On the advice of the caretaker premier, President Asif Zardari on Wednesday approved the extension of Criminal Law (Third Amendment) Act 2011 to the Provincially Administered Tribal Areas (PATA) of Khyber Pakhtunkhwa.
President Zardari’s spokesman Farhatullah Babar said the president, in exercise of his powers conferred by Clause (3) of Article 247 of the constitution, has approved and signed the notification which provides that the Criminal Law (Third Amendment) Act 2011 (Act No XXVI of 2011), as in force in KP would now apply to the PATA.
The summary received in the Presidency reads that the KP governor has approved the proposal for extension of the law to PATA and accordingly the KP Home and Tribal Affairs Department, after being examined by the Law, Justice and Parliamentary Affairs Division submitted the summary to the premier through the States and Frontier Regions Ministry for onward submission to the president for his approval.
The spokesman said that under Article 247 of the constitution, no act of parliament or provincial assembly shall apply to a PATA or any part thereof unless the governor, in which the tribal area is situated, with the approval of the president, so directs.
According to the summary of the SAFRON Division, parliament has passed the law, whereas Section 310-A of Pakistan Penal Code, 1860(Act XLV of 1860) and Sections 498-A, B and C of Code of Criminal Procedure, 1898(Act V of 1898) have been amended.
Section 310-A provides for punishment of up to seven-year imprisonment, but not less than 3 years and a fine of Rs 500,000 for giving a woman in marriage or otherwise in badla-e-sulh, vani or swara or any other custom or practice under any name, in consideration of settling a civil dispute or a criminal liability.
