Community justice system in

Pakistan and its weaknesses

By
1. Shoaib Naqvi
2. Raja Zahid
3. Raja Farukh
4. Rashid Ahmed
5. Raja Talha
6. Manan Abassi
7. Nadeem ul Haq
Outline

● Introduction
● What is community justice?
● Weakness/challenges of
community justice system
● Weakness of community
justice system in Pakistan
● Recommendations
● Conclusion
 Introduction
● Community justice programs are collaborative processes that engage those
harmed by crime and deliver justice by addressing the unique needs of each
party affected by a crime thet give a voice to victims, communities, and
offenders, providing understanding and encouraging the healing process.
Community justice programs move away from a one-size-fits-all justice
system to one in whichc ommunities develop their own solutions to crime,
based on local needs.
● They create relationships that strengthen community. Great strides toward a
better justice system can be made when there is an understanding of crime,
when communities work together, and when the needs of those harmed are
met
● Community justice focuses explicitly on the location of justice activities at the

local level and concentrates on community outcomes

● Community justice is rooted in the actions that citizens, community

organizations, and the criminal justice system can take to control crime and social

disorder

● This ethic has begun to take hold in each of the three main components of

criminal justice: police, courts, and corrections.

What is community justice system?

● Community justice is known by different names,

including restorative justice, balanced and restorative
justice (BARJ), and restorative community justice. It is
an alternative way to look at the criminal justice system.
● Crime is viewed as an offense against the community,
which includes the victim and the offender, rather than
against the state. Community justice focuses on
repairing the harm to victims, communities, and
offenders that occurs when a crime is committed.
Weaknesses/Challenges of community justice system.
In many western countries community justice system is being followed but even after
inclusion of community into govt justice system complete satisfaction of community could
not be achieved due to following issues that pose significant challenges:-

A) From Due Process to Due Consideration•

● Judicial Process based on practices to protect accused's rights.
● But rights of victim and community are neglected
● In Community Justice System, rights are not procedural but substantive
● Adversarial ideal extends rights of due process whereas problem solving ideal
extends rights of due consideration.
● Community justs addresses series of question arise.
 ● In Community Justice victims and 1. Promoting confidence in offender's
community are not forced to proved sincerity
the guilt but to enter the offender in 2. victim's belief for a safe and meaning
plea of guilt. ful outcome and Equality before Law in
● • Agreed upon plan of victim, offender all cases.
and community in form of written
sentencing recommendation is
submitted to judge by community
panel.
B) At conviction stage two additional
challenges are faced
 ● Are the rights of alleged offenders
Limit of community control
being violated?
● When power is informal, how may
● In contrast to criminal justice system
actors be held accountable.
fairness of trial can not be maintained
● Example of Edgewood Park and
in community justice system which give
community reaction
rise to radical militias
● What should be community
relationship b/w community and
formal justice system?
● To what extent community effort
represent the entire community?
 Voluntarism and democratic representation

Crime control is a public good but we also want to reduce its costs (time effort & money)
Self interest overwhelms the public good
How can we get people involved in crime prevention activities when its not in their immediate
interest?
Disincentives to participation do not assure random sample of community
Davis & Lurigio (1996) regard crime prevention campaigns of 1980s & 1990s more successful
than ever before
Anti drug activities in disorganized communities more than organized one where community
 Voluntarism and democratic representation
● Cost effect is outweighed when potential benefits and efficiency of crime
prevention effort are sufficient.
● In organised communities such efforts are more successful due to strong
institutions and communication networks
● Community capacity is mostly dependant on social organization of community
where variables affect the stakes of individuals
● These stakes can affect the mobilization but few areas are difficult to mobilize may
also contribute towards community justice need
● In community policing evaluation programme, many individuals and interests are
under represented in crime prevention efforts
 Voluntarism and democratic representation

● This may be a result of fear of retaliation frim offenders when community and
police relationship is weak.
● It may result in low efficacy due to non defined roles of individuals in crime
prevention and past experiences of failure
● It may also result from intergroup and intra group tensions of homogeneous &
competitive in heterogeneous communities
● In collaboration of police and community agendas of community are often side
lined due to clear power imbalance and professional experties
● Various interests are excluded in democratic participation efforts due to informal
and biased leadership or advisory position selection processes
Voluntarism and democratic representation

● This is not only violation of democratic values but a failure to meet the need
of suffering groups by expecting exclusion of problematic persons, groups
or perspectives.
● Persistence of crime become prominent in such low resources communities
where community empowerment is under mined.
● With every established source of social control community capacity will
grow.
● when stronger community controls grow, they will support the official
agencies and will develop own agendas of improving community quality of
life
Funding new Practices
● Communities require resources needed to undertake innovative community
justice efforts
● Strategies for communities with limited institutional strength require
bootstrapping of resources.
● Sufficient money is spent on traditional justice to fund the community
justice operation and punishment where as far less money would be
required for including community in the system who by taking initiatives of
community justice system and utilizing few professionals will ensure safer
communities.
● A community justice initiative can be paid by diverting dollars from less
effective with more expenditures to more effective community oriented
initiatives
● Question arises that how that money can be diverted from traditional justice
efforts towards community justice efforts when vested interests speak at
every stage of justice system?
 Community justice thought experiment
● Much is needed to be done in heavily crime suffered communities who can not
afford to pay heavy cost to employ manpower
● Offenders in jails are also like stagnant labour
● Community organization can put offender to repair the victimized of their
crimes.
● Work is valuable in two ways:-

1. Amount wasted on shifting of offenders can be saved

2. Problems of those areas will also be addressed through locals (offenders)

● A professional group that identifies local problems of manpower and mobilize

the resources to address the problemd is required in communities
● Residential board of advisers will have an over sighted by local community justice
activity to work closely with criminal justice agencies to improve quality of life of
community
● Gradually, informal social control capacity of community will grow
● Offenders as community members wilk have more contribution in community
welfare, safety and quality of life as potential positive force in this model of justice
● This will require a fiscal realization of their contribution which will relate to both
community and victim and their fiscal interests
● This will create an incentive for all members of community to participate in the
process that recovers community and redirect investment in crime control towards
community development.
Weaknesses of community justice system in Pakistan

● The success of these community policing programs is mixed, as some members of these
citizen groups have abused their positions for personal gains and to promote their group
interests in divided communities.

● Some scholars suggest the programs have for the most part failed because they are under
police rather than community control, and the police continue to resent images characteristic
of colonial policing, which involve show of authority, practice of torture and brutality, and
evocation of fear,

● Such police qualities have created fear and suspicion on the part of the public, which led to
people distancing themselves from the police and from members of citizen police groups,
and not to genuinely cooperating with them.
Weaknesses of community justice system in Pakistan

● The authoritarian police mode is not a proper fit for the democratic environment of the
times.

● In recent times panchayat elders in many villages are unable to exercise these order
maintenance and social control functions, as traditional Panchayats have weakened or
disappeared altogether due to the impact of with the expansion of the official police and
court systems

● Some villages Pakistan have used traditions to preserve their Panchayat, in spite of
challenges posed by modernization. The Paksitan government has also instituted a modern
version of the panchayat under its Nyaya (Justice) Panchayat, to strengthen local self-
governance and control, based on democratic and inclusive representation.
• As with experiments in community policing, these do not function well, as their decisions are
often forged in favor of upper caste and class interests, and many have become defunct
 Recommendation:

proper budget needed

Salam legesation needed
proper selection method and dpartment hararicy needed
THE ACT OF BALANCING INTERESTS

Offenders + victims
Community
State
Conclusion
● SBBWCs provide crucial and invaluable services to women victims of
gender based violence.These institutions need support form governments,
women rights group, civil society and NGO’s.Many of these centers are now
facing immediate closure.Government is intent on acting as its own worst
enemy
● Centers have dues owned by government prior to the ministry of Women’s
development.Refill of Punjab government to own SBBWCs led to
discontinuity of few social services
● These services identify the victim, her needs, counsel her, document the
nature of the case, and refer her to appropriate authorities.