Swara is Persian word stands for rider in the English. It is originated from the Persian language because centuries ago there was a feud between two feuding families. The aggressor
family wanted to end the blood shed in future, for this purpose they send their young
girl on the horse back towards the affected family to end the feud. The affected family feels the shame and returned the girl to her own home with gifts.
The customary act of Swara is largely prevalent in various parts of the country, by the virtue of which, instead of giving blood money as “badl-e-sulha” an accused family gives their girl or girls in marriage to an aggrieved family as “compensation” to settle blood feud between them.
Generally, girls are given Swara marriage as compensation for murder, adultery, abduction and kidnapping committed by the men of the family. Women are compelled to sacrifice their father, brother or uncle for the crime they have committed. Jirga (public assembly and informal source of laws) decides the fate of women and the pronouncement of Swara without the consent of the women concerned. These Jirgas constitute only the
male members of the village or community.
In such a male-dominated society, the kind of life a
female is passing is really deplorable. She is totally at the stake of a male despite of the fact that she gives birth to him?. In such a society, thinking about the basic Human Rights of a woman become necessary where breaking the writ of law is easy but bypassing traditional norms and values is a difficult job.
The
custom of the Swara was started for the good purpose of the human beings but they return the girl in form of Swara however, today the same custom of Swara has been changed due to the changing circumstances and social change in the world and now no body return the Swara girl to her own home and accept the ending of the feuds in the future. There are three main types of the Swara and the most common is the one sided Swara in which a girl is take from the aggressor family and end the blood shed in the future. The most common cause of the custom is blood feuds in
tribal area. There are two other minor causes of the custom such as the elopement of the male and female from the tribal area in which they give a Swara girl to the female family during the process of conflict resolution. Swara is agsint the human rights conventions and decelerations because Swara comes under the category of slavery there fore, Universal Declaration of Human Rights, Convention for the Elimination of all forms of Discrimination against Women and Child Rights Convention strongly condemn the evil custom of Swara in its various articles.
This practice of handing over a female in reconciliation to a male of an enemy’s family is exercised in different circumstances. The most popular circumstance where a young girl is given as a compensation is that of homicidal dispute consisting of a murder committed either by her brother, father or even uncle. In order to settle down the rivalries and disputes and bring peace between the rival families, the jirga (a council or jury of the tribal elders) is often approached. It strives for reaching a reconciliation and compensation that may end in the form of a monetary payment or the handing over of a female of the guilty
party to the aggrieved and affected party.
As in most parts of the NWFP and the tribal areas the jirga system is still in vogue for the settlement of disputes, including conflicting claims to land and water, intra-tribal or inter-tribal murders, inheritance and alleged breaches of the ‘honour’ code. This jirga mostly consists of the revered, noble and influential personalities of the area or tribe that after listening to the arguments and comments of both the parties involved in the dispute passes its judgement. The jirga usually consists of the male members of both the accused and the deceased parties. Both the parties have to accept the judgement passed by the jirga,otherwise the party not abiding by the decision is held liable. In order to settle the dispute and to make a truce, the jirga may fix some cash money, a piece of land, animals, guns and one or two or more maidens to be given by the accused party to the aggrieved party.
The use of women as part of a compensation is thought to be an effective way of putting a permanent end to enmity as the link of marriage brings the families together and the offspring of such wedlock keeps the two families away from further fighting. If the swara is adult or mature, she is handed over to the rival party, but in case she has not attained maturity, she is kept in trust at her parent’s home. It is totally at the discretion of the aggrieved party that decides whether to perform the nikah then or later at its own will to further disgrace her family. On such occasions, even the concerned female is not consulted as to whether she consents to be handed over or not.
More summaries about the Swara as a tribal custom of Pukhutns