The alternate dispute resolution scheme has always been controversial yet the caretaker setup of Punjab has decided to undertake this challenge to meddle with a sensitive area such as this especially when this is one area which requires the actual parliament in place to debate it out rather than the caretaker setup. Caretaker setups are put in place to ensure the smooth planning and execution of the general elections however this scheme is not involved in the planning of the elections and is certainly not an issue the caretaker setup should take up at this point.

The reason why elected parliaments have not been able to address this issue is that of several views and because of the understanding that while our alternate dispute resolution systems - primarily panchayats and jirgas - may provide speedy verdicts but they have been known to give verdicts which are not only entrenched in orthodoxy but also give out extremely misogynistic verdicts which put women at the losing end of the spectrum. These are aspects which need to be taken into consideration before such schemes can be adopted.

At the same time, the elected parliament is representative of the people of the country. They are in a better position to assess the kind of changes the people of the country want. A scheme which closely affects the people of the country, because they will also then have to undergo the due process to actually get to the official system of justice, needs to have elected members of the parliament debating it out to understand the concerns of the people and the reasons why it has not been approved since the 1970s.

This is a very crucial time for the polity because the system is in a phase of transition and that should be the focus of the caretaker setup at this point because the accusations of engineering cannot be taken lightly. There are already reports of the caretaker setup struggling to manage the current political scenario and that is a reflection of the lack of experience to run a polity. In such circumstances, the caretaker setup needs to understand its own limitations and work towards the goal for which it was put in place. It would be difficult to justify the extra-judicial steps that the caretaker setup is taking, despite wanting to take the steps for the betterment of the polity.