Taliban Are NOT the Core Issue. Effective Policing and Access to Justice Is.

Posted on May 6, 2009
Filed Under >Kathay Kalame, Law & Justice
315 Comments
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Kathay Kalame

I am trying to work out which one is the greater challenge.

That there are Taliban in Swat or that the police and judiciary fall short of minimum standards.

To say that a militia of a few thousand fighters at best, is likely to run over a 600,000 strong Pakistan Army stretches creduility. Even the mighty Rustum feared taking on such odds in his own legends. That Taliban can run over Pakistan is similar to chicken little’s hue and cry about the sky losing altitude. However, absence of consequences for criminals CAN plunge the country into lawlessness.

In fact it already has and that is the clear and present danger.

Defense from external threats has always been on top of national agenda without exceptions. However, it appears that defense from internal threats, or law and order has been relegated to use in slang.

The per capita expenditure on law enforcement in District Rawalpindi, one of most well policed district, is Rs350 per person per year, with one police person for every 800 people. I don’t believe a scholarly effort is required to prove that this department of the state is badly dysfunctional.

The Lahore high court has 36 judges that adjudicate the disputes of about 90 million people. That is less than one Judge per 2.5 million people. No wonder LHC and its lower courts have 1.3 million cases pending as of April 2009

Peshawar High court has 13 judges that mind the disputes of 21 million people. That is one judge for every 1.6 million people. PHC and lower courts had 200,000 pending cases as of 1 April 2009

We need to fight the battle in NWFP. However, fighting a battle without a strategy for winning the war is another fanciful enterprise. That containing the Taliban will somehow cause the people of Pakistan to be more satisfied with their grievious lot is silly. To expect that if someone’s daughter is raped and there is no justice in court, they will sit tight and not pick up a gun or an axe and go for walk, is rather optimistic.

One in ten registered FIRs make it to court. That coupled with 1.6 million pending cases in the court system of Pakistan, says we are sitting on dynamite, getting dryer by the day, and starting to crackle.

Taliban is not the core issue. The core issue is effective policing and dispensation of justice.

It is not a tall order to appoint another 1,000 judges countrywide. Such a measure may re-motivate people to respect the law. That is a priceless dividend for a cost which is slender in comparison. Yet, the police is far from effective and the judiciary remains crippled.

Such neglect may be deliberate on the part of the government, but it seems there is a lot more that certain organized segments of the society, particularly the media, and civil society can do to motivate the government to focus on this issue. If a thousand militants, in an ex-tourist resort, armed with guns, can literally grip the attention of the world, what can a million organized voices armed with pens do.

315 responses to “Taliban Are NOT the Core Issue. Effective Policing and Access to Justice Is.”

  1. Khurram Farooqui says:

    I don’t know if Taliban are the core issue or not, but I agree that they are not the only serious issue we face as a society, and we need to attack all our major issues. They fall in four broad categories (in my opinion):

    1) The Taliban (or, failure of the government to enforce the rule of law in all parts of the country). This requires a serious effort on many fronts. First, we need to commit more forces to the effort, even if it means moving them from our Eastern border. Second, we need to make sure we take care of the refugees and the civilians caught in the conflict: open schools in the refugee camps, provide food and shelter, etc. Third, we need to fight the bogus ideology that the Taliban spew out with a moderate, religious message of our own.

    2) We need to get serious about providing basic services to our people: Education, an impartial and speedy judicial system, and improvements in our infrastructure (power plants, utilities, etc.)

    3) We need to mend ourselves. How many of us actually took a driving test when we got our license? How many of us employ houshold help but don’t care if our servants’ kids get an education? How many of us pay taxes on our actual income? How many of us break laws with impunity because we know we have a father or an uncle or a friend who can get us out of trouble if we need it? Why do we blame our leaders when they are corrupt? They are not any more corrupt than us. They merely have more opportunity.

    4) Finally, we need to decide if we want to be a nation ruled by a fuedal system, or if we want a democracy where people are elected based on ability and merit. If we are serious about fixing our country then we need land reform and tax on agricultural income.

  2. Rahimullah says:

    I think you are right. The way to start countering the taliban – in addition to military – is to counter their argument and take away teh reasons why people are feeling so helpless. Law and order is a main part of that.

  3. Ali says:

    I think you forgot to mention the fact that the police is perhaps them most corrupt department in the entire country!

  4. aTii says:

    Even a fool has a right to his opinion. Fool is not the writer here but some of the commentators. The author has said nothing but a right thing. These two problems are not that disconnected, but does show only one aspect of a bigger bizzare picture of what we know as Pakistan.

    I don’t life in Paksitan anymore. I do care for paksitanis and my beloved country from all my heart. I did live in one of the middle class neighborhood in Lahore and learned first hand various aspects of every day life of an average paksitani citizen. And let me say that “Its horrific and its terrible”. And where do I start from? its bad in every manner.
    Lets start from how the day begins.
    “No electricity” Uncertainity
    “Water” Uncertainity
    “Medical help” uncertainity
    “Justice” rarely
    “Safety & security ” Not at all
    “Traffic” Lawless and horrible
    “Bribery & Fraud” unlimited

    In all honesty, there is hardly any truly functional, make you proud kind of, unit in every day life. There is no accountability, no justice, no pride, no law, no manners and no hope. That is truly every day life of an every day man. In the evening, more and more people smoke, after inhaling tons of smoke from wagons and trucks, rikshaws and cars.
    And an average man wants to do nothing but get out of the country. Millions of applications for lottery visa is just an indication of desparation. They don’t feel strong enough to change anything, they can barely survive every day, how can you even think about fighting and bringing a change.

    Talibans are a threat, but to threat to what? already crippling dying society. We may roar emptily and run around for some more time, but we will only be delaying the inevitable.

    I strongly feel, that all of us, everybody should openly accept, egos aside that Pakistan needs major reforms in all areas. From the constitution to judiciary to police to scholars, reglious beliefs. How … I don’t know, but it will not start until we recognize and be honest with ourselves. 160 million awam can bring on any change, throw over any throne. That is where the hope is.

  5. Adnan Ahmad says:

    From what I see Sufi Mohammad is controlled by Baitullah Mahsood who in turn is controlled by Mullah Umar. Swat Valley operation must effectively achieve its objectives and therafter Waziristan must be cleansed, even flattened, if need be. There should be a think tank helping this pathetic government to device a strategy to move Pakistan away from this bigotery. Turkey at this point may be a distant dream but a few sweeping changes can turn Pakistan into a different country, something what Jinnah and his companions had dreamed about. I am glad India concluded its excercises near Pakistani border soon enough. I don’t blame them for the timing. At least 1/10th of Pakistani heavy artillary [looking at the disclosed inventories] would be needed for above operations and it would be ideal if there is no pressure from the Eastern Border.

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