The Frontier Crime Regulation (FCR) is an amended form of the Murderous Outrages Regulation (MOR), which was introduced by the British Empire to the Pakhtun dominated areas of Afghanistan (MOR laws were put into effect in various parts of the British Empire, including parts outside the Subcontinent). The MOR laws were introduced by the British Empire prior to the demarcation of the Durand Line to tackle the Pakhtun rebellion. However, after the finalisation of the Durand Line in 1893, the amended form of MOR was named the Frontier Crime Regulation (FCR) in 1903. This law was limited to the territory currently referred to as the Federally Administered Tribal Areas(FATA) as the British government wanted to suppress the uprising originating from the tribal belt.
The Frontier Crime Regulation(FCR) does not meet recognised international human rights standards and is also in violation of the constitution of Pakistan for this reason. Tribespeople abhor these laws as they deprive them of their basic rights to appeal and to defend themselves against charges levelled by the political agent. The latter is a grade 18bureaucrat who wields the powers of a judge, jury and executioner. His verdict can only be challenged by the provincial governor or the President of Pakistan.
Legally elected representatives of FATA can’t legislate for their own areas. However, their vote for legislation in any other constituency across the country is considered valid
Under the FCR, tribesmen are subjected to the law of collective punishment. Meaning the punishment for an individual’s crime is applicable to the whole tribe. For most of the FCR’s history, this applied to everyone including women, children and old people. However, amendments introduced by the Pakistan People’s Party (PPP) has relaxed the law when it comes to imprisonment of children under 16 years of age, women and the elderly. However, under the law of collective punishment, people’s businesses are destroyed and their houses demolished. Not to mention innocent people are imprisoned for years. This also effects women, as when the man of the house is imprisoned responsibility of looking after the family falls on women.
Furthermore, Article 247 of Pakistan’s constitution also deprives the elected representatives of FATA from the right of legislation. The legally elected representatives of FATA can’t legislate for their own areas. However, their vote for legislation in any other constituency across the country is considered valid. This is because Article 247 of our constitution gives sole power to the President of state to make or amend laws in the tribal belt.
The tribal people have suffered long and are now fed up of having their rights violated constantly. One can’t blame them, after all laws are made to protect citizens not persecute them. Moreover, while it is the state that is supposed to guarantee security to its citizens, under the FCR the citizens are bound to protect the state. This is completely ridiculous. Furthermore, the powers that article 247 gives to President of the state should be transferred to the parliament, so that their vote is valued.
The FCR has no place in a modern, civilised state. It is shameful that 70 years have passed and these laws have remained in place. Our government must take action now, and leave no stone unturned in abolishing the FCR.
The writer can be contacted at [email protected]
Published in Daily Times, May 15th 2018.