Backwoods, no more?
The signing into law of amendments in FCR (2011) and the extension of the Political Parties Order 2002 to FATA would lead to important administrative, judicial and political reforms in the tribal areas. While these might stop short of the expectations harboured by some, they would definitely relieve the tribal people of some of the primitive shackles that have restricted their development. The reforms are yet another landmark after the 1997 extension of the adult franchise to region.
While the colonial era FCR has not been abolished, it has been significantly modified. Collective punishment has been partially done away with. Henceforth, the entire tribe will not have to pay for the transgression of one or more of its members. Action would take place by first ‘involving’ male members of the family followed by the sub-tribe and then by other sections of the tribe. Women, children below 16 and people aged above 65 will not be arrested or detained under the collective responsibility clause. The tribal people have been given the right to bail and the right to appeal that had been so far denied to them. It would be mandatory to produce the accused before the concerned authority within 24 hours of arrest. A two tier judicial system has been introduced to hear the appeals. At the peak is a three-member tribunal having powers similar to those of a High Court under Article 199 of the Constitution. However, as the members of the appellate authorities would be nominated by the administration, this would raise questions about their independence.
Allowing political parties to operate would end the monopoly enjoyed by the religious parties in FATA. This would help in countering the extremist thinking which promotes terrorism. The reforms would however require implementation of a number of other measures in order to be fruitful. The entire tribal region is badly under-developed, with low literacy rate, limited agriculture, no industry and a ramshackle infrastructure. Women continue to be debarred from casting their votes through social pressure. Unless these issues are adequately addressed, the process initiated with the aim of bringing FATA into the national mainstream is bound to suffer setbacks.
