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Dispute Resolution Councils

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Dispute Resolution Councils, Khyber Pakhtunkhwa
AbbreviationDRCs
FormationPolice Act, 2017 (KP) – Section 73
FounderKhyber Pakhtunkhwa Police
TypeAlternative Dispute Resolution body / Community justice institution
Legal statusActive
HeadquartersPeshawar, Khyber Pakhtunkhwa, Pakistan
Region served
Khyber Pakhtunkhwa, Pakistan
Key people
Registrar (elected), Police Coordinator attached to each council
Main organ
Panels of 3 members each (seven panels per council)

The Dispute Resolution Councils (DRCs) are community-based alternative dispute resolution institutions established in the Khyber Pakhtunkhwa (KP) province of Pakistan. They aim to resolve minor disputes amicably at the local level, reduce the burden on courts and police stations, and provide prompt and accessible justice to the public.[1][2][3][4]

History

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The first DRC in KP was launched as a pilot project in Gulbahar Police Station in Peshawar in 2014.[1][5] From Peshawar, the model was expanded to other districts of Khyber Pakhtunkhwa, with DRCs established at the police station level in several districts and eventually across the province.[6][2][5][7] Over time, there has been an increasing focus on ensuring inclusion (e.g., women’s participation) and integrating traditional principles of dispute resolution (e.g., jirga) with formal legal norms.[8][9][10]

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DRCs are provided for under Section 73 of the Police Act 2017 (Khyber Pakhtunkhwa Police Act), which empowers the provincial police officer to constitute Dispute Resolution Councils at the police stations, sub-divisions, or district levels for “amicably settling out-of-court cases of minor nature”.[4]

The initial pilot of DRCs began under earlier police orders, with further amendments providing them with legal protection after judicial scrutiny. Notably, after the Peshawar High Court stayed the DRCs for lack of legal validity, the KP Assembly amended the relevant laws in 2014 to provide a legal basis, allowing the councils to resume functioning.[11][1][5]

Structure and composition

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  • Each council is usually composed of about 21 or 22 members, drawn from respected non-political and non-controversial members of the community: intellectuals, retired civil and armed forces officers, academics, businessmen, lawyers, etc.[5][1][3]
  • These members are organized into panels (usually seven panels of three members each). The panels take cases, find facts, mediate, and attempt to reach amicable resolutions.[5][3][2]
  • A registrar is elected from among the members in each council, who assigns cases to the panel, coordinates, and ensures proper functioning.[5][3]
  • Each council is also accompanied by a police coordinator (an officer from the police department), who is responsible for process-oriented tasks such as serving summons, ensuring attendance, providing legal guidance (where necessary), and ensuring compliance with laws.[5][1][3]

Jurisdiction and function

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DRCs resolve minor disputes, often non-violent disputes between community members. The goal is an amicable and speedy resolution that avoids escalation and reduces the formal backlog of justice.[1][6][3]

Functions include amicable settlements between parties, fact-finding inquiries, and acting to some extent like a jury or advisory body.[1]

Cases not resolved by DRCs may be referred to formal courts or other legal forums.[6]

Impact

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In one year, in KP, DRCs received 10,386 cases. About 7,179 were resolved amicably, 1,465 were forwarded, and the others were pending.[2] In another report, during a six-month period, about 5,753 cases were resolved, of which 5,404 were settled. Some were referred.[11] Benefits noted include: increased access to justice (especially in remote areas), reduced burden on courts and police, fostered community trust, and encouraged non-violent dispute resolution.[6][12][7]

References

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  1. ^ a b c d e f g "KP police set up first dispute resolution council". 17 January 2014.
  2. ^ a b c d "KP DRCS settle 7,179 disputes in one year". 18 September 2017.
  3. ^ a b c d e f "KP Police introduce Dispute Resolution Councils in province". 16 January 2017.
  4. ^ a b "Three different laws in vogue for alternate dispute resolution". 24 May 2021.
  5. ^ a b c d e f g "KP police launch Dispute Resolution Council". 17 January 2014.
  6. ^ a b c d "DRCS resolve 5,381 cases in KP". 24 November 2018.
  7. ^ a b "Dispute resolution council opens in remote Khyber". 26 February 2024.
  8. ^ "Formation of first DRC in Landi Kotal lauded". 14 December 2023.
  9. ^ "DRC sets up traditional dispute resolution in Khyber". 8 December 2023.
  10. ^ Sumi4321, Sumara1234; Islam, Dr Fakhr Ul (21 December 2020). "Role of Jirga and Dispute Resolution Councils in Khyber Pakhtunkhwa: A Comparative Analysis". The Dialogue. 15 (4).{{cite journal}}: CS1 maint: numeric names: authors list (link)
  11. ^ a b "KP's Dispute Resolution Councils settled nearly 6,000 cases over the last six months". 31 March 2016.
  12. ^ "'Dispute resolution councils ensure equitable access to justice'". 3 January 2025.

Bibliography

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  1. ^ https://pukhtunkhwajournal.org/journals/2022/July-December/147-157.pdf
  2. ^ https://ojs.jdss.org.pk/journal/article/download/349/252/435
  3. ^ https://journals.qurtuba.edu.pk/ojs/index.php/thedialogue/article/download/825/347/5253
  4. ^ https://journalppw.com/index.php/jpsp/article/download/15029/9728/18327
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