Marwat Khan Lodhi
BANNED
- Joined
- Jun 23, 2010
- Messages
- 5,341
- Reaction score
- -29
- Country
- Location
When the sun could not dare to set upon the British Empire and the golden bird (the Indian subcontinent was given this name by the Western countries, especially the imperialistic powers and each of them was trying to bring it under its influence, due to its financial and strategic importance) was in the cadge of British imperialism and colonialism, the tribesmen of the western India challenged the matchless power of British India and gave them a tough resistance and blocked its way to get an easy access to the resourceful region of Central Asia.
At this time British India was at loggerheads with the Tsarist Russia and this competition between these two powers of the time was given the name of Great Game and Afghanistan was the battlefield of this game. The tribal belt was very much important as it was a gate way to Afghanistan and central Asia. That is why British India left no stone unturned to bring this remote area under the blanket of imperialism. The British Empire utilized all coercive means to subdue these mountainous people but in vain. When failed to tame the people of the tribal belt by force, British India devised a new, unique and unprecedented political and administrative strategy with the name of Frontier Crimes Regulation. Since any activity on the part of tribesmen was deemed as a crime so this code of conduct was given the name of Frontier Crimes Regulation.
This notorious black law has been imposed on the tribesmen without their consent and will. The British India intended to permanently solve the problem of the tribes uprising for which this inhuman code of conduct was devised which has been deciding the fat of these people till now.
When in 1948 British India occupied six Pakhtun inhabited districts, it formulated this code of conduct. This regulation was re-enacted in1873 and again in 1876, with minor modifications. This regulation has been amended many a time and it took its present form primarily through the Frontier Crimes Regulation of 1901. In 1947, the then Dominion of Pakistan added the clause that residents can be arrested without specifying the crime.
The Frontier Crimes Regulation (FCR) comprises a set of laws of Pakistan but in a nutshell it states that three basic rights are not applicable to the residents of FATA - appeal, wakeel and daleel (respectively, the Right to Appeal detention, the Right to Legal Representation and the Right to present reasoned evidence. The most inhuman and unconstitutional law or part of this regulation is clause of Collective Responsibility or Collective Punishment which means that any person can be punished on behalf of a criminal belonging to that tribe or sub tribe. It permits punishment to be meted out by unelected tribal jirgas and denies the accused the right to trial by judiciary. Tribal chiefs can also be held responsible for handing over suspects charged by the federal government without specifying an offence. Failure to comply can make the tribal chiefs liable for punishment The regulation denies those convicted of an offence by a tribal jirga the right to appeal their conviction in any court. It gives the federal government the right to seize private property in FATA and to convict an individual without due process. It lets the government restrict the entry of a FATA tribe member into a settled district in the rest of Pakistan. The discriminatory provisions of the regulation, both substantive as well as procedural - e.g. selection of jirga members (section 2), trial procedure in civil/criminal matters (sections 8 & 11), demolition of and restriction of construction of hamlet, village or tower in the North West Frontier Province (Khyber Pakhtunkhwa), (section 31), method of arrest/detention (section 38 & 39) security for good behaviour (sections 40, 42), imposition/collection of fine (sections 22-27), etc are in violation of the Constitution of Pakistan. The FCR denies tribal residents: the right to be dealt with in accordance with the law; the security of person; safeguards to arrest and detention; protection against double jeopardy or self-incrimination; the inviolability of the dignity of man; prohibition of torture for extracting evidence; protection of property rights; and the equality of citizens.
Other articles of the Constitution of Pakistan, such as Article 247, ensure that FATA residents cannot overturn the FCR.
According to the FCR despite the presence of elected tribal representatives, the Parliament of Pakistan can play no role in the affairs of FATA.
Article 247 of the Pakistan Constitution provides that no Act of Parliament applies to FATA, unless the President of Pakistan consents. Only the President is authorised to amend laws and promulgate ordinances for the tribal areas.
The elected representatives thus have no say in administration of FATA. It also repeals the jurisdiction of Pakistan's courts over FATA. By inference, this also limits the application of fundamental rights to FATA.
Article 247 and the Federal Crimes Regulation have been condemned by several jurists. Late Chief Justice of the Supreme Court, Justice Alvin Robert Cornelius, said that the FCR is "obnoxious to all recognised modern principles governing the dispensation of justice".
After taking a unanimous vote of confidence on 29th March 2008, then Prime Minister of Pakistan Yusuf Raza Gilani, expressed his government's desire to repeal the FCR. However, no progress has been made on overturning the regulation.
Human Rights activists and the superior judiciary have argued that the regulation violates basic human rights.
The irony is that the FCR had specifically been devised to counter the opposition of Pakhtuns to British rule, and their main objective was to protect the interests of the British Raj. Over a century later, the laws continue to be applied to FATA residents by the Government of Pakistan.
Legally speaking, all citizens have equal rights and equal duties as per the constitutions of the modern democratic welfare states. The rule of law is the most important and prominent characteristic of democracy. It means that all the citizens are equal before the law of a country.
The French Constitution even does not give any special status or importance to the president of the country. He is treated as a common citizen of the country regardless of his superior status or position.
Pakistan was demanded and established on the basis of Islamic ideology. Islam as the complete code of life treats all its followers equally. The last address of the Holy Prophet (PBUH) is considered as the Magna Charta of the modern constitution in which he made it crystal clear that there is no difference among the Muslims on the basis of language, cast, colour etc. The founder of Pakistan too opined in his maiden address to the first constituent assembly of the country that we are the citizens and equal citizens of one state. On another occasion, Jinnah highly applauded the role played by the tribesmen in the independent movement of Pakistan and their sacrifices in the 1948 Indo-Pakistan war.
It has been realised that one of the basic and main factors which can be held responsible for the prevailing deteriorating situation throughout the tribal belt is the existence of this cruel, immoral, irrational black law. Pakistan has joined hands with the United States of America in its so-called war on terror. The military operation started from Kurram to Gomal has created unspeakable problems for the tribesmen. Many people have been displaced who are facing many problems. The present democratic government under President Asif Ali Zardari which has got reputation due to its unprecedented toleration ought to review Pakistan policy towards FATA. All the stake holders should realise the fact that the use of force is not the solution of the problem. FCR must be discarded and thrown into the Indus River and the patriotic tribesmen should be treated as citizens of Pakistan.
Frontier Crimes Regulation, a black law
At this time British India was at loggerheads with the Tsarist Russia and this competition between these two powers of the time was given the name of Great Game and Afghanistan was the battlefield of this game. The tribal belt was very much important as it was a gate way to Afghanistan and central Asia. That is why British India left no stone unturned to bring this remote area under the blanket of imperialism. The British Empire utilized all coercive means to subdue these mountainous people but in vain. When failed to tame the people of the tribal belt by force, British India devised a new, unique and unprecedented political and administrative strategy with the name of Frontier Crimes Regulation. Since any activity on the part of tribesmen was deemed as a crime so this code of conduct was given the name of Frontier Crimes Regulation.
This notorious black law has been imposed on the tribesmen without their consent and will. The British India intended to permanently solve the problem of the tribes uprising for which this inhuman code of conduct was devised which has been deciding the fat of these people till now.
When in 1948 British India occupied six Pakhtun inhabited districts, it formulated this code of conduct. This regulation was re-enacted in1873 and again in 1876, with minor modifications. This regulation has been amended many a time and it took its present form primarily through the Frontier Crimes Regulation of 1901. In 1947, the then Dominion of Pakistan added the clause that residents can be arrested without specifying the crime.
The Frontier Crimes Regulation (FCR) comprises a set of laws of Pakistan but in a nutshell it states that three basic rights are not applicable to the residents of FATA - appeal, wakeel and daleel (respectively, the Right to Appeal detention, the Right to Legal Representation and the Right to present reasoned evidence. The most inhuman and unconstitutional law or part of this regulation is clause of Collective Responsibility or Collective Punishment which means that any person can be punished on behalf of a criminal belonging to that tribe or sub tribe. It permits punishment to be meted out by unelected tribal jirgas and denies the accused the right to trial by judiciary. Tribal chiefs can also be held responsible for handing over suspects charged by the federal government without specifying an offence. Failure to comply can make the tribal chiefs liable for punishment The regulation denies those convicted of an offence by a tribal jirga the right to appeal their conviction in any court. It gives the federal government the right to seize private property in FATA and to convict an individual without due process. It lets the government restrict the entry of a FATA tribe member into a settled district in the rest of Pakistan. The discriminatory provisions of the regulation, both substantive as well as procedural - e.g. selection of jirga members (section 2), trial procedure in civil/criminal matters (sections 8 & 11), demolition of and restriction of construction of hamlet, village or tower in the North West Frontier Province (Khyber Pakhtunkhwa), (section 31), method of arrest/detention (section 38 & 39) security for good behaviour (sections 40, 42), imposition/collection of fine (sections 22-27), etc are in violation of the Constitution of Pakistan. The FCR denies tribal residents: the right to be dealt with in accordance with the law; the security of person; safeguards to arrest and detention; protection against double jeopardy or self-incrimination; the inviolability of the dignity of man; prohibition of torture for extracting evidence; protection of property rights; and the equality of citizens.
Other articles of the Constitution of Pakistan, such as Article 247, ensure that FATA residents cannot overturn the FCR.
According to the FCR despite the presence of elected tribal representatives, the Parliament of Pakistan can play no role in the affairs of FATA.
Article 247 of the Pakistan Constitution provides that no Act of Parliament applies to FATA, unless the President of Pakistan consents. Only the President is authorised to amend laws and promulgate ordinances for the tribal areas.
The elected representatives thus have no say in administration of FATA. It also repeals the jurisdiction of Pakistan's courts over FATA. By inference, this also limits the application of fundamental rights to FATA.
Article 247 and the Federal Crimes Regulation have been condemned by several jurists. Late Chief Justice of the Supreme Court, Justice Alvin Robert Cornelius, said that the FCR is "obnoxious to all recognised modern principles governing the dispensation of justice".
After taking a unanimous vote of confidence on 29th March 2008, then Prime Minister of Pakistan Yusuf Raza Gilani, expressed his government's desire to repeal the FCR. However, no progress has been made on overturning the regulation.
Human Rights activists and the superior judiciary have argued that the regulation violates basic human rights.
The irony is that the FCR had specifically been devised to counter the opposition of Pakhtuns to British rule, and their main objective was to protect the interests of the British Raj. Over a century later, the laws continue to be applied to FATA residents by the Government of Pakistan.
Legally speaking, all citizens have equal rights and equal duties as per the constitutions of the modern democratic welfare states. The rule of law is the most important and prominent characteristic of democracy. It means that all the citizens are equal before the law of a country.
The French Constitution even does not give any special status or importance to the president of the country. He is treated as a common citizen of the country regardless of his superior status or position.
Pakistan was demanded and established on the basis of Islamic ideology. Islam as the complete code of life treats all its followers equally. The last address of the Holy Prophet (PBUH) is considered as the Magna Charta of the modern constitution in which he made it crystal clear that there is no difference among the Muslims on the basis of language, cast, colour etc. The founder of Pakistan too opined in his maiden address to the first constituent assembly of the country that we are the citizens and equal citizens of one state. On another occasion, Jinnah highly applauded the role played by the tribesmen in the independent movement of Pakistan and their sacrifices in the 1948 Indo-Pakistan war.
It has been realised that one of the basic and main factors which can be held responsible for the prevailing deteriorating situation throughout the tribal belt is the existence of this cruel, immoral, irrational black law. Pakistan has joined hands with the United States of America in its so-called war on terror. The military operation started from Kurram to Gomal has created unspeakable problems for the tribesmen. Many people have been displaced who are facing many problems. The present democratic government under President Asif Ali Zardari which has got reputation due to its unprecedented toleration ought to review Pakistan policy towards FATA. All the stake holders should realise the fact that the use of force is not the solution of the problem. FCR must be discarded and thrown into the Indus River and the patriotic tribesmen should be treated as citizens of Pakistan.
Frontier Crimes Regulation, a black law
