Article 246 and Article 247 define the Tribal areas of Pakistan and they are divided into 4 types of Tribal areas which are as Follows;
- FATA ( Federally Administered Tribal Areas) Agencies, Bajaur, Mohmand, Khyber, Orazkzai, Kurrum, North Waziristan, South Waziristan,
- FR,s ( Frontier Regions ) Fr Peshawar , Fr Kohat, Fr Bannu , Fr Lakki, and Fr Di-khan districts
- PATA (provincially Administered Tribal Areas) Swat, Dir Upper, Dir Lower, Buner, Shangla and Malakand Districts.
- FANA ( Federally Administered Northern Areas ) Gilgit and Baltistan
Although they are part of Pakistan according to Article 1 of Pakistan 1973 constitution that defines Pakistan territories, but are governed very differently and actually Governed as British Viceroy did by force and inhuman and Degrading Laws called FCR the “Frontier Crimes regulation” that are implemented via Article 247 . British Governed Pashtuns and Baluchistan this way since1893 after Durand line formation. These laws allows for inhuman and Degrading Laws called FCR40 , that allows for collective Punishment of whole villages and towns .
These Laws were kept by Pakistan since 1947 although no one wanted them and Tribal’s were never even Asked about it in 1947 when FATA and Pakhtunkhwa (NWFP) joined the Federation of Pakistan in a Referendum that Just Asked one Question, Do you want to join Pakistan or India, although Geographically FATA and Pakhtunkhwa was Near Afghanistan and this Question was avoided in referendum Tactfully.
Legitimacy of Durand line was accepted without Pashtuns Consultation, although the partition act of India had made the All the Agreement between the Viceroy / East India Company redundant, Mysteriously Durand Line Agreement was kept Intact when Pakistan was carved out of India by British via Partition act.
West of Durand Line in Afghanistan East of Durand Line nobody was asked anything and East of Durand line, what is now Pakhtunkhwa, FATA, FANA and Baluchistan nobody was asked anything and Elected and Sitting Assembly of Pakhtunkhwa was never consulted in 1947 and Political People were sidelined by British knowingly.
B: Why Pashtuns only Targeted for these Inhuman Laws ?:
British viceroy made some special laws for These Tribal areas , in order to suppress and subjugate the Pashtuns these laws were draconian and inhuman and oppressive and Violated every aspect of human rights that British themselves believed in and Imagine British had a Parliament in Britain 1893 as well in 1947 at that time and they oversaw the East India company and yet they believed in Oppression and brutality as Punishment for Pashtuns resistance to their Designs of Domination of Central Asia .
British wanted Punish and Suppress the Rag tag and poor Pashtuns although who had been ruler of India for last 1000 year’s since Alaptagin and Subtagin and then Mehmood Ghaznavi and Ghori who came from Afghanistan after 800 AD just when Islam was Rising in Arabia after 700 AD , and it has Reached Samarkand and Bukhara which were Part of Afghanistan at that time and later separated in Panjdeh , wars by Czarist Russians when Pashtuns were becoming Weekend and Unable to Defend India and Afghanistan, because of Infighting and Power struggle between themselves and also the Tajiks Mughals and Hazaras.
Afghans and Pashtuns Gave culture and Religion to India from , and this was the Main reason for the brutality that the British wanted Suppression of only the Pashtuns whom they thought were the Only ones to challenge them .
The Punjabis had joined the British as Sepoys in British Army and Bengalis had as well after fall of Tipu Sultan, they were providing the back Bone of British army as Bengalis Sappers, and Punjab Piffers.
They were fear full of Pashtuns who were the real challengers of British and they knew Pashtuns have always provided leadership to India and they knew they were their real challengers.
In All of Indian subcontinent. Which was included current Afghanistan. India, Pakistan and Bangladesh, only Pashtuns had always ruled and provided real challenge.
British has been Using Punjabi Sikhs and Muslim as most loyal , Loyal puris ( Faisalabad ) as they used to call them and Especially their Ruler Ranjeet Singh , which they Created from a Governor of Punjab under Durrani kings Timur shah and his son Zaman shah ,
British Provided Punjabis with British money , Military technology , Training and even supplied the Ranjeet Sigh with European Officers and even 12 European Generals to make his Army Trained and Strong to Fight the Wars at North Western Fronts at Lands of Pashtuns with Pashtuns.
The tiny country of Britain had become lucky when they Got Loyal Puris or Punjabis as they called them a Natural mercenary and Militant Nation.
The British Army under East India company were using the Biharis and Bengali for their sepoys and they used to call them Bengal regiments.
Punjabi was now serving them in their Army as soldiers against the Pashtuns with Gora officers in command. This was their luck they would tax the people and take their money and then use the same money to buy the soldier from Punjab and Bengal.
In-fact the British had conquered the whole of India without a proper fight apart of Tipu sultan a man of Pashtun descent who ruled Bihar.
Bahudur Shah Zafar and Mughals were Lame and lazy and they had no kept a proper Army even , and King was only Interested in Poetry and Wine. It was the Pashtuns who considered Mughals as Muslims and helped them keep the crown for last 100 yeaar from 1757-1857, as Ahmad Shah Abdalis help made them as this .
Afghanis always used to have their Army from Pashtun belt of now Pakhtunkhwa + FATA and Baluchistan for their adventures into India and this was ascertained as Fact by British.
So they devised a scheme of suppressing the Pashtuns, by use of FCR and its 40 Rules called FCR40. The Pashtuns and Baluchis were Punished for Resisting British and Punjabis , Bengali Biharis were Rewarded for their Loyalty to British. FCR is known as “Frontier crimes Regulations”, this Law comprises of 40 Laws that calls for Collective Punishment and Destroying homes and Villages in bulk if just one Person commits Crime in Tribal Area.
C: Why Pakistan Adopted the Policies of British East India company?:
This Laws enables Jailing and Hanging a Person for any Crime on Earth that he has committed, if the Political Agent (The rep of Viceroy of East India company that Still Exists in FATA even Today under a controversial legal cover of Article 247) wants he can do that, after Pakistan was made carrying this system without any consent was both criminal and speaks volumes of Intention of Pakistan to Treat Pashtuns with same Stick as Viceroy and East India company Treated them.
In fact the tribal Pashtuns are even Slaves even Today and People as Joke call the FATA as “Maqboza Qabilistan “, which mean that Tribal’s are under Siege of British even Today, the Gora Sahib Left but the Kala Shaib of Punjab (Federal Government of Pakistan which is run by Punjabis as they claim they are 70% of Pakistan) still treats them with contempt and Hate and use Similar Tactics as British on Pashtuns.
D: How FCR was removed from Pakhtunkhwa:
The Pakhtunkhwa /NWFP, Baluchistan and Gilgit Touching Durand Line Just Like FATA was Also under FCR after 1893 , but when the World war 2 Approached, then British held the Round table conference and they called reps from allover India.
From Pakhtunkhwa Brother of Bacha khan Dr Khan sahib who was the First FRCS of India as Doctor as well, he was the First CM of Pakhtunkhwa who had defeated the British Protégé and their Civil Servant Sahibzada Abdul Qayum khan (Role in Durand Line Formation as Representative of British in 1893) of Topi Swabi, who was a British Agent with no confidence motion to become the First CM of Pakhtunkhwa.
Dr khan sahib had the full backing of Pashtun democratic forces in form of Bacha khans Awami National Party called National Awami Party called NAP at that time now known as Awami National Party, he demanded Removal of FCR and lord Curzon laws and hence from Pakhtunkhwa the British Reluctantly removed FCR and Tribal status from Pakhtunkhwa but they cunningly kept the FATA, FR, PATA regions under FCR40 laws.
This limited democracy was allowed only because of pressure of Bacha khan and Pashtuns, and because of weakness of British army to contain them in 2nd world war, otherwise there intentions was to keep Pashtuns forever under these draconian laws, Pakistan government follower lord Curzon policies and they till day keep on doing it now on one pretext or another.
So as Baluchistan (Kalat State it Old name before 1971) was also part of Pakhtunkhwa as it was equidistant from Durand Line in 1893 and it touched Durand line, So When FCR was Lifted from Pakhtunkhwa after Round Table conference 1935, it was lifted from Baluchistan as well. But some areas of Baluchistan are still under FCR like Dera bugti area.
E: Why Pakistan is sticking to Lord Curzon Degrading Laws as Article 246, 247 and FCR 40 ?:
The Pakistanis are using false assumptions the British Created , that Tribal’s don’t want democracy or this system because of Tribal culture , which was a Lie , as Pashtuns had been giving systems of Equality and Government based on Islam , or other religions to India for Generations .
Currently Pakistan is saying the same things while, not teaching the real history in schools and misinforming the public about the Real History of Pashtuns.
They are now making a lame excuse that “It is Tribal culture”, well this is joke of highest order as How can FCR40 allowing degrading and inhuman atrocities that Israel cannot even think to commit, is allowed under a legal law in Tribal areas.
How can FCR40 that allows collective punishments be a culture of Pashtuns, how barbaric it is that whole Tribe is punished for crime for 1 man?
How inhuman and degrading it is that one is allowed to be kicked out of Agency for not obeying a Political agent a civil servant of Government of Pakistan who can be a most corrupt man as most of Political Agent seats are sold , How cruelty is legalized by Pakistan in this civil world .
It is amazing this law was never challenged by supreme court even when it is against Basic Human Rights and all the Fundamental Human Rights Articles and laws of constitution that allows Human Rights violations, supreme court can do that but it avoids this issues as it is run from, behind the scenes by Punjabi establishment who pick and chooses the judges based on their loyalty to Punjabi establishment.
They degradation and insult never stops here the political agent who represent the federal Government also does not make CNIC or other Documents like Passport or even register them for votes if he want to of Tribal’s who are not in their Good Books .
only Respite for Tribal’s is when they Migrate to Areas like Nearby Pakhtunkhwa or Karachi or Punjab like Rawalpindi or Islamabad where they make new CNIC or Proclaiming that they are not from Tribal areas .
This changes their world now they are free citizens and are able to vote or stand in elections, although they will keep the shinwari, Afridi, mohmand, Bangash, Turi, Wazir in their names as tell tale of their origins as Tribal’s .but their status from “slave” is changed to a free man.
They can now own property, Travel abroad, send their children to school and don’t worry about Political agents a, Tehsildars or FC knocking on their roads and taking them to lock ups or jail without a Trial or Appeal even, or destroying their homes.
They are happy in this new world and rarely would talk about their dark world of Tribal areas oppressed legally by Government under Article 247, 246, that makes them legal slaves under all powerful corrupt civil servant Political agent, they would never dare to say anything in the free world of settled areas as they are afraid of Political agent even in settled area guess why? ,
Just because FCR40 is implemented on them in settled areas / Non Tribal area of Rest of Pakistan Legally makes them slaves of Political Agent and Federal Government even in those Areas where Article 247,246 is not implemented.
Why such slaves or “Maqboza Qabilistan”, Tribal’s, are being forcibly ruled like Lord Curzon did by Pakistan and wool is woven over eyes of people and why Oppression is a Policy of Pakistan for Pashtuns ? is beyond comprehension and degrading.
F: Confused Rule in 6FR Area and FATA :
1. In FATA
There are 7 Agencies (North to South are Bajaur, Mohmand, Khyber, Orakzai, Kurrum, North Waziristan and South Waziristan Agencies), Although FATA is ruled by a Political Agent or the FATA Secretariat found in Islamabad. , along with 2 APA, s (Assistant Political Agents ) and Each APA has 2 Tehsildars , who reports Directly to President of Pakistan via Governor Pakhtunkhwa Although Governor has no real Powers, he is ceremonial head only. Supreme court Law does not work here and so is Pakistani Laws and it was reason for rise of Taliban here.
2. In FR Area
There are 6 FR,s (North to South are FR Peshawar , Kohat , Orakzai , Bannu , Lakki and DI Khan Frontier Regions or FR,s ) Although FATA is ruled by a Political Agent, FR Has completely Different system it has no System at All , or FATA Secretariat to control it . There and no one Rules in it it is dream of No Man land and Paradise for criminals, It is devoid of any Administration. No Political Agent or Tehsildars or Anybody it is Just ruled by order of Adjacent Tehsil DCO , or District coordination officer from Pakhtunkhwa , Which is big Anomaly that a Territory under Federal Government is run by a Provincial Government Rep DCO. Although All the 6 FR are found inside of Pakhtunkhwa Border Area un like the FATA which has a border with Pakhtunkhwa. The FR has a own Minister in Federation even called as Minister of Federal Regions , while it is totally devoid of any federal control which is Funny and a Anomaly. Supreme Court Law does not work here and so is Pakistani Laws and it was reason for rise of Taliban here.
3. In PATA
There are 5 PATA (Swat, Dir Upper, Dir Lower, Buner, Shangla and Malakand Districts. ) Although PATA is not ruled, by a Political Agents, and the FATA Secretariat. PATA has almost same system as FATA but there is a twist that a MPA , or member sits in Provincial Assembly of Pakhtunkhwa. So in Total confusion the Article 247 works here and FCR is used by DCO,s under Provincial Government to Punish collectively the whole Villages for crimes of 1 person, no Law passed in Pakhtunkhwa Assembly can work here if not counter signed by President of Pakistan.
4. In FANA
There are 5 FANA , Federally Administered Northern Areas(Swat, Dir Upper, Dir Lower, Buner, Shangla and Malakand Districts. ) Although FANA is not ruled by a Political Agents, and the FATA Secretariat. FANA has almost same system as FATA but there is a twist that a FANA or Gilgit Baltistan Assembly has been Raised and it now function while being totally powerless. MPA, or member sits in Provincial Assembly of FANA (Gilgit Baltistan) . So in Total confusion the Article 247 works here and FCR is used by DCO,s under Provincial Government to Punish collectively the whole Villages for crimes of 1 person, no Law passed in FANA ( Gilgit Baltistan ) can work here if not counter signed by President of Pakistan. Supreme Court Law does not work here. The New Provincial Assembly is a total Joke and it is not ratified by any constitutional Amendment and it can’t be even called a Provincial Assembly. Traditionally it was part of Pakhtunkhwa and under Governor Pakhtunkhwa but now it mess of governance as it is not a province ( No amendment in constitution and it is Artificially being called part of Kashmir although it was Liberated in 1948 by its own people and they never were Part of Kashmir in Past)
G: Article 246,247 and FCR40 is keeping Tribal’s Backwards:
This System of legal Oppression is keeping the Tribal’s backward and Non-Progressive Because Bureaucrats Political Agents who Buy the Seats of power so that they can Have Part in thriving smuggling and Other Illegal Activities, Militarism/Talibanisation, that run with Blessing of Pakistani Government and also the Strategic depth and other schemes of “Get Rich soon” , that are done using the tribal’s as Labor .
As this Policy allowed not a Single University in FATA, for Last 70 Years in 7 Agencies of FATA, and 6 FR areas , which are under federal Government although FR Areas are found inside of Pakhtunkhwa Borders , this Makes a very Interesting spectacle as FR Areas people are very confused because the invisible Border of 6 FR areas clearly demarcates the haves and have not’s .
Tribal’s are confused and Bewildered that while a Neighbor who Happens to be in Settled Areas (Outside of Article 247 in Pakhtunkhwa) , has all the Amenities and Facilities and he while a few feet away has nothing No Gas in Pipelines , No Electricity for 20 Hours a Day ( As tribal’s don’t pay Electricity Bill by an Unwritten code of conduct between Political Agents and tribal’s ) , No Schools or University for last 70 Years but his neighbors in Pakhtunkhwa has everything .
This creates a friction and Jealousy between a Tribal and Pashtun of Pakhtunkhwa that is difficult to explain to “Illiterate and Jahil” Tribal’s who education is Zero and he known nothing of Lord Curzon , East India company or Article 247,246 and FCR40, he cares less he wants these things for himself and his elected members also cant do anything for him.
He think he is being ruled by law of Kafirs ( Un Believers) , as Sufi Muhammad belonging to Tribal Area of PATA in Swat said famously , his son in law Mullah Fazlulaah , said that “ Tribal Laws of FCR40 and Article 247 is law of Non-Muslims and he wowed to wage Jihad struggle for Oppressed against the Pakistan Government .
He was not far from Truth , this is law of Oppression and a Military Action was Started in tribal Areas and PATA , Pakistan Army quelled the Uprising but nothing was done to remove Article 247.
H: Why Not removal of Article 246,247 and FCR40 Why only Amendment:
Presently there is a bill in National Assembly in Year 2014 , of Pakistan presented by Mr. Farhat Ullah Babar of PPP Pakistan Peoples Party about FATA that Article 247 should be Amended , but seriously the Part about Abolishment of Article 247 is not Discussed at all , even after Instructions of Supreme court of Pakistan has been Passed to Amend FCR40 Laws that are provided Legal cover under Article 247 of constitution.
In Last government when the 18th Amendment Bills was presented and it was ANP, Awami National party that wanted to Abolish the Article 247 , it was 8 Senators and 12 MNA elected from FATA that caused Obstruction of Abolishment of this law .
It was no Surprise as Most of those so called Senators and MNA all buy out the elections via Money and most of them are Drug Smugglers and Smugglers of Goods from Karachi Port to Durand line in grab of Afghan transit trade and then use these Good meant duty free for Afghanistan to be sold in Pakistan in Bara or Karkhano Markets that are Opened in FATA near border with Pakhtunkhwa. They fear that their Smuggling will stop when Article 247 will be abolished.
They wanted to keep the tribal’s as Backward and only are interested in their illegal trade and Money making. Most of them are War lords and Drug Lords.
Second biggest Opponents of Article 247 are the Mullahcracy and they have vested interest in FATA , that they want to use FATA as Launching pad for their , Taliban for their Money making Schemes of Invasion of Kashmir, Afghanistan and Iran .
USA offered Industrial zone with free Access to USA for Good that were either assembled or Made here and tax free status, yet Pakistan Government never was interested in this scheme and they sabotaged it from the Beginning.
Then Pakistani Establishment Put a Spanner in Abolishment of Article 247 and stopped the 18th Amendment was done none other the Army chief who stopped it, All the Right Wing Parties especially the Mullahcracy like Jamaat Islami (Who, s role in Rapes and Murder of East Pakistan is no Secret) , PTI and PMLN all want to play its Part in not Allowing the tribal Status to be changed .
They want the Hand of Punjabi Establishment to be Strong over FATA, and tribal’s and rule them like Lord Curzon and degrade and humiliate them.
I : Stake of Punjabis in Not removal of Article 246,247 and FCR40:
Punjabi don’t want removal of Article 247 who rule Pakistan Politically as well more strongly Via the Army and Establishment and capture almost 70- 90% of Power seats in there . They don’t previously divided the Pashtuns by separating them into Baluchistan in 1971, after one unit and put them under this Tag although Majority Population of Baluchistan are Pashtuns and not Baluchis .
They chalked the border in such a way that Pashtun would be a Minority even in Pakhtunkhwa and also , they put half of their Population in Baluchistan ( Previously Kalat State ) , and half them in Pakhtunkhwa and FATA , FANA even.
Why so much Division was it Divide and rule of British that was Adopted as a Policy? , yes it was Political Power of Pashtuns was Degraded and that was reason to Maintain the Status quo of FATA , where 15% of Pakistan Population Lives ( No consensus of Population Exists even after 70 year since 1947 ) and Pakhtunkhwa another 15% Pashtun Lives.
In Baluchistan another 10% Pashtuns live ( No consensus of Population Exists even after 70 years since 1947 ), and if you add all this up it comes to about 40% of Pakistan Population challenging the Majority status of Punjabis if you add the 10% Population of Pakistan as Pashtuns that Lives in Karachi , and another 10% in Sairiki Area of DG Khan , Mianwali and Multan making them 60% of Pakistan.
Punjabi were never majority in Pakistan and by Artificially Adding Sairiki and Pashtuns from Pakhtunkhwa area , the majority of Pashtuns were Diminished by a clever Plan.
Conclusion
There is No way that , Article 247 or FCR40 will be Abolished ever by Pakistan and it will be Kept as long as Pakistan does not stop using the tribal’s Pashtuns as Fodder for Military Incursions and War into Afghanistan , Kashmir and Iran in Future. The Only way to stop is starting with Abolishing Article 247 and FCR40 .
source ; http://drksy.wordpress.com/2014/11/08/fcr40-british-viceroys-laws-for-pashtuns-oppression-kept-as-policy/
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