Amidst the loud rumors of peace talks between Afghan government and Taliban, the rule of law is equally demanded. It’s generally observed that the magnitude of violence is practically soared with the rise in hype about peace talks. Every time a tragic incident occurs the fatless civilians have to pay the price by serving to be a sacrificial cow. The consecutive attacks on foreign diplomats, ordinary masses and public installation depict either state’s unwillingness to restrict the insurgent away from commercial and residential areas or it has surrendered to militants operating at will. The later stance seems more credible seeing the government tempted to begin talks with Taliban, for past many years. However, the entire society is overwhelmed by endless bloodletting, rendering them believe violence avenge aggression.

Conversely, the government owing a weak and influentially plagued net of jurisprudence, the militants and insurgents are developing a new reputation: not just as agents of terrorism but as drug lords and agents of criminal activities including kidnapping, people trafficking and smuggling. Accepting most if not all propositions put forth by Taliban to further peace talks, may accredit the perception; power is the appropriate course to win through a politico-economical objective. The law seems to be impaired finding minimal application against such power abusers. The unfaltering state of affairs breaches the trust over the rule of law, consequently the rule of nuisance prevail over the rule of law.  

Finding power a functional factor behind every cause, fade ones descending hope on government and its manipulated judicial system. Formerly, an Afghan woman has killed at least 25 Taliban militants to avenge the murder of her son who was a police officer in western Farah province. Farah is one of the volatile provinces in western Afghanistan where anti-government armed militants are actively operating in its various districts and frequently carry out militant activities. According to reports, Reza Gul was forced to pick up arms after her son was shot dead by Taliban militants in front of her eyes. Her son was leading a convoy of police forces in a check post in the area. She sought support of her daughter and daughter-in-law during the gun battle which lasted for almost 7 hours that left at least 25 Taliban militants dead and five others injured.

This depicts the height of lawlessness and notorious state of disparaged masses that are left with the sole option of picking arms to avenge the murderer of their beloved ones whilst defying trust on the guardian of law. On contrary the spokesman for the Ministry of Interior (MoI) proudly claims the armed campaign by women against the Taliban militants is a symbol of a major revolution and public uprising against the group. We should learn, larger the prevalent anarchy greater will be the lawlessness, leading into state of statelessness, coercing an individual to opt an illegal course.

Law must be implemented indiscriminately to ensure order in a state. There is a documented existence of law and with negligible application or it finds prejudicial application. Seeing the worsened state of affairs sometimes one reaches to conclusion that “might is right and haplessness is curse”. In our beloved country, seemingly, the militants and anti-state elements have grown to an extent that easily evades the loosely held net of law and order and turn triumphant. Undeniably, Afghanistan cannot develop without law and order; the justice sector has to play an eminent role.

Undoubtedly, the Afghan justice sector is dysfunctional and eroded, and considerable effort is needed to strengthen the technical aspects of rebuilding the security and justice sectors. In Afghanistan today, there are several parallel, and often inherently conflicting, perceptions of governance and rule of law. The governance and the religious laws imposed by the Taliban were extremely brutal and discriminatory, but they were many governance structure forcibly imposed by a centralized government in Kabul, or in Kandahar in the case of the Taliban, whose power and legitimacy remained contested.

After years of conflict and several changes of governments, multiple government-centered and customary and community-based systems of governance and law continue to exist in parallel in Afghanistan. The last twelve years of internationally-supported state-building have added to the complexities of rule of law and governance in Afghanistan.

Justice system needs complete overhaul. The justice sector is worst manipulated by variant factors. The provision of competent judges and attorney is the dire need of this sector. It is said that about 2,500 attorneys across the country have studied till the twelfth grade and have not studied law. Earlier roughly 300 attorneys were called to the Presidential Palace to be tested on their knowledge of the law on President Ashraf Ghani's decree, which has been determined as a way for the president to bring reforms in the judicial institutions. This is certainly, great step to install vital reforms to this very division, was turned down by the attorneys. The attorneys protesting before the Presidential Palace refused to appear for the tests, saying it was disrespectful to them as they claimed to have practical experience for 20 to 40 years in the country's courts.

The move indeed is appreciable provided nepotism and favoritism are not ruled out whilst exercising great deal of transparency in brining competent and talented individual to this functionally vital department. Meanwhile, the legal experts also opposed this practice of government, suggesting fair methods for bringing qualified and eligible persons into the government departments. Nevertheless, the government must find better alternative/positions for those serving the department for long.

Apprehending of militants followed by subjecting them to a fair trial is a crucial for maintenance of law and order. Long lasting peace can only be installed in Afghanistan provided the anti-state elements are brought to book through fair trial, holding the right culprit accountable for his deeds. In doing so the government should too consider the wages and authority of public officials serving this department, so that they shouldn’t be misled by any attractive offers. One of the central of element of good governance is proper regulation of law and order. Regulation makes it possible for men to live together peaceably in a community given the law rule than nuisance.