Critical Review on Past Literature of Dispute Settlement Women as Compensation in World Community

摘要

Critical review was arranged to study the past literature about dispute settlement women as compensation in dispute settlement in world community. Total 89 past studies were downloaded from the net and reviewed 20 times and critically analyzed the stated phenomena. The Critical review indicates that the social dynamics of relationship play an instrumental role in addressing the social issues in a society. Judicial systems under the partridge 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 in regard 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 attempt to discover all the hidden facts either cultural, traditional, structural, religious, with economic deprivation and prevalent illiteracy for the purpose of coming up workable methodologies to mitigate the distress in agonies of women folk in the study area. The review also shows that this traditional mechanism is present in Pakistan and Afghanistan where women are used as compensation. Subsequently the study further explained that poverty, illiteracy, culture, education, income are the factors which have significant association between women used as compensation in the developing countries of the world. The study finally recommended that equal right are given to women in society; Women education should be compulsory in the developing world; Proper right should be provided to women according to Islam. Alternative way should be used in dispute settlement as compensation instead of women. Human Rights should have given power in the world for implementation of the law. Proper law should be developed for problem solution; and judicial mechanism should be developed particular in developing countries.