SPARC welcomes repeal of FCR - Demands the notification of Juvenile Justice System Ordinance 2000 F.P. Report


PESHAWAR: Society for the Protection of the Rights of the Child (SPARC) has welcomed the newly elected governments call to repeal the centuries old draconian law the Frontier Crimes Regulation (FCR), according to a statement issued by SPARC here on Monday. It also demands the notification of Juvenile Justice System Ordinance 2000 (JJSO) rules, exclusive juvenile courts for children and extension and implementation of child friendly laws in FATA. The FCR is a set of special laws introduced by the British colonialists in the tribal areas in 1901. It consists of six chapters, 64 sections and 3 schedules. British said such tough laws were needed to stem the crimes in the tribal belt, but in fact there was a hidden agenda to restrict the social, political and economic life of the tribal people by bringing them under tight control. Despite the fact that most of the sections of the FCR clash with the basic principles of justice, fundamental, constitutional rights of the tribal people and international laws, the oppressive regulation continues to remain in force even after 60 years of independence. In modern times, a civilized society cannot think of such draconian laws that have badly affected the tribal people in the past and have very negative implications for their socio -political and economic development. The section 22(territorial responsibility) and 23 (collective punishments) of the FCR could not be imagined in a civilized society. All over the world governments are responsible for the safety of their citizens, but in FATA the inhabitants are responsible for the safety of the government. The Supreme Court of Pakistan, including the Federal Shariat Court has made categorical judgments against the FCR and has recommended its repeal. But the bureaucracy/administration and group of so called tribal representatives had been claiming that the situation was not ripe for reforms in FATA. The insiders of these areas wanted to repeal the law where as the outsiders the (political administration and the local maliks) were totally against it for their vested interests. Geographical importance, social and economic backwardness, political deprivation and present geo-political situation of the area call for concrete and urgent steps for undoing the wrongs done to the tribal population over a century. Granting political rights and freedom to the tribal people by extending the Political Parties Act to the areas, making local government system truly representative by electing the agency councils on the basis of adult franchise, ensuring inexpensive and expeditious justice system by brining the tribal areas under jurisdiction of the superior courts, and putting an end to social under development with the extension of Social Welfare Act to FATA are some of the most needed steps to abolish the oppressive system in the tribal area developed through an equally oppressive FCR.