Frontier Crimes Regulations (FCR), Status of Fundamental Human Rights in Fata

Noor Hamid Khan, Muhammad Zubair and Sumbul Hussan
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Noor Hamid Khan: PhD Scholar at Deportment of Politics and IR at IIU, Islamabad, Pakistan
Muhammad Zubair: Associate Professor & Chairman, Department of Law, AWKUM, Mardan, Pakistan
Sumbul Hussan: Junior Research Fellow at HRC, Islamabad, Pakistan

Global Social Sciences Review, 2016, vol. 1, issue 2, 74-97

Abstract: After taking control of the North West Frontier from Sikhs, British India introduced a special legal and administrative system, Frontier Crimes Regulation (FCR) in the early 1870s to administer the frontier. The suppression of resistance to British rule from the native people being its main objective, this special code was in violation of the very fundamental human rights. In this research paper, the researcher will give a brief overview of FCR and will highlight the harsh nature of this colonial-era regulation which violates basic rights of people of Federally Administered Tribal Areas (FATA). The paper will analyze the implications of FCR for the rights including right to self-determination, equality between man and women, freedom of expression, freedom of religion, right to peaceful assembly and protest, and equal treatment before law. International Human Rights Law (IHRL) will be applied as theoretical framework for this paper. This research paper is based on both primary and secondary sources. Interviews, participant observation, colonial era reports and documents include in primary sources. The method for this analysis will be first to state very briefly as to what standards the articles of the ICCPR demand of states parties to it, and then explain in detail the actual position of these rights in FATA.

Keywords: FATA; FCR; Human Rights; IHRL (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:gss:journl:v:1:y:2016:i:2:p:74-97

DOI: 10.31703/gssr.2016(I-II).06

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