Frontier Crimes Regulations

Frontier Crimes Regulations

The Frontier Crimes Regulation (FCR) comprises a set of laws enforced by the British Raj in the Pashtun-inhabited tribal areas at the Northeast 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. [ [http://news.bbc.co.uk/1/hi/world/south_asia/1711316.stm#story Analysis: Pakistan's tribal frontiers BBC Friday, 14 December, 2001] Retrieved 2-6-08]

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 abuse. [ [http://www.newsline.com.pk/NewsDec2004/newsbeat1dec.htm Newsline, December 2004] Retrieved 10/1/07]

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 Frontier (section 31), method of arrest/ detention (section 38 & 39) security for good behaviour (sections 40, 42), imposition/collection of fine (sections 22-27). [ [http://www.newsline.com.pk/NewsDec2004/newsbeat1dec.htm Newsline, December 2004] Retrieved 10/1/07]

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).) [ [http://www.newsline.com.pk/NewsDec2004/newsbeat1dec.htm Newsline, December 2004] Retrieved 10/1/07]

Proposed Repeal

After taking vote of confidence unanimously on 29 March 2008, Pakistan new Prime Minister 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 Prime Minister all over FATA. [ [http://rferl.org/featuresarticle/2008/04/fd8ebb0b-8428-40d1-b0e0-52d7dc963300.html Pakistan: New Government Announces Major Reforms In Tribal Areas] , "Radio Free Europe", April 3, 2008]

References

ee also

*Faqir of Ipi
*Pakistan
*North-West Frontier Province

External links

* [http://fata.gov.pk/index.php?link=3 FATA official portal]


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