Frontier Crimes Regulations
Encyclopedia
The Frontier Crimes Regulation (FCR) comprises a set of laws enforced by the British Raj
in the Pashtun
-inhabited tribal areas at the Northwest British India. They were specially devised to counter the fierce opposition of the Pashtuns to British rule, and their main objective was to protect the interests of the British Empire
.
The FCR dates back to the occupation of the six Pashtun-inhabited frontier districts by the British in 1848. The regulation was re-enacted in 1873 and again in 1876, with minor modifications.
With the passage of time, the regulation was found to be inadequate and new acts and offences were added to it to extend its scope. This was done through promulgation of the Frontier Crimes Regulation 1901.
The FCR advocates collective punishment
, and many human rights
activists argue it is against the most basic Human rights
.
According to the FCR despite the presence of popularly elected tribal representatives, parliament can play no role in the affairs of the area.
Article 247 of the Pakistani Constitution provides that no Act of Parliament applies to FATA
, unless the president so desires. Only the president is authorized to amend laws and promulgate ordinances for the tribal areas. Some of the provisions described as discriminatory are 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
(section 31), method of arrest/ detention (section 38 & 39) security for good behaviour (sections 40, 42), imposition/collection of fine (sections 22-27).
The act has been condemned by senior judges including noted Pakistani Supreme court judge Justice A.R Cornelius as "obnoxious to all recognised modern principles governing the dispensation of justice" in the case of Sumunder vs State (PLD 1954 FC 228).)
Makhdoom Yousef Raza Gilani expressed his government's desire to repeal the FCR. Following this announcement there have been large number of processions in favor of this decision and the Prime Minister all over FATA
.
British Raj
British Raj was the British rule in the Indian subcontinent between 1858 and 1947; The term can also refer to the period of dominion...
in the Pashtun
Pashtun people
Pashtuns or Pathans , also known as ethnic Afghans , are an Eastern Iranic ethnic group with populations primarily between the Hindu Kush mountains in Afghanistan and the Indus River in Pakistan...
-inhabited tribal areas at the Northwest British India. They were specially devised to counter the fierce opposition of the Pashtuns to British rule, and their main objective was to protect the interests of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
.
The FCR dates back to the occupation of the six Pashtun-inhabited frontier districts by the British in 1848. The regulation was re-enacted in 1873 and again in 1876, with minor modifications.
With the passage of time, the regulation was found to be inadequate and new acts and offences were added to it to extend its scope. This was done through promulgation of the Frontier Crimes Regulation 1901.
The FCR advocates collective punishment
Collective punishment
Collective punishment is the punishment of a group of people as a result of the behavior of one or more other individuals or groups. The punished group may often have no direct association with the other individuals or groups, or direct control over their actions...
, and many human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
activists argue it is against the most basic Human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
.
According to the FCR despite the presence of popularly elected tribal representatives, parliament can play no role in the affairs of the area.
Article 247 of the Pakistani Constitution provides that no Act of Parliament applies to FATA
Fata
The FATA or FC-ATA is a type of computer hard disk drive. FATA is simply the low cost ATA or SATA disk drive equipped with a small external converter, that changes the interface to Fibre Channel...
, unless the president so desires. Only the president is authorized to amend laws and promulgate ordinances for the tribal areas. Some of the provisions described as discriminatory are 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
North-West Frontier Province
Khyber Pakhtunkhwa , formerly known as the North-West Frontier Province and various other names, is one of the four provinces of Pakistan, located in the north-west of the country...
(section 31), method of arrest/ detention (section 38 & 39) security for good behaviour (sections 40, 42), imposition/collection of fine (sections 22-27).
The act has been condemned by senior judges including noted Pakistani Supreme court judge Justice A.R Cornelius as "obnoxious to all recognised modern principles governing the dispensation of justice" in the case of Sumunder vs State (PLD 1954 FC 228).)
Proposed repeal
After taking vote of confidence unanimously on 29 March 2008, Pakistan new Prime MinisterPrime Minister of Pakistan
The Prime Minister of Pakistan , is the Head of Government of Pakistan who is designated to exercise as the country's Chief Executive. By the Constitution of Pakistan, Pakistan has the parliamentary democratic system of government...
Makhdoom Yousef Raza Gilani expressed his government's desire to repeal the FCR. Following this announcement there have been large number of processions in favor of this decision and the Prime Minister all over FATA
Federally Administered Tribal Areas
The Federally Administered Tribal Areas are a semi-autonomous tribal region in the northwest of Pakistan, lying between the province of Khyber Pakhtunkhwa, Balochistan, and the neighboring country of Afghanistan. The FATA comprise seven Agencies and six FRs...
.