The FCR is the Frontier Crimes Regulation, introduced by the British over a hundred years ago as a way of contyrolling the tribal people.
Arshad Mahmood
At last someone has taken notice of the imprisonment of a two-year old girl child under section 40 of the FCR by the assistant political agent, FR, Lakki Marwat. ** Zarmina, daughter of Qadir Khan, was arrested along with her mother, Hukam Jana, and other siblings and extended family members under the draconian FCR. The MNAs belonging to the opposition parties, including Syed Khurshid Shah, Aitzaz Ahsan, Tehmina Daultana, Abdur Rauf Mengal, Maimoona Hashmi, Shireen Rehman and others had filed an adjournment motion about the conviction of Zarmina ** . It is very unfortunate that none of the members from the Frontier province or FATA became part of this step by the members. The NGOs and media raised this issue for quite some time, but the government and elected representatives never took notice. However, it was feared that the issue might go into the background because of the ongoing hot debate over the issue of uniform.
Although the MNAs took notice of the Zarmina case, the imprisonment of children under the FCR is not limited to her only. There are more than 70 children imprisoned under the Frontier Crimes Regulations, 1901 (FCR). Unfortunately there are more than 15 children, both girls and boys, who have not even attained ten years of age. Most of these children are behind bars for crimes that allegedly have been committed by their fathers or other extended family members.
Tahir Khan, 8, and Iran Khan, 7, sons of Guldas Khan, and Khalil Mohammad, who is only 3 years old, convicted to three years are languishing in the central prison Haripur with their mothers and other extended family members. Sial Bano Bibi, 5, Farzana Bibi, 9, Gul Bano, 3, Khyal Bano, 9, and Zahir Khan, 4, with the father’s name of Pakistan had been in the central prison, DI Khan, since April 17, 2004, when the SPARC visited the said jail on July 22 last. Another two-year old girl, Husan Bano, and her three-year old brother, Said Marjan, with the father’s name of Gul Marjan, were also present in the women’s section with their mother in the central jail, DI Khan. They had been sent to the jail on April 17, 2004, after being arrested under 40, FCR, according to the jail record.
According to official statistics, there are 49 juvenile inmates in the prisons of the province under the FCR, excluding those who have crossed 18 years of age in the prisons and are in the adult sections now. One such youngster, Shakim Gul, now 20 years old and serving 10 years of rigorous imprisonment, was convicted on June 19, 2000, under the FCR and sent to the central prison, Haripur. The concerned APA had convicted him, exercising his powers under the FCR, and ordered that after the completion of the sentence he had to furnish a security bond of Rs300,000 with three reliable sureties in the like amount, failing which he would have to spend another three years of rigorous imprisonment.
Shakim Gul, the only grown-up male member of his family, had been charged under five sections of the Pakistan Penal Code read with sections 11 and 40 of the FCR. According to the order of the assistant political agent, he had been arrested when he was wondering in a suspected manner in the Wana bazaar. At the time of his arrest, Shakim Gul was only 16. He has no one to submit appeal on his behalf or help him.
Their enemies have killed his father and elder brother, and his mother and two younger brothers are waiting for him helplessly. Even after completing his sentence, his release will be conditional. If he fails to furnish sureties, he will have to go back to the prison for another three years.
** Another boy, Aqal Din, 18 years now, has been imprisoned for 42 years by the APA, Miran Shah, North Waziristan Agency. **
This shows the apathy of the government towards the protection of the child rights in the tribal areas of Pakistan. It is a total violation of all the humane norms, relevant international conventions and even the Constitution of Pakistan that ensures equal rights to all the citizens. The government is busy in its Wana operation these days and wants the people of the area to abide by the law of the land. When you send children as young as two to prisons, what will you expect of them later in life? They are not going to obey your laws then, the laws that are unable to protect their rights but only expect them to perform their duties.
Some people from the civil society have started a campaign for the release of the children imprisoned under the FCR, but the government seems to have closed its eyes and ears towards such issues of grave human rights violations. The United Nations Convention on the Rights of the Child has shown its concern over the state of the child rights in the tribal areas and has said that children in the tribal and Northern Areas are not fully enjoying their rights according to the national laws and the UN Convention on the Rights of the Child. Letters have been sent to President General Pervez Musharraf and other government functionaries, but with no response. It is high time that the government took notice of the issues of child rights in the tribal areas of Pakistan to overcome the sense of deprivation amongst the people.
The Frontier Crimes Regulations have proved to be a draconian law introduced by the British to subjugate the people and make them obey their government, but it is evident from history that they have failed to achieve their goals. The government, especially the president and the governor, should take notice of the situation and order immediate release of the children imprisoned under the FCR.
All those men and women imprisoned under the collective responsibility clause of the FCR must be released as well. The Juvenile Justice System Ordinance, 2000, should be extended to FATA and PATA without any further unnecessary delay to make sure that justice is ensured to all the children of the country without any discrimination. I would also take the opportunity to request the elected representatives to take notice of such earth-shattering human rights violations, as their duty is not limited only to opposing or supporting the government.