevalent for it. The exchange of women for dispute settlement was a practice in the form of compensation of deeds committed by males specifically in blood related disputes. Cash payment was found as substitute to Swara practice, but with little encouragement, especially amongst the poor, as devoid of any cash to pay. The decision of paying a woman in compensation was found to be a unanimous decision of the local elder’s council (Jirga) with a strong endorsement from the community. Non-compliance to it is often dealt with the community boycott of the convicted family or forced it to flee the area. Moreover, it was further disclosed that people had a strong wish for getting formal education with conspicuous emphasis on female education. It was further disclosed that most of the people had negative attitude towards female education to be against their honor. Religion had no any propelling effects for Swara practice, but cultural embedment had made it indispensable for locals. Likewise, Jirga as an institution had a strong owness and support amongst the locals. People considered Jirga a strong and effective tool of reconciling for various kinds of disputes, had a high level of satisfaction from Jirga decisions due to its shorter period dynamics in disposing of justice and bringing congeniality to the local social system. Legislative failure to deliver, cultural endorsement, economic importance, community based support, illiteracy and poor religious fallacies with rigid tribal structure were some other propelling factors of Swara

152 practices in the study area. In addition, literacy, income and family type were other variables predicting the behavioral outcomes over Swara practice. Both literate and illiterate had acceded to the Swara practice with illiterate had a cultural faith to it. Both literate and illiterate declared it an economic issue, with strong support from community based on religious fallacy amongst the illiterate with strong tribal structural components. Moreover, both nuclear and joint family had a clear inclination with a visible support from the joint family. However, its economic importance and community support was found more in the nuclear family setup. However, upon the level of association with tribal structure both nuclear and joint had a strong endorsement to it. Notwithstanding, low and medium income group were found more inclining to such practices, however, culturally all the three categories supported Swara practice with declaring it as an economic phenomena. Furthermore, low and medium income groups were found highly supportive to women as compensation practices with some profound effects of religious fallacy in the low income group due to stringent tribal structural approach.

5.3 Recommendations

Following recommendations were made on the basis of present findings;

1. Swara practices (women as compensation) needs to be highlighted as unethical, non- religious and cultural taboo in light of human rights convention put forwarded by the United Nation. Moreover, the issue needs to be dealt under the enshrinement of constitution of Pakistan as well.

2. Interpretation in general is essential as it necessitates the ancestral practices over human exchange in return to dispute settlement as orthodox. Furthermore, enlightened moderation as enshrined in the new doctrines over gender equality may also add strength to such initiatives.

3. Compensation practices were found as essential ingredients of social life in the study area. However, feeling of shame for doing it could lead to the containment of this practice, provided it is properly propagated through media.

153 4. Poor segments of society were found more involved and inclined. These segments need to be focused; on with the provision of special package, including a continuous job, attainment of education with special focus on female education.

5. Council of elders (Jirga) is an important institution, playing its role in deciding over the disputes. However, disputes pertaining to resolving human life related issues should be declared beyond their jurisdiction. Violation to it needs to be dealt with iron hand.

6. Formal law courts had an essential role in bringing normalcy and stability to the system. All courts operating in the areas ought to be strengthened in its functioning. This structural and functional synergy could lead to the development of trust of locals in getting and seeking justice from formal courts.

7. Non-compliance to Swara practice of Jirga decision by the offender’s family needs to be encouraged by the formal institutions like police department and other related law enforcing agencies. This act of support could bring resilience amongst the local for opting to formal law instead of relying on local laws/institutions.

8. Definition of cultural practice of Swara could be declared a cultural taboo provided it is portrayed as non-reconciling to the international system of justice. Moreover, the religious and societal consequences for female, getting sacrificed through Swara practice on media could further augment the drives against it.

9. Special focus on curbing illiteracy and addressing to improve income through viable source of employment could improve the prevalent situation. This in return, could ensure the plight of depressed segment (women) moving in right direction to development.

10. Economic importance of women through paying in Swara could be altered provided emphasis is given on the attainment of female education. This process after maturity could display a woman as working unit with more stable status of earning in a respectful position like become a doctor, school teacher etc.

154 11. Religious misconception over women status as inferior needs to be revisited through a joint venture of religious, educational and legal institutions. Taking services from experts of these institutions could serve as harbinger in changing the lot of women in the study area.

12. High seats of leanings i-e universities should take special interests in letting endeavors to look into the phenomena of Swara practice through different dimensions. Involvement of foreign faculty from other nations could better understand the issue in letter and spirit with societal explanations. Moreover, it could also serves as getting closer to the diversity of mind and deeds.

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176 INTERVIEW SCHEDULE DISPUTE SETTLEMENT IN PAKHTUN CULTURE THROUGH WOMEN AS COMPENSATION

S.No_____ Date______Union council ______

SECTION 1. DEMOGRAPHIC CHARACTERISTICS OF RESPONDENT

1. Gender of the respondent______

2. Place of Residence______

3. Age(in years) ______

4. National identity (Pukhtune, Kohistanay, Gojar, any other)______

5. Family type

a) Joint b) nuclear c) Any other______

6. Family Size

a) 1-5 b) 6-10 c) 11-15 d) Above 15

7. Level of education of respondent ______

a) Primary b) Middle c) Matric d) illiterate

8. Monthly Income

a) below 10,000 b) 10001-20000 c) 20001-30000 d) Above 30000

9. Occupational status

a) Govt Employed b) Unemployed c) self employed

d) Farmer

Section II. Knowledge on Swara

10. Do you know Swara a) yes b) no

11. Is this custom exercised in your area a) yes b) no

177 12. Is it used for feud settlement a) yes b) no

13. Religion support the custom of Swara a) yes b) no

14. Pakhtoon culture is the main custodian of

Swara practice a) yes b) Sno

Section III.

15. Relation of the respondents with the Swara

a) Father b) Brother c) Any other

16. Swara is given in case of

a) Brother b) father c) Any other

17. Age of the Swara Girl during compensation

a) 1-10 b) 11-20 c) 21-30 d) Above 30

18. Type of dispute in which Swara was given______

a) Land dispute b) Blood enmity/ killing of someone

b) c) Elopement of a women d) Any other

19. Relation with Swara girl

a) Marital b) Ordinary female member c) concubine

20. Relation with the dispute family

a) Blood relation b) Affinal relation c) Ordinary female member

178 Section IV

Legislative Failure

S. No Statement Agree Disagree Uncertain

1 Formal law is implemented in your area

2 Disputes are resolved through formal law

3 Formal law is used for social control in your area

4 People registered their cases in formal court

5 People have easy access to formal courts

6 Formal courts dispose off your cases in a short time through formal courts

7 Are you satisfied with formal courts in decision making

8 Decision of formal law is based on justice

9 Formal law decision is based on gender discrimination

10 Formal law protects women from Swara marriage in dispute settlement

11 In formal court decision takes very long time

179 Cultural Endorsement

S.No Statement Agree Disagree Uncertain

1 You give Swara because it is a part of your cultural practices

2 You give Swara because your ancestors did such practices for dispute settlement

3 You give sawar because of your family norms

4 You give Swara because Swara practice is practiced in your area

6 You feel honors when you give Swara for dispute settlement

7 You give Swara because it exists in your area

8 You feel shame on giving Swara for dispute settlement

9 A sense of consolation is felt after Swara practice

180 Economic Importance

S.No Statement Agree Disagree Uncertain

1 Swara is demanded from you as compensation

2 Cash was demanded from you instead of Swara

3 You give Swara because you did not have money to avoid Swara

4 You give Swara because your monthly income was low

5 You give Swara because cash was not a substitute for Swara

6 You give sawra because land was not accepted as a kind against Swara

7 You give Swara because you had an unmarried female in your home

8 You give Swara because money was more important then women

9 Women exchanged was the only demand for dispute settlement

181 Community Based Support

S.No Statement Agree Disagree Uncertain

1 Community people give importance to Swara

2 You give Swara because community people adopt Swara practices

3 You give Swara because community people forced you to do so

4 You give Swara because you cant live in your community any more if refuse to give Swara

5 You give Swara because you would migrate from your community in case of non-compliance

6 You give Swara because of community people will boycott you for non-compliance

7 You give Swara because community people appreciate Swara

8 You give Swara because it is a best procedure in your community for dispute settlement

9 You give Swara as it is the decision of the Jirga

182 Illiteracy

S.No Statement Agree Disagree Uncertain

1 Are there any formal education facility exists in your area

2 You got any formal education degree

3 You are aware of the importance of formal education

4 Your community people like formal education system

5 You want formal education to be started in your area

6 You want your family to get formal education

7 You allow your female to get formal education

8 You want to get education but failed because of its unavailability

9 Are there any female schools in your area

10 You favorco-education

11 You feel shame on female education

12 You think female education is against your honors

13 You don’t allow female for education because of Parda

14 You allow female to get decision about her own life

183 Poor Religious Fallacy

S.No Statement Agree Disagree Uncertain

1 Do you follow religious code of conduct completely

2 You are aware of the basic religious education

3 Religious education is misinterpreted in your area

4 Do you think that religion does not allow female to be compensated

5 You were not aware about religion education of Swara

6 Do you know that religion allows female to get education

7 Do you know that religion allows female to decide over their own decision of life

8 You are aware of religion education of female equal rights

9 You treat your family members with religious teachings

10 You give equal rights to your family member enshrined in the religion of Islam

11 You make any discrimination in your family on gender basis

12 Religion is a strong measure of social control in your community

13 You give Swara as a religious act

184 Tribal structural Approach

S.No Statement Agree Disagree Uncertain

1 Do you think that strong Jirgasystem is essential in dispute settlement

2 You resolve any type of dispute through Jirgasystem

3 You think Jirgais an effective instrument for resolving any dispute

4 You follow theJirgarules

5 You are satisfied from the decision of Jirga

6 Jirga is an effective instrument for social control

7 Informal Jirgais more effective then formal judiciary system

8 Informal Jirgais more active then formal judiciary system

9 You have easy access to Jirga

10 Jirga resolves dispute in a shorter period of time

11 Jirga is economically better then formal judiciary

12 Jirga decision is final and long lasting

185 Section V

Compensation Practices (Swara)

S.No Statement Agree Disagree Uncertain

1 Every type of dispute is resolved through compensation practices

2 Disputes are resolved through Swara

3 Disputes are resolved through cash amount

4 Disputes are resolved through land as compensation

5 Disputes are resolved through use of force

6 Disputes are resolved through religious manifestations

7 Disputes are resolved through formal judiciary system

8 Disputes are resolved through informal Jirga system

9 Disputes are resolved through caste system

10 Disputes are resolved through class system

11 Disputes are resolved through political leaders

12 Disputes are resolved through paying animals as compensation

186