FATA’s outdated legal system

NEW DELHI: The federal government is planning to pronounce Nizam-e-Adl in the Fata region which will replace the 1867 black law that is the FCR. However, locals and some socio-political analysts have shown concern over the Nizam-e-Adl, as it had wreaked havoc and resulted in the displacement of millions to other parts of the country and resulted in a military operation in Malakand division.

Fata has witnessed the nastiest of conditions in the recent past, and the Pakistan military has spent billions in its military operation there, with many jawans and officers sacrificing their lives. According to UN figures more than 10,000 families have been affected and the federal government has spent millions on their repatriation.

Whenever a legislative draft is introduced in parliament, the representatives of the people take part in discussions over it. But when it comes to Fata, neither the respected representatives from the region nor the locals are asked for their input into the law of the land, which is a complete injustice to Fata.

In the past, militants imposed their version of religion in the Fata region, paving the way for insecurity and militancy, and ultimately, the three military operations (with some Fata agencies witnessing even more than three).

In this age of science and technology, why is a law from the 19th century being imposed upon the people of Fata? Why are they treated as aliens by the rest of the country? Why is there no judicial system and why isn’t the police act not extended to the agencies? Why isn’t the regular law of the land extended to Fata?

Policymakers in Islamabad have no respect for the customs, values or opinions of the inhabitants of this land. If we look at statistics, educationally, Fata residents are more educated than those of the southern part of Punjab or interior of Sindh. Without any prejudice, they are equally social as compared to those belonging to other parts of Pakistan. Fata has given huge scarifies for the soil and defended the country over various phases of its history, it has helped defend the physical boundaries as well as ideological ones. What more does the centre need from the people of Fata?

The political leadership continues to enjoy a lavish lifestyle in the centre and political agents in the agencies are paid millions. If the government wants real peace, stability and an end to militancy in the whole of Fata, it should avoid imposing the Nizam-e-Adl regulation in the region and regular Pakistani law should be enforced. This will pave the way for real change and development in the agencies. But if the central government imposed Nizam-e-Adl, it will affect the frontier region’s peace adversely.

Published in The Express Tribune, August 3^rd, 2016.