50
TAKATOO Issue 14 Volume 7 July- December 2015 1 Bilingual/Bi-Annual Pashto/ English Research Journal Issue No. 14 Volume No. 7 July- December 2015 TAKATOO TAKATOO TAKATOO TAKATOO ISSN: 2075-5929 Editor: Dr. Javed Iqbal Department of Pashto, University of Balochistan, Quetta E-mail: [email protected]

Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

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Page 1: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

1

BilingualBi-Annual Pashto English Research Journal

Issue No 14 Volume No 7 July- December 2015

TAKATOOTAKATOOTAKATOOTAKATOO

ISSN 2075-5929

Editor Dr Javed Iqbal

Department of Pashto University of Balochistan Quetta

E-mail pashtojournalyahoocom

TAKATOO Issue 14 Volume 7 July- December 2015

2

Department of Pashto University of Balochistan Quetta Patron in Chief Prof Dr Javeid Iqbal Vice Chancellor University of Balochistan Quetta

Patron Dr Faizullah Khan Panezai

Editor Dr Javed Iqbal

Co-Editors Abdul Rehman Kakar Dr Barkat Shah Kakar

Composer Hafiz Rehmat Niazi

TAKATOO Issue 14 Volume 7 July- December 2015

3

International Editorial Board

1 Prof Dr Lutz Rzehak Central Asian Department Humboldt University Berlin Germany

2 Prof Dr Heinz Werner Wessler Department of Lingustics and Philology Uppsala University Sweden

3 Prof Dr Jonny Cheung Department of the languages and cultures of the near and Middle East University of London

4 Dr Anders Widmark Faculty Member Department of Lingustics and Philology Uppsala University Sweden

5 Dr James Caron Faculty Member South Asia School of Orientel and African Studies University of London

6 Prof Dr Halil Toker Chairman Department of Urdu language and literature Faculty of Letter University of Istanbul Turkey

7 Dr Dawood Azami Program Manager British Broadcasting Corporation (BBC) London

8 Prof Dr Zarghona Rishteen Department of Pashto Faculty of Languages and Literature University of Kabul Afghanistan

9 Prof Dr Muhammada Jan Huqpal Department of Pashto Faculty of Languages and Literature University of Kabul Afghanistan

TAKATOO Issue 14 Volume 7 July- December 2015

4

National Editorial Board

1 Prof Dr Fazal-ul- Rahim Marwat Vice Chancellor Bacha Khan University Charsadda

2 Prof Dr Wiqar Ali Shah Chairman Department of History Quaid-e-Azam University Islamabad

3 Prof Dr Pervaiz Mahjoor Kheshkay Pakhtunkhwa Study Centre Bacha Khan University Charsadda

4 Prof Dr Nasrullah Jan Wazir Director Pashto Academy University of Peshawar

5 Prof Dr Hanif Khalil Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

6 Prof Dr Khadim Hussain Amir Managing Director Bacha Khan Trust Educational Foundation (BKTEF) University Town Peshawar

7 Prof Dr Abdullah Jan Abid Incharge Department of Pakistani Languages Allama Iqbal Open University Islamabad

8 Prof Dr BadshahiRome (Ali Khel Daryab) Chairman Department of Pashto and Oriental Languages University of Malakand

9 Prof Dr Noor Muhammad Danish Betanai Pashto Academy University of Peshawar

TAKATOO Issue 14 Volume 7 July- December 2015

5

Dear authors co-authors and readers

Department of Pashto University of Balochsitan has been regularly publishing the Bi-

Lingual Bi-Annual Research Journal TAKATOO since 2009 The Higher Education

Commission of Pakistan (HEC) has recognized the Research Journal TAKATOO in

August 2011 The published material in TAKATOO can be utilized for scholastic and

academic purposes

Disclaimer

The published material in the journal TAKATOO contains

exlusiveindependent opinions of the authors The journalrsquos agreement to the

analysisopinion of the author is not necessary to be the same

Subscription Rate

Domestic Rs 300-

Outside Pakistan US $ 07

TAKATOO Issue 14 Volume 7 July- December 2015

6

Guidelines for Contributors The prime objective of the Research Journal TAKATOO is to provide a forum for

the scholars engaged in the research of Pashto language and literature Following are

the guidelines for the scholarsresearchers contributing articles to the bilingualbi-

annual Pashto research journal TAKATOO

1 The authors are required to send their research papers both in English and

Pashto on the themes pertaining to Pashto language literature history art

culture linguistic sufism anthropology and archeology

2 The research paper must be typed on A-4 size paper having an abstract in

English about 100-150 words

3 Manuscript should be between 4000- 6000 words (including end notes and

references)

4 Quotations from foreign texts must be translated in the body of the paper and

accompanied by the original in the endnotes

5 The authorrsquos name e-mail and mailing addresses and institutional affiliation

should appear on a separate title page

6 Two hard coppies and a soft copy of the research paper may please be sent to

the Editor

7 The authors are required to use MLA citation styles

TAKATOO Issue 14 Volume 7 July- December 2015

7

List of contributors

1 Dr Fazal-ur-Rahim Marwat Vice Chancellor Bacha Khan University Charsadda

2 Dr Zubair Hasrat Director Pakhtunkhwa Study Centre Bacha Khan University Charsadda

3 Dr Hanif Khalil Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

4 Sofia Saleem Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

5 Dr Asal Marjan Lecturer Pakhtnkhwa Study Centre Bacha Khan University Charsadda

6 Jaffar Shah Lecturer Balochistan Agriculture College Quetta

7 Syed Hussain Shah Lecturer Govt Inter College Brewery Road Quetta

8 Zainab Akram Lecturer Department of English SBK University Quetta

9 Hajira Masroor Lecturer Department of English Balochistan University of Engineering amp Technology Khuzdar

10 Abdul Rehman Kakar Lecturer Department of Pashto UoB Quetta

11 Dr Abdul Qadir Khan Asstt Professor Deptt of Political Science UoB Quetta

12 Dr Adil Zaman Kasi Asstt Professor Deptt of Political Science UoB Quetta

13 Syed Amir Shah Lecturer Deptt of Political Science UoB Quetta

14 Sadiq Zarak PhD Scholar Pashto Acedemy University of Peshawar

15 Dr Javed Iqbal Assistant Professor Department of Pashto UoB Quetta

16 Dr Danish Betani Assistant Professor Pashto Academy University of Peshawar

17 Dr Sherzaman Seemab Junior Research Officer Pashto Academy UoP

18 Dr Barkat Shah Kakar Lecturer Department of Pashto UoB Quetta 19 Hafiz Rehmat Niazi PhD Scholar Department of Pashto UoB Quetta

20 Dr Faizullah Khan Chairperson Department of Pashto UoB Quetta 21 Dr Kalimullah Bariach Professor Department of History UoB Quetta

22 Dr Usman Tobawal Director Pakistan Study Centre UoB Quetta

23 Dr Ali khel Daryab Chairman Department of Pashto UoM

24 Abdul Hakim Shah PhD Scholar Pashto Academy University of Peshawar

25 Dr Syed Bacha Agha Assistant Professor Govt Degree College Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

8

26 Zafarullah Bakhshalai PhD Scholar Department of Pashto University of Peshawar

27 Dr Shista Parveen Lecturer Pakhtunkhwa Study Centre Bacha Khan University Charsadda

28 Dr Farkhanda Liaqat Associate Professor Pashto Academy University of Peshawar

29 Shakir Orakzai PhD Scholar Pashto Academy University of Peshawar

30 Norulbasar Aman Assistaاnt Professor Department of Pashto UoM

31 Khan Zaman Kakar MPhil Scholar Department of Anthropology Quaid-e-Azam University Islamabad

32 Faqir Muhmmad Faqir Lecturer Islamia College University Peshawar

33 Farooq Anjum Assistant Professor (Pashto) Department of Pakistani Languages NUML Islamabad

34 Gul Munir Adinzai PhD Scholar Department of Pashto University of Peshawar

35 DrAltaf Ullah Research Fellow NIHCR Centre of Excellence Quaid-e- Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

9

Contents (English Portion)

SNo

Researcher Title Page

1

Dr Hanif Khalil Sofia Saleem

Kakajirsquos Contribution to Pashtun Society

10

2

DrAbdul Qadir Khan Syed Amir Shah Dr Adil Zaman Kasi

The Nexus of Religious Extremism and Pakhtun Culture Myths and Realities

14

3

Jaffar Shah Syed Hussain Shah

Culture Language and Literature the Inseparable Entities

21

4

Zainab Akram Hajira Masroor Abdul Rehman Kakar

An Analysis of Mottves Behind Change of Pashto Language Within the Socio-Linguistic Context in Pakistan A Case Study

28

5

DrAltaf Ullah

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

41

TAKATOO Issue 14 Volume 7 July- December 2015

10

Kakajirsquos Contribution to Pashtun Society

Dr Hanif Khalil

Sofia Saleemclubs

Abstract

This paper explores the significant contributions of Kaka JI Sonobar hussain in Pashtun society The Pashtun society knows Kakaji Sanobar Hussain as a stalwart celebrity of the 20th Century But this is certain that the social and reformist activities crossed the boundaries of Pashtun society and thus through his everlasting and universal contribution he had made his name as a humanist and international personality Kakaji contributed a lot to Pashtun society in the field of journalism literature and politics Apart from this he was a practical freedom fighter against the British imperialism If we put a glance on his life and struggle we will admit and admire that he was a poet an activist an out spoken person and politician This paper throws light on his life and services in Pashtun Society

Kaka JI born in 1897 in a small village named as Kaga Wala It is located in 8 kilometers in the south of Peshawar on the main Kohat road near Badaber He was a student of Islamia College Peshawar and after the completion of his studies he came in the profession of teaching Soon he realized that he was not made for this purpose He wanted to bring the people from the slavery of the British government Therefore he left his profession and initiated his political activities He has to face many difficulties but he remained constant on his goal His active participation gave a new spirit and optimism to the people of his region )1(

Kaka JI participated in the politics of NWFP in 1920 Hanif Khalil wrote in his own book that for his six years he become a keen observer of the political ups and downs of Sub-continent Especially NWFP in 1926 he started an organization named Anjuman-e-Zamindaran The goal of this organization was to face the British and to examine the problems of Tapa Khlil and Mahmudrsquos people They also demanded that educational situation of the area should be made better Due to this organization kaka Ji become famous as a political figure After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization named as Jamiat

Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad clubs Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University

Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

11

Nojawan which was later on transferred in to Nojawan Bharat Sabah and become a very famous platform for all the well known persons of India(2)

This was the time period when an open agitation was started against the British Government As mentioned above Simon Commission came in 1929 in India to assess the Indian constitutional development Kaka Ji Sonober Hussain had also met with the commission and presented their suggestions but made their own recommendation So the commission could not reach any ultimate decision and went back

Kaka Ji was also against the Gandhirsquos view of non violence He has his opinion that we should fought against the British with the weapons and show them our powers of being Pakhtuns otherwise the English would never give us freedom Kaka Ji always condemned the non violence policy and openly commented that non violence might be good for the Hindus but it is not good for the Muslims He was very much against the non-violence Movement of Abdul Ghaffar During one of his speech he said that although he was agree with Ghafar Khanlsquos view that the British should leave India as soon as possible But he was not agreeing with the policy of non violence Kaka JI said it is against the nature of Pakhtun society He believed if Pakhtun would adopt non violence policy it would boost up the morale of British government(3)

A major difference between the Khudai Khidmatgar and Kaka Ji Sonober Husain was he was not ready to compromise at any cost he was a strict man and can never bent in front of British While the Khudai Khidmatgars have different stance Qissa Khawani Bazar massacre is an example of bending the Khudai Khidmagars in front of British Deepest study widest observation and longest experience made the man perfect Kaka Ji had these three qualities He was not a confused personality Therefore he never steps back to his mission Due to his open speaking abilities he was disliked by the British government He was first arrested in 1930 and sent to jail He was arrested due to his radical political ideas in 1930 He was released in 1931 from D-I-Khan(4)

He was sent to jail several times but he did not lose heart When he got rid of the bars he came as a change man in his thoughts So he laid more emphasis on political organization After coming back from jail he becomes more violent and practical He started his own newspaper ldquoSILABrdquo It brought flood in actual sense in the sustain politics of the British hegemonic powerful entity But it could not run for so long time because of the British agitation To stop his activities Government issued warrant for his arrest and kept banned on his publications This time he was alleged severe blames(5)

He was advised by his friends to leave the present place now and should go to peaceful region Kaka JI agreed with the advice and left his hometown for tribal areas Kaka JI left the area and went to Bajor There he met with Haji Sahib of Turang Zai He was also a radical person who was already there and working against the imperialism He joined hands with Haji Sahib and work with him for 18

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

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19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 2: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

2

Department of Pashto University of Balochistan Quetta Patron in Chief Prof Dr Javeid Iqbal Vice Chancellor University of Balochistan Quetta

Patron Dr Faizullah Khan Panezai

Editor Dr Javed Iqbal

Co-Editors Abdul Rehman Kakar Dr Barkat Shah Kakar

Composer Hafiz Rehmat Niazi

TAKATOO Issue 14 Volume 7 July- December 2015

3

International Editorial Board

1 Prof Dr Lutz Rzehak Central Asian Department Humboldt University Berlin Germany

2 Prof Dr Heinz Werner Wessler Department of Lingustics and Philology Uppsala University Sweden

3 Prof Dr Jonny Cheung Department of the languages and cultures of the near and Middle East University of London

4 Dr Anders Widmark Faculty Member Department of Lingustics and Philology Uppsala University Sweden

5 Dr James Caron Faculty Member South Asia School of Orientel and African Studies University of London

6 Prof Dr Halil Toker Chairman Department of Urdu language and literature Faculty of Letter University of Istanbul Turkey

7 Dr Dawood Azami Program Manager British Broadcasting Corporation (BBC) London

8 Prof Dr Zarghona Rishteen Department of Pashto Faculty of Languages and Literature University of Kabul Afghanistan

9 Prof Dr Muhammada Jan Huqpal Department of Pashto Faculty of Languages and Literature University of Kabul Afghanistan

TAKATOO Issue 14 Volume 7 July- December 2015

4

National Editorial Board

1 Prof Dr Fazal-ul- Rahim Marwat Vice Chancellor Bacha Khan University Charsadda

2 Prof Dr Wiqar Ali Shah Chairman Department of History Quaid-e-Azam University Islamabad

3 Prof Dr Pervaiz Mahjoor Kheshkay Pakhtunkhwa Study Centre Bacha Khan University Charsadda

4 Prof Dr Nasrullah Jan Wazir Director Pashto Academy University of Peshawar

5 Prof Dr Hanif Khalil Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

6 Prof Dr Khadim Hussain Amir Managing Director Bacha Khan Trust Educational Foundation (BKTEF) University Town Peshawar

7 Prof Dr Abdullah Jan Abid Incharge Department of Pakistani Languages Allama Iqbal Open University Islamabad

8 Prof Dr BadshahiRome (Ali Khel Daryab) Chairman Department of Pashto and Oriental Languages University of Malakand

9 Prof Dr Noor Muhammad Danish Betanai Pashto Academy University of Peshawar

TAKATOO Issue 14 Volume 7 July- December 2015

5

Dear authors co-authors and readers

Department of Pashto University of Balochsitan has been regularly publishing the Bi-

Lingual Bi-Annual Research Journal TAKATOO since 2009 The Higher Education

Commission of Pakistan (HEC) has recognized the Research Journal TAKATOO in

August 2011 The published material in TAKATOO can be utilized for scholastic and

academic purposes

Disclaimer

The published material in the journal TAKATOO contains

exlusiveindependent opinions of the authors The journalrsquos agreement to the

analysisopinion of the author is not necessary to be the same

Subscription Rate

Domestic Rs 300-

Outside Pakistan US $ 07

TAKATOO Issue 14 Volume 7 July- December 2015

6

Guidelines for Contributors The prime objective of the Research Journal TAKATOO is to provide a forum for

the scholars engaged in the research of Pashto language and literature Following are

the guidelines for the scholarsresearchers contributing articles to the bilingualbi-

annual Pashto research journal TAKATOO

1 The authors are required to send their research papers both in English and

Pashto on the themes pertaining to Pashto language literature history art

culture linguistic sufism anthropology and archeology

2 The research paper must be typed on A-4 size paper having an abstract in

English about 100-150 words

3 Manuscript should be between 4000- 6000 words (including end notes and

references)

4 Quotations from foreign texts must be translated in the body of the paper and

accompanied by the original in the endnotes

5 The authorrsquos name e-mail and mailing addresses and institutional affiliation

should appear on a separate title page

6 Two hard coppies and a soft copy of the research paper may please be sent to

the Editor

7 The authors are required to use MLA citation styles

TAKATOO Issue 14 Volume 7 July- December 2015

7

List of contributors

1 Dr Fazal-ur-Rahim Marwat Vice Chancellor Bacha Khan University Charsadda

2 Dr Zubair Hasrat Director Pakhtunkhwa Study Centre Bacha Khan University Charsadda

3 Dr Hanif Khalil Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

4 Sofia Saleem Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

5 Dr Asal Marjan Lecturer Pakhtnkhwa Study Centre Bacha Khan University Charsadda

6 Jaffar Shah Lecturer Balochistan Agriculture College Quetta

7 Syed Hussain Shah Lecturer Govt Inter College Brewery Road Quetta

8 Zainab Akram Lecturer Department of English SBK University Quetta

9 Hajira Masroor Lecturer Department of English Balochistan University of Engineering amp Technology Khuzdar

10 Abdul Rehman Kakar Lecturer Department of Pashto UoB Quetta

11 Dr Abdul Qadir Khan Asstt Professor Deptt of Political Science UoB Quetta

12 Dr Adil Zaman Kasi Asstt Professor Deptt of Political Science UoB Quetta

13 Syed Amir Shah Lecturer Deptt of Political Science UoB Quetta

14 Sadiq Zarak PhD Scholar Pashto Acedemy University of Peshawar

15 Dr Javed Iqbal Assistant Professor Department of Pashto UoB Quetta

16 Dr Danish Betani Assistant Professor Pashto Academy University of Peshawar

17 Dr Sherzaman Seemab Junior Research Officer Pashto Academy UoP

18 Dr Barkat Shah Kakar Lecturer Department of Pashto UoB Quetta 19 Hafiz Rehmat Niazi PhD Scholar Department of Pashto UoB Quetta

20 Dr Faizullah Khan Chairperson Department of Pashto UoB Quetta 21 Dr Kalimullah Bariach Professor Department of History UoB Quetta

22 Dr Usman Tobawal Director Pakistan Study Centre UoB Quetta

23 Dr Ali khel Daryab Chairman Department of Pashto UoM

24 Abdul Hakim Shah PhD Scholar Pashto Academy University of Peshawar

25 Dr Syed Bacha Agha Assistant Professor Govt Degree College Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

8

26 Zafarullah Bakhshalai PhD Scholar Department of Pashto University of Peshawar

27 Dr Shista Parveen Lecturer Pakhtunkhwa Study Centre Bacha Khan University Charsadda

28 Dr Farkhanda Liaqat Associate Professor Pashto Academy University of Peshawar

29 Shakir Orakzai PhD Scholar Pashto Academy University of Peshawar

30 Norulbasar Aman Assistaاnt Professor Department of Pashto UoM

31 Khan Zaman Kakar MPhil Scholar Department of Anthropology Quaid-e-Azam University Islamabad

32 Faqir Muhmmad Faqir Lecturer Islamia College University Peshawar

33 Farooq Anjum Assistant Professor (Pashto) Department of Pakistani Languages NUML Islamabad

34 Gul Munir Adinzai PhD Scholar Department of Pashto University of Peshawar

35 DrAltaf Ullah Research Fellow NIHCR Centre of Excellence Quaid-e- Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

9

Contents (English Portion)

SNo

Researcher Title Page

1

Dr Hanif Khalil Sofia Saleem

Kakajirsquos Contribution to Pashtun Society

10

2

DrAbdul Qadir Khan Syed Amir Shah Dr Adil Zaman Kasi

The Nexus of Religious Extremism and Pakhtun Culture Myths and Realities

14

3

Jaffar Shah Syed Hussain Shah

Culture Language and Literature the Inseparable Entities

21

4

Zainab Akram Hajira Masroor Abdul Rehman Kakar

An Analysis of Mottves Behind Change of Pashto Language Within the Socio-Linguistic Context in Pakistan A Case Study

28

5

DrAltaf Ullah

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

41

TAKATOO Issue 14 Volume 7 July- December 2015

10

Kakajirsquos Contribution to Pashtun Society

Dr Hanif Khalil

Sofia Saleemclubs

Abstract

This paper explores the significant contributions of Kaka JI Sonobar hussain in Pashtun society The Pashtun society knows Kakaji Sanobar Hussain as a stalwart celebrity of the 20th Century But this is certain that the social and reformist activities crossed the boundaries of Pashtun society and thus through his everlasting and universal contribution he had made his name as a humanist and international personality Kakaji contributed a lot to Pashtun society in the field of journalism literature and politics Apart from this he was a practical freedom fighter against the British imperialism If we put a glance on his life and struggle we will admit and admire that he was a poet an activist an out spoken person and politician This paper throws light on his life and services in Pashtun Society

Kaka JI born in 1897 in a small village named as Kaga Wala It is located in 8 kilometers in the south of Peshawar on the main Kohat road near Badaber He was a student of Islamia College Peshawar and after the completion of his studies he came in the profession of teaching Soon he realized that he was not made for this purpose He wanted to bring the people from the slavery of the British government Therefore he left his profession and initiated his political activities He has to face many difficulties but he remained constant on his goal His active participation gave a new spirit and optimism to the people of his region )1(

Kaka JI participated in the politics of NWFP in 1920 Hanif Khalil wrote in his own book that for his six years he become a keen observer of the political ups and downs of Sub-continent Especially NWFP in 1926 he started an organization named Anjuman-e-Zamindaran The goal of this organization was to face the British and to examine the problems of Tapa Khlil and Mahmudrsquos people They also demanded that educational situation of the area should be made better Due to this organization kaka Ji become famous as a political figure After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization named as Jamiat

Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad clubs Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University

Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

11

Nojawan which was later on transferred in to Nojawan Bharat Sabah and become a very famous platform for all the well known persons of India(2)

This was the time period when an open agitation was started against the British Government As mentioned above Simon Commission came in 1929 in India to assess the Indian constitutional development Kaka Ji Sonober Hussain had also met with the commission and presented their suggestions but made their own recommendation So the commission could not reach any ultimate decision and went back

Kaka Ji was also against the Gandhirsquos view of non violence He has his opinion that we should fought against the British with the weapons and show them our powers of being Pakhtuns otherwise the English would never give us freedom Kaka Ji always condemned the non violence policy and openly commented that non violence might be good for the Hindus but it is not good for the Muslims He was very much against the non-violence Movement of Abdul Ghaffar During one of his speech he said that although he was agree with Ghafar Khanlsquos view that the British should leave India as soon as possible But he was not agreeing with the policy of non violence Kaka JI said it is against the nature of Pakhtun society He believed if Pakhtun would adopt non violence policy it would boost up the morale of British government(3)

A major difference between the Khudai Khidmatgar and Kaka Ji Sonober Husain was he was not ready to compromise at any cost he was a strict man and can never bent in front of British While the Khudai Khidmatgars have different stance Qissa Khawani Bazar massacre is an example of bending the Khudai Khidmagars in front of British Deepest study widest observation and longest experience made the man perfect Kaka Ji had these three qualities He was not a confused personality Therefore he never steps back to his mission Due to his open speaking abilities he was disliked by the British government He was first arrested in 1930 and sent to jail He was arrested due to his radical political ideas in 1930 He was released in 1931 from D-I-Khan(4)

He was sent to jail several times but he did not lose heart When he got rid of the bars he came as a change man in his thoughts So he laid more emphasis on political organization After coming back from jail he becomes more violent and practical He started his own newspaper ldquoSILABrdquo It brought flood in actual sense in the sustain politics of the British hegemonic powerful entity But it could not run for so long time because of the British agitation To stop his activities Government issued warrant for his arrest and kept banned on his publications This time he was alleged severe blames(5)

He was advised by his friends to leave the present place now and should go to peaceful region Kaka JI agreed with the advice and left his hometown for tribal areas Kaka JI left the area and went to Bajor There he met with Haji Sahib of Turang Zai He was also a radical person who was already there and working against the imperialism He joined hands with Haji Sahib and work with him for 18

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 3: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

3

International Editorial Board

1 Prof Dr Lutz Rzehak Central Asian Department Humboldt University Berlin Germany

2 Prof Dr Heinz Werner Wessler Department of Lingustics and Philology Uppsala University Sweden

3 Prof Dr Jonny Cheung Department of the languages and cultures of the near and Middle East University of London

4 Dr Anders Widmark Faculty Member Department of Lingustics and Philology Uppsala University Sweden

5 Dr James Caron Faculty Member South Asia School of Orientel and African Studies University of London

6 Prof Dr Halil Toker Chairman Department of Urdu language and literature Faculty of Letter University of Istanbul Turkey

7 Dr Dawood Azami Program Manager British Broadcasting Corporation (BBC) London

8 Prof Dr Zarghona Rishteen Department of Pashto Faculty of Languages and Literature University of Kabul Afghanistan

9 Prof Dr Muhammada Jan Huqpal Department of Pashto Faculty of Languages and Literature University of Kabul Afghanistan

TAKATOO Issue 14 Volume 7 July- December 2015

4

National Editorial Board

1 Prof Dr Fazal-ul- Rahim Marwat Vice Chancellor Bacha Khan University Charsadda

2 Prof Dr Wiqar Ali Shah Chairman Department of History Quaid-e-Azam University Islamabad

3 Prof Dr Pervaiz Mahjoor Kheshkay Pakhtunkhwa Study Centre Bacha Khan University Charsadda

4 Prof Dr Nasrullah Jan Wazir Director Pashto Academy University of Peshawar

5 Prof Dr Hanif Khalil Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

6 Prof Dr Khadim Hussain Amir Managing Director Bacha Khan Trust Educational Foundation (BKTEF) University Town Peshawar

7 Prof Dr Abdullah Jan Abid Incharge Department of Pakistani Languages Allama Iqbal Open University Islamabad

8 Prof Dr BadshahiRome (Ali Khel Daryab) Chairman Department of Pashto and Oriental Languages University of Malakand

9 Prof Dr Noor Muhammad Danish Betanai Pashto Academy University of Peshawar

TAKATOO Issue 14 Volume 7 July- December 2015

5

Dear authors co-authors and readers

Department of Pashto University of Balochsitan has been regularly publishing the Bi-

Lingual Bi-Annual Research Journal TAKATOO since 2009 The Higher Education

Commission of Pakistan (HEC) has recognized the Research Journal TAKATOO in

August 2011 The published material in TAKATOO can be utilized for scholastic and

academic purposes

Disclaimer

The published material in the journal TAKATOO contains

exlusiveindependent opinions of the authors The journalrsquos agreement to the

analysisopinion of the author is not necessary to be the same

Subscription Rate

Domestic Rs 300-

Outside Pakistan US $ 07

TAKATOO Issue 14 Volume 7 July- December 2015

6

Guidelines for Contributors The prime objective of the Research Journal TAKATOO is to provide a forum for

the scholars engaged in the research of Pashto language and literature Following are

the guidelines for the scholarsresearchers contributing articles to the bilingualbi-

annual Pashto research journal TAKATOO

1 The authors are required to send their research papers both in English and

Pashto on the themes pertaining to Pashto language literature history art

culture linguistic sufism anthropology and archeology

2 The research paper must be typed on A-4 size paper having an abstract in

English about 100-150 words

3 Manuscript should be between 4000- 6000 words (including end notes and

references)

4 Quotations from foreign texts must be translated in the body of the paper and

accompanied by the original in the endnotes

5 The authorrsquos name e-mail and mailing addresses and institutional affiliation

should appear on a separate title page

6 Two hard coppies and a soft copy of the research paper may please be sent to

the Editor

7 The authors are required to use MLA citation styles

TAKATOO Issue 14 Volume 7 July- December 2015

7

List of contributors

1 Dr Fazal-ur-Rahim Marwat Vice Chancellor Bacha Khan University Charsadda

2 Dr Zubair Hasrat Director Pakhtunkhwa Study Centre Bacha Khan University Charsadda

3 Dr Hanif Khalil Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

4 Sofia Saleem Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

5 Dr Asal Marjan Lecturer Pakhtnkhwa Study Centre Bacha Khan University Charsadda

6 Jaffar Shah Lecturer Balochistan Agriculture College Quetta

7 Syed Hussain Shah Lecturer Govt Inter College Brewery Road Quetta

8 Zainab Akram Lecturer Department of English SBK University Quetta

9 Hajira Masroor Lecturer Department of English Balochistan University of Engineering amp Technology Khuzdar

10 Abdul Rehman Kakar Lecturer Department of Pashto UoB Quetta

11 Dr Abdul Qadir Khan Asstt Professor Deptt of Political Science UoB Quetta

12 Dr Adil Zaman Kasi Asstt Professor Deptt of Political Science UoB Quetta

13 Syed Amir Shah Lecturer Deptt of Political Science UoB Quetta

14 Sadiq Zarak PhD Scholar Pashto Acedemy University of Peshawar

15 Dr Javed Iqbal Assistant Professor Department of Pashto UoB Quetta

16 Dr Danish Betani Assistant Professor Pashto Academy University of Peshawar

17 Dr Sherzaman Seemab Junior Research Officer Pashto Academy UoP

18 Dr Barkat Shah Kakar Lecturer Department of Pashto UoB Quetta 19 Hafiz Rehmat Niazi PhD Scholar Department of Pashto UoB Quetta

20 Dr Faizullah Khan Chairperson Department of Pashto UoB Quetta 21 Dr Kalimullah Bariach Professor Department of History UoB Quetta

22 Dr Usman Tobawal Director Pakistan Study Centre UoB Quetta

23 Dr Ali khel Daryab Chairman Department of Pashto UoM

24 Abdul Hakim Shah PhD Scholar Pashto Academy University of Peshawar

25 Dr Syed Bacha Agha Assistant Professor Govt Degree College Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

8

26 Zafarullah Bakhshalai PhD Scholar Department of Pashto University of Peshawar

27 Dr Shista Parveen Lecturer Pakhtunkhwa Study Centre Bacha Khan University Charsadda

28 Dr Farkhanda Liaqat Associate Professor Pashto Academy University of Peshawar

29 Shakir Orakzai PhD Scholar Pashto Academy University of Peshawar

30 Norulbasar Aman Assistaاnt Professor Department of Pashto UoM

31 Khan Zaman Kakar MPhil Scholar Department of Anthropology Quaid-e-Azam University Islamabad

32 Faqir Muhmmad Faqir Lecturer Islamia College University Peshawar

33 Farooq Anjum Assistant Professor (Pashto) Department of Pakistani Languages NUML Islamabad

34 Gul Munir Adinzai PhD Scholar Department of Pashto University of Peshawar

35 DrAltaf Ullah Research Fellow NIHCR Centre of Excellence Quaid-e- Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

9

Contents (English Portion)

SNo

Researcher Title Page

1

Dr Hanif Khalil Sofia Saleem

Kakajirsquos Contribution to Pashtun Society

10

2

DrAbdul Qadir Khan Syed Amir Shah Dr Adil Zaman Kasi

The Nexus of Religious Extremism and Pakhtun Culture Myths and Realities

14

3

Jaffar Shah Syed Hussain Shah

Culture Language and Literature the Inseparable Entities

21

4

Zainab Akram Hajira Masroor Abdul Rehman Kakar

An Analysis of Mottves Behind Change of Pashto Language Within the Socio-Linguistic Context in Pakistan A Case Study

28

5

DrAltaf Ullah

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

41

TAKATOO Issue 14 Volume 7 July- December 2015

10

Kakajirsquos Contribution to Pashtun Society

Dr Hanif Khalil

Sofia Saleemclubs

Abstract

This paper explores the significant contributions of Kaka JI Sonobar hussain in Pashtun society The Pashtun society knows Kakaji Sanobar Hussain as a stalwart celebrity of the 20th Century But this is certain that the social and reformist activities crossed the boundaries of Pashtun society and thus through his everlasting and universal contribution he had made his name as a humanist and international personality Kakaji contributed a lot to Pashtun society in the field of journalism literature and politics Apart from this he was a practical freedom fighter against the British imperialism If we put a glance on his life and struggle we will admit and admire that he was a poet an activist an out spoken person and politician This paper throws light on his life and services in Pashtun Society

Kaka JI born in 1897 in a small village named as Kaga Wala It is located in 8 kilometers in the south of Peshawar on the main Kohat road near Badaber He was a student of Islamia College Peshawar and after the completion of his studies he came in the profession of teaching Soon he realized that he was not made for this purpose He wanted to bring the people from the slavery of the British government Therefore he left his profession and initiated his political activities He has to face many difficulties but he remained constant on his goal His active participation gave a new spirit and optimism to the people of his region )1(

Kaka JI participated in the politics of NWFP in 1920 Hanif Khalil wrote in his own book that for his six years he become a keen observer of the political ups and downs of Sub-continent Especially NWFP in 1926 he started an organization named Anjuman-e-Zamindaran The goal of this organization was to face the British and to examine the problems of Tapa Khlil and Mahmudrsquos people They also demanded that educational situation of the area should be made better Due to this organization kaka Ji become famous as a political figure After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization named as Jamiat

Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad clubs Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University

Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

11

Nojawan which was later on transferred in to Nojawan Bharat Sabah and become a very famous platform for all the well known persons of India(2)

This was the time period when an open agitation was started against the British Government As mentioned above Simon Commission came in 1929 in India to assess the Indian constitutional development Kaka Ji Sonober Hussain had also met with the commission and presented their suggestions but made their own recommendation So the commission could not reach any ultimate decision and went back

Kaka Ji was also against the Gandhirsquos view of non violence He has his opinion that we should fought against the British with the weapons and show them our powers of being Pakhtuns otherwise the English would never give us freedom Kaka Ji always condemned the non violence policy and openly commented that non violence might be good for the Hindus but it is not good for the Muslims He was very much against the non-violence Movement of Abdul Ghaffar During one of his speech he said that although he was agree with Ghafar Khanlsquos view that the British should leave India as soon as possible But he was not agreeing with the policy of non violence Kaka JI said it is against the nature of Pakhtun society He believed if Pakhtun would adopt non violence policy it would boost up the morale of British government(3)

A major difference between the Khudai Khidmatgar and Kaka Ji Sonober Husain was he was not ready to compromise at any cost he was a strict man and can never bent in front of British While the Khudai Khidmatgars have different stance Qissa Khawani Bazar massacre is an example of bending the Khudai Khidmagars in front of British Deepest study widest observation and longest experience made the man perfect Kaka Ji had these three qualities He was not a confused personality Therefore he never steps back to his mission Due to his open speaking abilities he was disliked by the British government He was first arrested in 1930 and sent to jail He was arrested due to his radical political ideas in 1930 He was released in 1931 from D-I-Khan(4)

He was sent to jail several times but he did not lose heart When he got rid of the bars he came as a change man in his thoughts So he laid more emphasis on political organization After coming back from jail he becomes more violent and practical He started his own newspaper ldquoSILABrdquo It brought flood in actual sense in the sustain politics of the British hegemonic powerful entity But it could not run for so long time because of the British agitation To stop his activities Government issued warrant for his arrest and kept banned on his publications This time he was alleged severe blames(5)

He was advised by his friends to leave the present place now and should go to peaceful region Kaka JI agreed with the advice and left his hometown for tribal areas Kaka JI left the area and went to Bajor There he met with Haji Sahib of Turang Zai He was also a radical person who was already there and working against the imperialism He joined hands with Haji Sahib and work with him for 18

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 4: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

4

National Editorial Board

1 Prof Dr Fazal-ul- Rahim Marwat Vice Chancellor Bacha Khan University Charsadda

2 Prof Dr Wiqar Ali Shah Chairman Department of History Quaid-e-Azam University Islamabad

3 Prof Dr Pervaiz Mahjoor Kheshkay Pakhtunkhwa Study Centre Bacha Khan University Charsadda

4 Prof Dr Nasrullah Jan Wazir Director Pashto Academy University of Peshawar

5 Prof Dr Hanif Khalil Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

6 Prof Dr Khadim Hussain Amir Managing Director Bacha Khan Trust Educational Foundation (BKTEF) University Town Peshawar

7 Prof Dr Abdullah Jan Abid Incharge Department of Pakistani Languages Allama Iqbal Open University Islamabad

8 Prof Dr BadshahiRome (Ali Khel Daryab) Chairman Department of Pashto and Oriental Languages University of Malakand

9 Prof Dr Noor Muhammad Danish Betanai Pashto Academy University of Peshawar

TAKATOO Issue 14 Volume 7 July- December 2015

5

Dear authors co-authors and readers

Department of Pashto University of Balochsitan has been regularly publishing the Bi-

Lingual Bi-Annual Research Journal TAKATOO since 2009 The Higher Education

Commission of Pakistan (HEC) has recognized the Research Journal TAKATOO in

August 2011 The published material in TAKATOO can be utilized for scholastic and

academic purposes

Disclaimer

The published material in the journal TAKATOO contains

exlusiveindependent opinions of the authors The journalrsquos agreement to the

analysisopinion of the author is not necessary to be the same

Subscription Rate

Domestic Rs 300-

Outside Pakistan US $ 07

TAKATOO Issue 14 Volume 7 July- December 2015

6

Guidelines for Contributors The prime objective of the Research Journal TAKATOO is to provide a forum for

the scholars engaged in the research of Pashto language and literature Following are

the guidelines for the scholarsresearchers contributing articles to the bilingualbi-

annual Pashto research journal TAKATOO

1 The authors are required to send their research papers both in English and

Pashto on the themes pertaining to Pashto language literature history art

culture linguistic sufism anthropology and archeology

2 The research paper must be typed on A-4 size paper having an abstract in

English about 100-150 words

3 Manuscript should be between 4000- 6000 words (including end notes and

references)

4 Quotations from foreign texts must be translated in the body of the paper and

accompanied by the original in the endnotes

5 The authorrsquos name e-mail and mailing addresses and institutional affiliation

should appear on a separate title page

6 Two hard coppies and a soft copy of the research paper may please be sent to

the Editor

7 The authors are required to use MLA citation styles

TAKATOO Issue 14 Volume 7 July- December 2015

7

List of contributors

1 Dr Fazal-ur-Rahim Marwat Vice Chancellor Bacha Khan University Charsadda

2 Dr Zubair Hasrat Director Pakhtunkhwa Study Centre Bacha Khan University Charsadda

3 Dr Hanif Khalil Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

4 Sofia Saleem Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

5 Dr Asal Marjan Lecturer Pakhtnkhwa Study Centre Bacha Khan University Charsadda

6 Jaffar Shah Lecturer Balochistan Agriculture College Quetta

7 Syed Hussain Shah Lecturer Govt Inter College Brewery Road Quetta

8 Zainab Akram Lecturer Department of English SBK University Quetta

9 Hajira Masroor Lecturer Department of English Balochistan University of Engineering amp Technology Khuzdar

10 Abdul Rehman Kakar Lecturer Department of Pashto UoB Quetta

11 Dr Abdul Qadir Khan Asstt Professor Deptt of Political Science UoB Quetta

12 Dr Adil Zaman Kasi Asstt Professor Deptt of Political Science UoB Quetta

13 Syed Amir Shah Lecturer Deptt of Political Science UoB Quetta

14 Sadiq Zarak PhD Scholar Pashto Acedemy University of Peshawar

15 Dr Javed Iqbal Assistant Professor Department of Pashto UoB Quetta

16 Dr Danish Betani Assistant Professor Pashto Academy University of Peshawar

17 Dr Sherzaman Seemab Junior Research Officer Pashto Academy UoP

18 Dr Barkat Shah Kakar Lecturer Department of Pashto UoB Quetta 19 Hafiz Rehmat Niazi PhD Scholar Department of Pashto UoB Quetta

20 Dr Faizullah Khan Chairperson Department of Pashto UoB Quetta 21 Dr Kalimullah Bariach Professor Department of History UoB Quetta

22 Dr Usman Tobawal Director Pakistan Study Centre UoB Quetta

23 Dr Ali khel Daryab Chairman Department of Pashto UoM

24 Abdul Hakim Shah PhD Scholar Pashto Academy University of Peshawar

25 Dr Syed Bacha Agha Assistant Professor Govt Degree College Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

8

26 Zafarullah Bakhshalai PhD Scholar Department of Pashto University of Peshawar

27 Dr Shista Parveen Lecturer Pakhtunkhwa Study Centre Bacha Khan University Charsadda

28 Dr Farkhanda Liaqat Associate Professor Pashto Academy University of Peshawar

29 Shakir Orakzai PhD Scholar Pashto Academy University of Peshawar

30 Norulbasar Aman Assistaاnt Professor Department of Pashto UoM

31 Khan Zaman Kakar MPhil Scholar Department of Anthropology Quaid-e-Azam University Islamabad

32 Faqir Muhmmad Faqir Lecturer Islamia College University Peshawar

33 Farooq Anjum Assistant Professor (Pashto) Department of Pakistani Languages NUML Islamabad

34 Gul Munir Adinzai PhD Scholar Department of Pashto University of Peshawar

35 DrAltaf Ullah Research Fellow NIHCR Centre of Excellence Quaid-e- Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

9

Contents (English Portion)

SNo

Researcher Title Page

1

Dr Hanif Khalil Sofia Saleem

Kakajirsquos Contribution to Pashtun Society

10

2

DrAbdul Qadir Khan Syed Amir Shah Dr Adil Zaman Kasi

The Nexus of Religious Extremism and Pakhtun Culture Myths and Realities

14

3

Jaffar Shah Syed Hussain Shah

Culture Language and Literature the Inseparable Entities

21

4

Zainab Akram Hajira Masroor Abdul Rehman Kakar

An Analysis of Mottves Behind Change of Pashto Language Within the Socio-Linguistic Context in Pakistan A Case Study

28

5

DrAltaf Ullah

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

41

TAKATOO Issue 14 Volume 7 July- December 2015

10

Kakajirsquos Contribution to Pashtun Society

Dr Hanif Khalil

Sofia Saleemclubs

Abstract

This paper explores the significant contributions of Kaka JI Sonobar hussain in Pashtun society The Pashtun society knows Kakaji Sanobar Hussain as a stalwart celebrity of the 20th Century But this is certain that the social and reformist activities crossed the boundaries of Pashtun society and thus through his everlasting and universal contribution he had made his name as a humanist and international personality Kakaji contributed a lot to Pashtun society in the field of journalism literature and politics Apart from this he was a practical freedom fighter against the British imperialism If we put a glance on his life and struggle we will admit and admire that he was a poet an activist an out spoken person and politician This paper throws light on his life and services in Pashtun Society

Kaka JI born in 1897 in a small village named as Kaga Wala It is located in 8 kilometers in the south of Peshawar on the main Kohat road near Badaber He was a student of Islamia College Peshawar and after the completion of his studies he came in the profession of teaching Soon he realized that he was not made for this purpose He wanted to bring the people from the slavery of the British government Therefore he left his profession and initiated his political activities He has to face many difficulties but he remained constant on his goal His active participation gave a new spirit and optimism to the people of his region )1(

Kaka JI participated in the politics of NWFP in 1920 Hanif Khalil wrote in his own book that for his six years he become a keen observer of the political ups and downs of Sub-continent Especially NWFP in 1926 he started an organization named Anjuman-e-Zamindaran The goal of this organization was to face the British and to examine the problems of Tapa Khlil and Mahmudrsquos people They also demanded that educational situation of the area should be made better Due to this organization kaka Ji become famous as a political figure After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization named as Jamiat

Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad clubs Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University

Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

11

Nojawan which was later on transferred in to Nojawan Bharat Sabah and become a very famous platform for all the well known persons of India(2)

This was the time period when an open agitation was started against the British Government As mentioned above Simon Commission came in 1929 in India to assess the Indian constitutional development Kaka Ji Sonober Hussain had also met with the commission and presented their suggestions but made their own recommendation So the commission could not reach any ultimate decision and went back

Kaka Ji was also against the Gandhirsquos view of non violence He has his opinion that we should fought against the British with the weapons and show them our powers of being Pakhtuns otherwise the English would never give us freedom Kaka Ji always condemned the non violence policy and openly commented that non violence might be good for the Hindus but it is not good for the Muslims He was very much against the non-violence Movement of Abdul Ghaffar During one of his speech he said that although he was agree with Ghafar Khanlsquos view that the British should leave India as soon as possible But he was not agreeing with the policy of non violence Kaka JI said it is against the nature of Pakhtun society He believed if Pakhtun would adopt non violence policy it would boost up the morale of British government(3)

A major difference between the Khudai Khidmatgar and Kaka Ji Sonober Husain was he was not ready to compromise at any cost he was a strict man and can never bent in front of British While the Khudai Khidmatgars have different stance Qissa Khawani Bazar massacre is an example of bending the Khudai Khidmagars in front of British Deepest study widest observation and longest experience made the man perfect Kaka Ji had these three qualities He was not a confused personality Therefore he never steps back to his mission Due to his open speaking abilities he was disliked by the British government He was first arrested in 1930 and sent to jail He was arrested due to his radical political ideas in 1930 He was released in 1931 from D-I-Khan(4)

He was sent to jail several times but he did not lose heart When he got rid of the bars he came as a change man in his thoughts So he laid more emphasis on political organization After coming back from jail he becomes more violent and practical He started his own newspaper ldquoSILABrdquo It brought flood in actual sense in the sustain politics of the British hegemonic powerful entity But it could not run for so long time because of the British agitation To stop his activities Government issued warrant for his arrest and kept banned on his publications This time he was alleged severe blames(5)

He was advised by his friends to leave the present place now and should go to peaceful region Kaka JI agreed with the advice and left his hometown for tribal areas Kaka JI left the area and went to Bajor There he met with Haji Sahib of Turang Zai He was also a radical person who was already there and working against the imperialism He joined hands with Haji Sahib and work with him for 18

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

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19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

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20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

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23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 5: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

5

Dear authors co-authors and readers

Department of Pashto University of Balochsitan has been regularly publishing the Bi-

Lingual Bi-Annual Research Journal TAKATOO since 2009 The Higher Education

Commission of Pakistan (HEC) has recognized the Research Journal TAKATOO in

August 2011 The published material in TAKATOO can be utilized for scholastic and

academic purposes

Disclaimer

The published material in the journal TAKATOO contains

exlusiveindependent opinions of the authors The journalrsquos agreement to the

analysisopinion of the author is not necessary to be the same

Subscription Rate

Domestic Rs 300-

Outside Pakistan US $ 07

TAKATOO Issue 14 Volume 7 July- December 2015

6

Guidelines for Contributors The prime objective of the Research Journal TAKATOO is to provide a forum for

the scholars engaged in the research of Pashto language and literature Following are

the guidelines for the scholarsresearchers contributing articles to the bilingualbi-

annual Pashto research journal TAKATOO

1 The authors are required to send their research papers both in English and

Pashto on the themes pertaining to Pashto language literature history art

culture linguistic sufism anthropology and archeology

2 The research paper must be typed on A-4 size paper having an abstract in

English about 100-150 words

3 Manuscript should be between 4000- 6000 words (including end notes and

references)

4 Quotations from foreign texts must be translated in the body of the paper and

accompanied by the original in the endnotes

5 The authorrsquos name e-mail and mailing addresses and institutional affiliation

should appear on a separate title page

6 Two hard coppies and a soft copy of the research paper may please be sent to

the Editor

7 The authors are required to use MLA citation styles

TAKATOO Issue 14 Volume 7 July- December 2015

7

List of contributors

1 Dr Fazal-ur-Rahim Marwat Vice Chancellor Bacha Khan University Charsadda

2 Dr Zubair Hasrat Director Pakhtunkhwa Study Centre Bacha Khan University Charsadda

3 Dr Hanif Khalil Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

4 Sofia Saleem Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

5 Dr Asal Marjan Lecturer Pakhtnkhwa Study Centre Bacha Khan University Charsadda

6 Jaffar Shah Lecturer Balochistan Agriculture College Quetta

7 Syed Hussain Shah Lecturer Govt Inter College Brewery Road Quetta

8 Zainab Akram Lecturer Department of English SBK University Quetta

9 Hajira Masroor Lecturer Department of English Balochistan University of Engineering amp Technology Khuzdar

10 Abdul Rehman Kakar Lecturer Department of Pashto UoB Quetta

11 Dr Abdul Qadir Khan Asstt Professor Deptt of Political Science UoB Quetta

12 Dr Adil Zaman Kasi Asstt Professor Deptt of Political Science UoB Quetta

13 Syed Amir Shah Lecturer Deptt of Political Science UoB Quetta

14 Sadiq Zarak PhD Scholar Pashto Acedemy University of Peshawar

15 Dr Javed Iqbal Assistant Professor Department of Pashto UoB Quetta

16 Dr Danish Betani Assistant Professor Pashto Academy University of Peshawar

17 Dr Sherzaman Seemab Junior Research Officer Pashto Academy UoP

18 Dr Barkat Shah Kakar Lecturer Department of Pashto UoB Quetta 19 Hafiz Rehmat Niazi PhD Scholar Department of Pashto UoB Quetta

20 Dr Faizullah Khan Chairperson Department of Pashto UoB Quetta 21 Dr Kalimullah Bariach Professor Department of History UoB Quetta

22 Dr Usman Tobawal Director Pakistan Study Centre UoB Quetta

23 Dr Ali khel Daryab Chairman Department of Pashto UoM

24 Abdul Hakim Shah PhD Scholar Pashto Academy University of Peshawar

25 Dr Syed Bacha Agha Assistant Professor Govt Degree College Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

8

26 Zafarullah Bakhshalai PhD Scholar Department of Pashto University of Peshawar

27 Dr Shista Parveen Lecturer Pakhtunkhwa Study Centre Bacha Khan University Charsadda

28 Dr Farkhanda Liaqat Associate Professor Pashto Academy University of Peshawar

29 Shakir Orakzai PhD Scholar Pashto Academy University of Peshawar

30 Norulbasar Aman Assistaاnt Professor Department of Pashto UoM

31 Khan Zaman Kakar MPhil Scholar Department of Anthropology Quaid-e-Azam University Islamabad

32 Faqir Muhmmad Faqir Lecturer Islamia College University Peshawar

33 Farooq Anjum Assistant Professor (Pashto) Department of Pakistani Languages NUML Islamabad

34 Gul Munir Adinzai PhD Scholar Department of Pashto University of Peshawar

35 DrAltaf Ullah Research Fellow NIHCR Centre of Excellence Quaid-e- Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

9

Contents (English Portion)

SNo

Researcher Title Page

1

Dr Hanif Khalil Sofia Saleem

Kakajirsquos Contribution to Pashtun Society

10

2

DrAbdul Qadir Khan Syed Amir Shah Dr Adil Zaman Kasi

The Nexus of Religious Extremism and Pakhtun Culture Myths and Realities

14

3

Jaffar Shah Syed Hussain Shah

Culture Language and Literature the Inseparable Entities

21

4

Zainab Akram Hajira Masroor Abdul Rehman Kakar

An Analysis of Mottves Behind Change of Pashto Language Within the Socio-Linguistic Context in Pakistan A Case Study

28

5

DrAltaf Ullah

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

41

TAKATOO Issue 14 Volume 7 July- December 2015

10

Kakajirsquos Contribution to Pashtun Society

Dr Hanif Khalil

Sofia Saleemclubs

Abstract

This paper explores the significant contributions of Kaka JI Sonobar hussain in Pashtun society The Pashtun society knows Kakaji Sanobar Hussain as a stalwart celebrity of the 20th Century But this is certain that the social and reformist activities crossed the boundaries of Pashtun society and thus through his everlasting and universal contribution he had made his name as a humanist and international personality Kakaji contributed a lot to Pashtun society in the field of journalism literature and politics Apart from this he was a practical freedom fighter against the British imperialism If we put a glance on his life and struggle we will admit and admire that he was a poet an activist an out spoken person and politician This paper throws light on his life and services in Pashtun Society

Kaka JI born in 1897 in a small village named as Kaga Wala It is located in 8 kilometers in the south of Peshawar on the main Kohat road near Badaber He was a student of Islamia College Peshawar and after the completion of his studies he came in the profession of teaching Soon he realized that he was not made for this purpose He wanted to bring the people from the slavery of the British government Therefore he left his profession and initiated his political activities He has to face many difficulties but he remained constant on his goal His active participation gave a new spirit and optimism to the people of his region )1(

Kaka JI participated in the politics of NWFP in 1920 Hanif Khalil wrote in his own book that for his six years he become a keen observer of the political ups and downs of Sub-continent Especially NWFP in 1926 he started an organization named Anjuman-e-Zamindaran The goal of this organization was to face the British and to examine the problems of Tapa Khlil and Mahmudrsquos people They also demanded that educational situation of the area should be made better Due to this organization kaka Ji become famous as a political figure After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization named as Jamiat

Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad clubs Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University

Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

11

Nojawan which was later on transferred in to Nojawan Bharat Sabah and become a very famous platform for all the well known persons of India(2)

This was the time period when an open agitation was started against the British Government As mentioned above Simon Commission came in 1929 in India to assess the Indian constitutional development Kaka Ji Sonober Hussain had also met with the commission and presented their suggestions but made their own recommendation So the commission could not reach any ultimate decision and went back

Kaka Ji was also against the Gandhirsquos view of non violence He has his opinion that we should fought against the British with the weapons and show them our powers of being Pakhtuns otherwise the English would never give us freedom Kaka Ji always condemned the non violence policy and openly commented that non violence might be good for the Hindus but it is not good for the Muslims He was very much against the non-violence Movement of Abdul Ghaffar During one of his speech he said that although he was agree with Ghafar Khanlsquos view that the British should leave India as soon as possible But he was not agreeing with the policy of non violence Kaka JI said it is against the nature of Pakhtun society He believed if Pakhtun would adopt non violence policy it would boost up the morale of British government(3)

A major difference between the Khudai Khidmatgar and Kaka Ji Sonober Husain was he was not ready to compromise at any cost he was a strict man and can never bent in front of British While the Khudai Khidmatgars have different stance Qissa Khawani Bazar massacre is an example of bending the Khudai Khidmagars in front of British Deepest study widest observation and longest experience made the man perfect Kaka Ji had these three qualities He was not a confused personality Therefore he never steps back to his mission Due to his open speaking abilities he was disliked by the British government He was first arrested in 1930 and sent to jail He was arrested due to his radical political ideas in 1930 He was released in 1931 from D-I-Khan(4)

He was sent to jail several times but he did not lose heart When he got rid of the bars he came as a change man in his thoughts So he laid more emphasis on political organization After coming back from jail he becomes more violent and practical He started his own newspaper ldquoSILABrdquo It brought flood in actual sense in the sustain politics of the British hegemonic powerful entity But it could not run for so long time because of the British agitation To stop his activities Government issued warrant for his arrest and kept banned on his publications This time he was alleged severe blames(5)

He was advised by his friends to leave the present place now and should go to peaceful region Kaka JI agreed with the advice and left his hometown for tribal areas Kaka JI left the area and went to Bajor There he met with Haji Sahib of Turang Zai He was also a radical person who was already there and working against the imperialism He joined hands with Haji Sahib and work with him for 18

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 6: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

6

Guidelines for Contributors The prime objective of the Research Journal TAKATOO is to provide a forum for

the scholars engaged in the research of Pashto language and literature Following are

the guidelines for the scholarsresearchers contributing articles to the bilingualbi-

annual Pashto research journal TAKATOO

1 The authors are required to send their research papers both in English and

Pashto on the themes pertaining to Pashto language literature history art

culture linguistic sufism anthropology and archeology

2 The research paper must be typed on A-4 size paper having an abstract in

English about 100-150 words

3 Manuscript should be between 4000- 6000 words (including end notes and

references)

4 Quotations from foreign texts must be translated in the body of the paper and

accompanied by the original in the endnotes

5 The authorrsquos name e-mail and mailing addresses and institutional affiliation

should appear on a separate title page

6 Two hard coppies and a soft copy of the research paper may please be sent to

the Editor

7 The authors are required to use MLA citation styles

TAKATOO Issue 14 Volume 7 July- December 2015

7

List of contributors

1 Dr Fazal-ur-Rahim Marwat Vice Chancellor Bacha Khan University Charsadda

2 Dr Zubair Hasrat Director Pakhtunkhwa Study Centre Bacha Khan University Charsadda

3 Dr Hanif Khalil Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

4 Sofia Saleem Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

5 Dr Asal Marjan Lecturer Pakhtnkhwa Study Centre Bacha Khan University Charsadda

6 Jaffar Shah Lecturer Balochistan Agriculture College Quetta

7 Syed Hussain Shah Lecturer Govt Inter College Brewery Road Quetta

8 Zainab Akram Lecturer Department of English SBK University Quetta

9 Hajira Masroor Lecturer Department of English Balochistan University of Engineering amp Technology Khuzdar

10 Abdul Rehman Kakar Lecturer Department of Pashto UoB Quetta

11 Dr Abdul Qadir Khan Asstt Professor Deptt of Political Science UoB Quetta

12 Dr Adil Zaman Kasi Asstt Professor Deptt of Political Science UoB Quetta

13 Syed Amir Shah Lecturer Deptt of Political Science UoB Quetta

14 Sadiq Zarak PhD Scholar Pashto Acedemy University of Peshawar

15 Dr Javed Iqbal Assistant Professor Department of Pashto UoB Quetta

16 Dr Danish Betani Assistant Professor Pashto Academy University of Peshawar

17 Dr Sherzaman Seemab Junior Research Officer Pashto Academy UoP

18 Dr Barkat Shah Kakar Lecturer Department of Pashto UoB Quetta 19 Hafiz Rehmat Niazi PhD Scholar Department of Pashto UoB Quetta

20 Dr Faizullah Khan Chairperson Department of Pashto UoB Quetta 21 Dr Kalimullah Bariach Professor Department of History UoB Quetta

22 Dr Usman Tobawal Director Pakistan Study Centre UoB Quetta

23 Dr Ali khel Daryab Chairman Department of Pashto UoM

24 Abdul Hakim Shah PhD Scholar Pashto Academy University of Peshawar

25 Dr Syed Bacha Agha Assistant Professor Govt Degree College Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

8

26 Zafarullah Bakhshalai PhD Scholar Department of Pashto University of Peshawar

27 Dr Shista Parveen Lecturer Pakhtunkhwa Study Centre Bacha Khan University Charsadda

28 Dr Farkhanda Liaqat Associate Professor Pashto Academy University of Peshawar

29 Shakir Orakzai PhD Scholar Pashto Academy University of Peshawar

30 Norulbasar Aman Assistaاnt Professor Department of Pashto UoM

31 Khan Zaman Kakar MPhil Scholar Department of Anthropology Quaid-e-Azam University Islamabad

32 Faqir Muhmmad Faqir Lecturer Islamia College University Peshawar

33 Farooq Anjum Assistant Professor (Pashto) Department of Pakistani Languages NUML Islamabad

34 Gul Munir Adinzai PhD Scholar Department of Pashto University of Peshawar

35 DrAltaf Ullah Research Fellow NIHCR Centre of Excellence Quaid-e- Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

9

Contents (English Portion)

SNo

Researcher Title Page

1

Dr Hanif Khalil Sofia Saleem

Kakajirsquos Contribution to Pashtun Society

10

2

DrAbdul Qadir Khan Syed Amir Shah Dr Adil Zaman Kasi

The Nexus of Religious Extremism and Pakhtun Culture Myths and Realities

14

3

Jaffar Shah Syed Hussain Shah

Culture Language and Literature the Inseparable Entities

21

4

Zainab Akram Hajira Masroor Abdul Rehman Kakar

An Analysis of Mottves Behind Change of Pashto Language Within the Socio-Linguistic Context in Pakistan A Case Study

28

5

DrAltaf Ullah

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

41

TAKATOO Issue 14 Volume 7 July- December 2015

10

Kakajirsquos Contribution to Pashtun Society

Dr Hanif Khalil

Sofia Saleemclubs

Abstract

This paper explores the significant contributions of Kaka JI Sonobar hussain in Pashtun society The Pashtun society knows Kakaji Sanobar Hussain as a stalwart celebrity of the 20th Century But this is certain that the social and reformist activities crossed the boundaries of Pashtun society and thus through his everlasting and universal contribution he had made his name as a humanist and international personality Kakaji contributed a lot to Pashtun society in the field of journalism literature and politics Apart from this he was a practical freedom fighter against the British imperialism If we put a glance on his life and struggle we will admit and admire that he was a poet an activist an out spoken person and politician This paper throws light on his life and services in Pashtun Society

Kaka JI born in 1897 in a small village named as Kaga Wala It is located in 8 kilometers in the south of Peshawar on the main Kohat road near Badaber He was a student of Islamia College Peshawar and after the completion of his studies he came in the profession of teaching Soon he realized that he was not made for this purpose He wanted to bring the people from the slavery of the British government Therefore he left his profession and initiated his political activities He has to face many difficulties but he remained constant on his goal His active participation gave a new spirit and optimism to the people of his region )1(

Kaka JI participated in the politics of NWFP in 1920 Hanif Khalil wrote in his own book that for his six years he become a keen observer of the political ups and downs of Sub-continent Especially NWFP in 1926 he started an organization named Anjuman-e-Zamindaran The goal of this organization was to face the British and to examine the problems of Tapa Khlil and Mahmudrsquos people They also demanded that educational situation of the area should be made better Due to this organization kaka Ji become famous as a political figure After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization named as Jamiat

Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad clubs Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University

Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

11

Nojawan which was later on transferred in to Nojawan Bharat Sabah and become a very famous platform for all the well known persons of India(2)

This was the time period when an open agitation was started against the British Government As mentioned above Simon Commission came in 1929 in India to assess the Indian constitutional development Kaka Ji Sonober Hussain had also met with the commission and presented their suggestions but made their own recommendation So the commission could not reach any ultimate decision and went back

Kaka Ji was also against the Gandhirsquos view of non violence He has his opinion that we should fought against the British with the weapons and show them our powers of being Pakhtuns otherwise the English would never give us freedom Kaka Ji always condemned the non violence policy and openly commented that non violence might be good for the Hindus but it is not good for the Muslims He was very much against the non-violence Movement of Abdul Ghaffar During one of his speech he said that although he was agree with Ghafar Khanlsquos view that the British should leave India as soon as possible But he was not agreeing with the policy of non violence Kaka JI said it is against the nature of Pakhtun society He believed if Pakhtun would adopt non violence policy it would boost up the morale of British government(3)

A major difference between the Khudai Khidmatgar and Kaka Ji Sonober Husain was he was not ready to compromise at any cost he was a strict man and can never bent in front of British While the Khudai Khidmatgars have different stance Qissa Khawani Bazar massacre is an example of bending the Khudai Khidmagars in front of British Deepest study widest observation and longest experience made the man perfect Kaka Ji had these three qualities He was not a confused personality Therefore he never steps back to his mission Due to his open speaking abilities he was disliked by the British government He was first arrested in 1930 and sent to jail He was arrested due to his radical political ideas in 1930 He was released in 1931 from D-I-Khan(4)

He was sent to jail several times but he did not lose heart When he got rid of the bars he came as a change man in his thoughts So he laid more emphasis on political organization After coming back from jail he becomes more violent and practical He started his own newspaper ldquoSILABrdquo It brought flood in actual sense in the sustain politics of the British hegemonic powerful entity But it could not run for so long time because of the British agitation To stop his activities Government issued warrant for his arrest and kept banned on his publications This time he was alleged severe blames(5)

He was advised by his friends to leave the present place now and should go to peaceful region Kaka JI agreed with the advice and left his hometown for tribal areas Kaka JI left the area and went to Bajor There he met with Haji Sahib of Turang Zai He was also a radical person who was already there and working against the imperialism He joined hands with Haji Sahib and work with him for 18

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 7: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

7

List of contributors

1 Dr Fazal-ur-Rahim Marwat Vice Chancellor Bacha Khan University Charsadda

2 Dr Zubair Hasrat Director Pakhtunkhwa Study Centre Bacha Khan University Charsadda

3 Dr Hanif Khalil Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

4 Sofia Saleem Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad

5 Dr Asal Marjan Lecturer Pakhtnkhwa Study Centre Bacha Khan University Charsadda

6 Jaffar Shah Lecturer Balochistan Agriculture College Quetta

7 Syed Hussain Shah Lecturer Govt Inter College Brewery Road Quetta

8 Zainab Akram Lecturer Department of English SBK University Quetta

9 Hajira Masroor Lecturer Department of English Balochistan University of Engineering amp Technology Khuzdar

10 Abdul Rehman Kakar Lecturer Department of Pashto UoB Quetta

11 Dr Abdul Qadir Khan Asstt Professor Deptt of Political Science UoB Quetta

12 Dr Adil Zaman Kasi Asstt Professor Deptt of Political Science UoB Quetta

13 Syed Amir Shah Lecturer Deptt of Political Science UoB Quetta

14 Sadiq Zarak PhD Scholar Pashto Acedemy University of Peshawar

15 Dr Javed Iqbal Assistant Professor Department of Pashto UoB Quetta

16 Dr Danish Betani Assistant Professor Pashto Academy University of Peshawar

17 Dr Sherzaman Seemab Junior Research Officer Pashto Academy UoP

18 Dr Barkat Shah Kakar Lecturer Department of Pashto UoB Quetta 19 Hafiz Rehmat Niazi PhD Scholar Department of Pashto UoB Quetta

20 Dr Faizullah Khan Chairperson Department of Pashto UoB Quetta 21 Dr Kalimullah Bariach Professor Department of History UoB Quetta

22 Dr Usman Tobawal Director Pakistan Study Centre UoB Quetta

23 Dr Ali khel Daryab Chairman Department of Pashto UoM

24 Abdul Hakim Shah PhD Scholar Pashto Academy University of Peshawar

25 Dr Syed Bacha Agha Assistant Professor Govt Degree College Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

8

26 Zafarullah Bakhshalai PhD Scholar Department of Pashto University of Peshawar

27 Dr Shista Parveen Lecturer Pakhtunkhwa Study Centre Bacha Khan University Charsadda

28 Dr Farkhanda Liaqat Associate Professor Pashto Academy University of Peshawar

29 Shakir Orakzai PhD Scholar Pashto Academy University of Peshawar

30 Norulbasar Aman Assistaاnt Professor Department of Pashto UoM

31 Khan Zaman Kakar MPhil Scholar Department of Anthropology Quaid-e-Azam University Islamabad

32 Faqir Muhmmad Faqir Lecturer Islamia College University Peshawar

33 Farooq Anjum Assistant Professor (Pashto) Department of Pakistani Languages NUML Islamabad

34 Gul Munir Adinzai PhD Scholar Department of Pashto University of Peshawar

35 DrAltaf Ullah Research Fellow NIHCR Centre of Excellence Quaid-e- Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

9

Contents (English Portion)

SNo

Researcher Title Page

1

Dr Hanif Khalil Sofia Saleem

Kakajirsquos Contribution to Pashtun Society

10

2

DrAbdul Qadir Khan Syed Amir Shah Dr Adil Zaman Kasi

The Nexus of Religious Extremism and Pakhtun Culture Myths and Realities

14

3

Jaffar Shah Syed Hussain Shah

Culture Language and Literature the Inseparable Entities

21

4

Zainab Akram Hajira Masroor Abdul Rehman Kakar

An Analysis of Mottves Behind Change of Pashto Language Within the Socio-Linguistic Context in Pakistan A Case Study

28

5

DrAltaf Ullah

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

41

TAKATOO Issue 14 Volume 7 July- December 2015

10

Kakajirsquos Contribution to Pashtun Society

Dr Hanif Khalil

Sofia Saleemclubs

Abstract

This paper explores the significant contributions of Kaka JI Sonobar hussain in Pashtun society The Pashtun society knows Kakaji Sanobar Hussain as a stalwart celebrity of the 20th Century But this is certain that the social and reformist activities crossed the boundaries of Pashtun society and thus through his everlasting and universal contribution he had made his name as a humanist and international personality Kakaji contributed a lot to Pashtun society in the field of journalism literature and politics Apart from this he was a practical freedom fighter against the British imperialism If we put a glance on his life and struggle we will admit and admire that he was a poet an activist an out spoken person and politician This paper throws light on his life and services in Pashtun Society

Kaka JI born in 1897 in a small village named as Kaga Wala It is located in 8 kilometers in the south of Peshawar on the main Kohat road near Badaber He was a student of Islamia College Peshawar and after the completion of his studies he came in the profession of teaching Soon he realized that he was not made for this purpose He wanted to bring the people from the slavery of the British government Therefore he left his profession and initiated his political activities He has to face many difficulties but he remained constant on his goal His active participation gave a new spirit and optimism to the people of his region )1(

Kaka JI participated in the politics of NWFP in 1920 Hanif Khalil wrote in his own book that for his six years he become a keen observer of the political ups and downs of Sub-continent Especially NWFP in 1926 he started an organization named Anjuman-e-Zamindaran The goal of this organization was to face the British and to examine the problems of Tapa Khlil and Mahmudrsquos people They also demanded that educational situation of the area should be made better Due to this organization kaka Ji become famous as a political figure After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization named as Jamiat

Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad clubs Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University

Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

11

Nojawan which was later on transferred in to Nojawan Bharat Sabah and become a very famous platform for all the well known persons of India(2)

This was the time period when an open agitation was started against the British Government As mentioned above Simon Commission came in 1929 in India to assess the Indian constitutional development Kaka Ji Sonober Hussain had also met with the commission and presented their suggestions but made their own recommendation So the commission could not reach any ultimate decision and went back

Kaka Ji was also against the Gandhirsquos view of non violence He has his opinion that we should fought against the British with the weapons and show them our powers of being Pakhtuns otherwise the English would never give us freedom Kaka Ji always condemned the non violence policy and openly commented that non violence might be good for the Hindus but it is not good for the Muslims He was very much against the non-violence Movement of Abdul Ghaffar During one of his speech he said that although he was agree with Ghafar Khanlsquos view that the British should leave India as soon as possible But he was not agreeing with the policy of non violence Kaka JI said it is against the nature of Pakhtun society He believed if Pakhtun would adopt non violence policy it would boost up the morale of British government(3)

A major difference between the Khudai Khidmatgar and Kaka Ji Sonober Husain was he was not ready to compromise at any cost he was a strict man and can never bent in front of British While the Khudai Khidmatgars have different stance Qissa Khawani Bazar massacre is an example of bending the Khudai Khidmagars in front of British Deepest study widest observation and longest experience made the man perfect Kaka Ji had these three qualities He was not a confused personality Therefore he never steps back to his mission Due to his open speaking abilities he was disliked by the British government He was first arrested in 1930 and sent to jail He was arrested due to his radical political ideas in 1930 He was released in 1931 from D-I-Khan(4)

He was sent to jail several times but he did not lose heart When he got rid of the bars he came as a change man in his thoughts So he laid more emphasis on political organization After coming back from jail he becomes more violent and practical He started his own newspaper ldquoSILABrdquo It brought flood in actual sense in the sustain politics of the British hegemonic powerful entity But it could not run for so long time because of the British agitation To stop his activities Government issued warrant for his arrest and kept banned on his publications This time he was alleged severe blames(5)

He was advised by his friends to leave the present place now and should go to peaceful region Kaka JI agreed with the advice and left his hometown for tribal areas Kaka JI left the area and went to Bajor There he met with Haji Sahib of Turang Zai He was also a radical person who was already there and working against the imperialism He joined hands with Haji Sahib and work with him for 18

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

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19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

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23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

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25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 8: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

8

26 Zafarullah Bakhshalai PhD Scholar Department of Pashto University of Peshawar

27 Dr Shista Parveen Lecturer Pakhtunkhwa Study Centre Bacha Khan University Charsadda

28 Dr Farkhanda Liaqat Associate Professor Pashto Academy University of Peshawar

29 Shakir Orakzai PhD Scholar Pashto Academy University of Peshawar

30 Norulbasar Aman Assistaاnt Professor Department of Pashto UoM

31 Khan Zaman Kakar MPhil Scholar Department of Anthropology Quaid-e-Azam University Islamabad

32 Faqir Muhmmad Faqir Lecturer Islamia College University Peshawar

33 Farooq Anjum Assistant Professor (Pashto) Department of Pakistani Languages NUML Islamabad

34 Gul Munir Adinzai PhD Scholar Department of Pashto University of Peshawar

35 DrAltaf Ullah Research Fellow NIHCR Centre of Excellence Quaid-e- Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

9

Contents (English Portion)

SNo

Researcher Title Page

1

Dr Hanif Khalil Sofia Saleem

Kakajirsquos Contribution to Pashtun Society

10

2

DrAbdul Qadir Khan Syed Amir Shah Dr Adil Zaman Kasi

The Nexus of Religious Extremism and Pakhtun Culture Myths and Realities

14

3

Jaffar Shah Syed Hussain Shah

Culture Language and Literature the Inseparable Entities

21

4

Zainab Akram Hajira Masroor Abdul Rehman Kakar

An Analysis of Mottves Behind Change of Pashto Language Within the Socio-Linguistic Context in Pakistan A Case Study

28

5

DrAltaf Ullah

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

41

TAKATOO Issue 14 Volume 7 July- December 2015

10

Kakajirsquos Contribution to Pashtun Society

Dr Hanif Khalil

Sofia Saleemclubs

Abstract

This paper explores the significant contributions of Kaka JI Sonobar hussain in Pashtun society The Pashtun society knows Kakaji Sanobar Hussain as a stalwart celebrity of the 20th Century But this is certain that the social and reformist activities crossed the boundaries of Pashtun society and thus through his everlasting and universal contribution he had made his name as a humanist and international personality Kakaji contributed a lot to Pashtun society in the field of journalism literature and politics Apart from this he was a practical freedom fighter against the British imperialism If we put a glance on his life and struggle we will admit and admire that he was a poet an activist an out spoken person and politician This paper throws light on his life and services in Pashtun Society

Kaka JI born in 1897 in a small village named as Kaga Wala It is located in 8 kilometers in the south of Peshawar on the main Kohat road near Badaber He was a student of Islamia College Peshawar and after the completion of his studies he came in the profession of teaching Soon he realized that he was not made for this purpose He wanted to bring the people from the slavery of the British government Therefore he left his profession and initiated his political activities He has to face many difficulties but he remained constant on his goal His active participation gave a new spirit and optimism to the people of his region )1(

Kaka JI participated in the politics of NWFP in 1920 Hanif Khalil wrote in his own book that for his six years he become a keen observer of the political ups and downs of Sub-continent Especially NWFP in 1926 he started an organization named Anjuman-e-Zamindaran The goal of this organization was to face the British and to examine the problems of Tapa Khlil and Mahmudrsquos people They also demanded that educational situation of the area should be made better Due to this organization kaka Ji become famous as a political figure After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization named as Jamiat

Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad clubs Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University

Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

11

Nojawan which was later on transferred in to Nojawan Bharat Sabah and become a very famous platform for all the well known persons of India(2)

This was the time period when an open agitation was started against the British Government As mentioned above Simon Commission came in 1929 in India to assess the Indian constitutional development Kaka Ji Sonober Hussain had also met with the commission and presented their suggestions but made their own recommendation So the commission could not reach any ultimate decision and went back

Kaka Ji was also against the Gandhirsquos view of non violence He has his opinion that we should fought against the British with the weapons and show them our powers of being Pakhtuns otherwise the English would never give us freedom Kaka Ji always condemned the non violence policy and openly commented that non violence might be good for the Hindus but it is not good for the Muslims He was very much against the non-violence Movement of Abdul Ghaffar During one of his speech he said that although he was agree with Ghafar Khanlsquos view that the British should leave India as soon as possible But he was not agreeing with the policy of non violence Kaka JI said it is against the nature of Pakhtun society He believed if Pakhtun would adopt non violence policy it would boost up the morale of British government(3)

A major difference between the Khudai Khidmatgar and Kaka Ji Sonober Husain was he was not ready to compromise at any cost he was a strict man and can never bent in front of British While the Khudai Khidmatgars have different stance Qissa Khawani Bazar massacre is an example of bending the Khudai Khidmagars in front of British Deepest study widest observation and longest experience made the man perfect Kaka Ji had these three qualities He was not a confused personality Therefore he never steps back to his mission Due to his open speaking abilities he was disliked by the British government He was first arrested in 1930 and sent to jail He was arrested due to his radical political ideas in 1930 He was released in 1931 from D-I-Khan(4)

He was sent to jail several times but he did not lose heart When he got rid of the bars he came as a change man in his thoughts So he laid more emphasis on political organization After coming back from jail he becomes more violent and practical He started his own newspaper ldquoSILABrdquo It brought flood in actual sense in the sustain politics of the British hegemonic powerful entity But it could not run for so long time because of the British agitation To stop his activities Government issued warrant for his arrest and kept banned on his publications This time he was alleged severe blames(5)

He was advised by his friends to leave the present place now and should go to peaceful region Kaka JI agreed with the advice and left his hometown for tribal areas Kaka JI left the area and went to Bajor There he met with Haji Sahib of Turang Zai He was also a radical person who was already there and working against the imperialism He joined hands with Haji Sahib and work with him for 18

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 9: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

9

Contents (English Portion)

SNo

Researcher Title Page

1

Dr Hanif Khalil Sofia Saleem

Kakajirsquos Contribution to Pashtun Society

10

2

DrAbdul Qadir Khan Syed Amir Shah Dr Adil Zaman Kasi

The Nexus of Religious Extremism and Pakhtun Culture Myths and Realities

14

3

Jaffar Shah Syed Hussain Shah

Culture Language and Literature the Inseparable Entities

21

4

Zainab Akram Hajira Masroor Abdul Rehman Kakar

An Analysis of Mottves Behind Change of Pashto Language Within the Socio-Linguistic Context in Pakistan A Case Study

28

5

DrAltaf Ullah

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

41

TAKATOO Issue 14 Volume 7 July- December 2015

10

Kakajirsquos Contribution to Pashtun Society

Dr Hanif Khalil

Sofia Saleemclubs

Abstract

This paper explores the significant contributions of Kaka JI Sonobar hussain in Pashtun society The Pashtun society knows Kakaji Sanobar Hussain as a stalwart celebrity of the 20th Century But this is certain that the social and reformist activities crossed the boundaries of Pashtun society and thus through his everlasting and universal contribution he had made his name as a humanist and international personality Kakaji contributed a lot to Pashtun society in the field of journalism literature and politics Apart from this he was a practical freedom fighter against the British imperialism If we put a glance on his life and struggle we will admit and admire that he was a poet an activist an out spoken person and politician This paper throws light on his life and services in Pashtun Society

Kaka JI born in 1897 in a small village named as Kaga Wala It is located in 8 kilometers in the south of Peshawar on the main Kohat road near Badaber He was a student of Islamia College Peshawar and after the completion of his studies he came in the profession of teaching Soon he realized that he was not made for this purpose He wanted to bring the people from the slavery of the British government Therefore he left his profession and initiated his political activities He has to face many difficulties but he remained constant on his goal His active participation gave a new spirit and optimism to the people of his region )1(

Kaka JI participated in the politics of NWFP in 1920 Hanif Khalil wrote in his own book that for his six years he become a keen observer of the political ups and downs of Sub-continent Especially NWFP in 1926 he started an organization named Anjuman-e-Zamindaran The goal of this organization was to face the British and to examine the problems of Tapa Khlil and Mahmudrsquos people They also demanded that educational situation of the area should be made better Due to this organization kaka Ji become famous as a political figure After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization named as Jamiat

Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad clubs Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University

Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

11

Nojawan which was later on transferred in to Nojawan Bharat Sabah and become a very famous platform for all the well known persons of India(2)

This was the time period when an open agitation was started against the British Government As mentioned above Simon Commission came in 1929 in India to assess the Indian constitutional development Kaka Ji Sonober Hussain had also met with the commission and presented their suggestions but made their own recommendation So the commission could not reach any ultimate decision and went back

Kaka Ji was also against the Gandhirsquos view of non violence He has his opinion that we should fought against the British with the weapons and show them our powers of being Pakhtuns otherwise the English would never give us freedom Kaka Ji always condemned the non violence policy and openly commented that non violence might be good for the Hindus but it is not good for the Muslims He was very much against the non-violence Movement of Abdul Ghaffar During one of his speech he said that although he was agree with Ghafar Khanlsquos view that the British should leave India as soon as possible But he was not agreeing with the policy of non violence Kaka JI said it is against the nature of Pakhtun society He believed if Pakhtun would adopt non violence policy it would boost up the morale of British government(3)

A major difference between the Khudai Khidmatgar and Kaka Ji Sonober Husain was he was not ready to compromise at any cost he was a strict man and can never bent in front of British While the Khudai Khidmatgars have different stance Qissa Khawani Bazar massacre is an example of bending the Khudai Khidmagars in front of British Deepest study widest observation and longest experience made the man perfect Kaka Ji had these three qualities He was not a confused personality Therefore he never steps back to his mission Due to his open speaking abilities he was disliked by the British government He was first arrested in 1930 and sent to jail He was arrested due to his radical political ideas in 1930 He was released in 1931 from D-I-Khan(4)

He was sent to jail several times but he did not lose heart When he got rid of the bars he came as a change man in his thoughts So he laid more emphasis on political organization After coming back from jail he becomes more violent and practical He started his own newspaper ldquoSILABrdquo It brought flood in actual sense in the sustain politics of the British hegemonic powerful entity But it could not run for so long time because of the British agitation To stop his activities Government issued warrant for his arrest and kept banned on his publications This time he was alleged severe blames(5)

He was advised by his friends to leave the present place now and should go to peaceful region Kaka JI agreed with the advice and left his hometown for tribal areas Kaka JI left the area and went to Bajor There he met with Haji Sahib of Turang Zai He was also a radical person who was already there and working against the imperialism He joined hands with Haji Sahib and work with him for 18

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 10: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

10

Kakajirsquos Contribution to Pashtun Society

Dr Hanif Khalil

Sofia Saleemclubs

Abstract

This paper explores the significant contributions of Kaka JI Sonobar hussain in Pashtun society The Pashtun society knows Kakaji Sanobar Hussain as a stalwart celebrity of the 20th Century But this is certain that the social and reformist activities crossed the boundaries of Pashtun society and thus through his everlasting and universal contribution he had made his name as a humanist and international personality Kakaji contributed a lot to Pashtun society in the field of journalism literature and politics Apart from this he was a practical freedom fighter against the British imperialism If we put a glance on his life and struggle we will admit and admire that he was a poet an activist an out spoken person and politician This paper throws light on his life and services in Pashtun Society

Kaka JI born in 1897 in a small village named as Kaga Wala It is located in 8 kilometers in the south of Peshawar on the main Kohat road near Badaber He was a student of Islamia College Peshawar and after the completion of his studies he came in the profession of teaching Soon he realized that he was not made for this purpose He wanted to bring the people from the slavery of the British government Therefore he left his profession and initiated his political activities He has to face many difficulties but he remained constant on his goal His active participation gave a new spirit and optimism to the people of his region )1(

Kaka JI participated in the politics of NWFP in 1920 Hanif Khalil wrote in his own book that for his six years he become a keen observer of the political ups and downs of Sub-continent Especially NWFP in 1926 he started an organization named Anjuman-e-Zamindaran The goal of this organization was to face the British and to examine the problems of Tapa Khlil and Mahmudrsquos people They also demanded that educational situation of the area should be made better Due to this organization kaka Ji become famous as a political figure After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization named as Jamiat

Director National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University Islamabad clubs Ph D Scholar National Institute of Pakistan Studies (NIPS) Quaid-e-Azam University

Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

11

Nojawan which was later on transferred in to Nojawan Bharat Sabah and become a very famous platform for all the well known persons of India(2)

This was the time period when an open agitation was started against the British Government As mentioned above Simon Commission came in 1929 in India to assess the Indian constitutional development Kaka Ji Sonober Hussain had also met with the commission and presented their suggestions but made their own recommendation So the commission could not reach any ultimate decision and went back

Kaka Ji was also against the Gandhirsquos view of non violence He has his opinion that we should fought against the British with the weapons and show them our powers of being Pakhtuns otherwise the English would never give us freedom Kaka Ji always condemned the non violence policy and openly commented that non violence might be good for the Hindus but it is not good for the Muslims He was very much against the non-violence Movement of Abdul Ghaffar During one of his speech he said that although he was agree with Ghafar Khanlsquos view that the British should leave India as soon as possible But he was not agreeing with the policy of non violence Kaka JI said it is against the nature of Pakhtun society He believed if Pakhtun would adopt non violence policy it would boost up the morale of British government(3)

A major difference between the Khudai Khidmatgar and Kaka Ji Sonober Husain was he was not ready to compromise at any cost he was a strict man and can never bent in front of British While the Khudai Khidmatgars have different stance Qissa Khawani Bazar massacre is an example of bending the Khudai Khidmagars in front of British Deepest study widest observation and longest experience made the man perfect Kaka Ji had these three qualities He was not a confused personality Therefore he never steps back to his mission Due to his open speaking abilities he was disliked by the British government He was first arrested in 1930 and sent to jail He was arrested due to his radical political ideas in 1930 He was released in 1931 from D-I-Khan(4)

He was sent to jail several times but he did not lose heart When he got rid of the bars he came as a change man in his thoughts So he laid more emphasis on political organization After coming back from jail he becomes more violent and practical He started his own newspaper ldquoSILABrdquo It brought flood in actual sense in the sustain politics of the British hegemonic powerful entity But it could not run for so long time because of the British agitation To stop his activities Government issued warrant for his arrest and kept banned on his publications This time he was alleged severe blames(5)

He was advised by his friends to leave the present place now and should go to peaceful region Kaka JI agreed with the advice and left his hometown for tribal areas Kaka JI left the area and went to Bajor There he met with Haji Sahib of Turang Zai He was also a radical person who was already there and working against the imperialism He joined hands with Haji Sahib and work with him for 18

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 11: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

11

Nojawan which was later on transferred in to Nojawan Bharat Sabah and become a very famous platform for all the well known persons of India(2)

This was the time period when an open agitation was started against the British Government As mentioned above Simon Commission came in 1929 in India to assess the Indian constitutional development Kaka Ji Sonober Hussain had also met with the commission and presented their suggestions but made their own recommendation So the commission could not reach any ultimate decision and went back

Kaka Ji was also against the Gandhirsquos view of non violence He has his opinion that we should fought against the British with the weapons and show them our powers of being Pakhtuns otherwise the English would never give us freedom Kaka Ji always condemned the non violence policy and openly commented that non violence might be good for the Hindus but it is not good for the Muslims He was very much against the non-violence Movement of Abdul Ghaffar During one of his speech he said that although he was agree with Ghafar Khanlsquos view that the British should leave India as soon as possible But he was not agreeing with the policy of non violence Kaka JI said it is against the nature of Pakhtun society He believed if Pakhtun would adopt non violence policy it would boost up the morale of British government(3)

A major difference between the Khudai Khidmatgar and Kaka Ji Sonober Husain was he was not ready to compromise at any cost he was a strict man and can never bent in front of British While the Khudai Khidmatgars have different stance Qissa Khawani Bazar massacre is an example of bending the Khudai Khidmagars in front of British Deepest study widest observation and longest experience made the man perfect Kaka Ji had these three qualities He was not a confused personality Therefore he never steps back to his mission Due to his open speaking abilities he was disliked by the British government He was first arrested in 1930 and sent to jail He was arrested due to his radical political ideas in 1930 He was released in 1931 from D-I-Khan(4)

He was sent to jail several times but he did not lose heart When he got rid of the bars he came as a change man in his thoughts So he laid more emphasis on political organization After coming back from jail he becomes more violent and practical He started his own newspaper ldquoSILABrdquo It brought flood in actual sense in the sustain politics of the British hegemonic powerful entity But it could not run for so long time because of the British agitation To stop his activities Government issued warrant for his arrest and kept banned on his publications This time he was alleged severe blames(5)

He was advised by his friends to leave the present place now and should go to peaceful region Kaka JI agreed with the advice and left his hometown for tribal areas Kaka JI left the area and went to Bajor There he met with Haji Sahib of Turang Zai He was also a radical person who was already there and working against the imperialism He joined hands with Haji Sahib and work with him for 18

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 12: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

12

years until partition During this whole time period he remained in touch with Haji Sahib of Turang Zai After the death of Haji Sahib Kaka JI had crises with sons of Haji Sahib so he left Ghazi Abad for Utman Khail After partition he came back to his home town and again started the publication of Pashto Magazine name as ldquoASLAMrdquo He also initiated Olasi Adabi Jirga It was a well known organization and contributed a lot in the development of Pashto literature The charismatic personality of kaka ji attracted the poets and other scholers in organization(6)

Kaka JI was also a fearless man like Faqir of Ipi He was a well known poet journalist and a politician he spent his life in fighting against the British government He fought for freedom and struggled for the liberation of the region and country He was true Muslim and never believes in any of the discrimination He has spent his whole life in serving the humanity But along with all that he promoted Pashto literature too(7)

He was a writer a politician a poet a revolutionist and a man of principles He wrote on political and social problems rooted in the society He was a unique intelligent man who has different aspects in his personality He was a great nationalist and a true patriotic poet He wrote in Pashto language He was also a fearless man a devoted politician and a brave journalist of India He worked hard during the freedom struggle in the Asian region at NWFP He spent his life to oust the British from the region He adopted his own way He used to write such type of poetry which motivated the people for freedom cause One of the examples of his poetry is given under(8) (A selected Poem of Kaka JI)

ــورو ــتر-و تــــــ ــ ســــــ ــپ ېد 3ک+ــــــ ــخ نيســــــ ــکاره مــــــ راــــــ +ـــــــــود5ک روقمـــــــــ مسشـــــــــ ېانـــــــــدبور نـــــــــوم خلقـــــــــوــه چـــــی ــتا يـــــ3 بـــ ــل د ســـ ــوان دويـــ ــ تـــ ــهᄁ ؤ نـــ ــ زړو پـــ 3ک+ـــ

+ــــــــــود 5ک دلبــــــــــر د نــــــــــوم تــــــــــا پــــــــــه خوارانــــــــــو ېد ي8يــــــــغ8 ه ك+ــــــــ3پــــــــ ســــــــاز 3نــــــــيم د ســــــــتا دغــــــــهــ ــ غـــــــزل پــــــــه چـــــــا نـــــــور 3-نـــــ +ــــــــود5ک هنـــــــر 3ک+ـــــــزان ســـــــر ېچـــــــر يـــــــ3 چـــــــی ــ وتـــــــه خـــــ ــ يـــــ ــوᄁ نـــــ شـــــــه ــت پــــــ ــر ايرــــــ ــوم ېاد ېپــــــ ــنوبر نــــــ ــود5ک 請ــــــ )9(+ــــــ

On the emergence of Pakistan in 1947 he came back to his home after a long journey(10) He started his magazine again but now with the different name of ASLAM which was a standardized Pashto magazine He also laid down the foundation of ldquoOlasi Adabi Jirgardquo for the promotion of Pashto language and literature He was a revolutionary person He died in 1963 and was buried in his own village

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 13: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

13

References

(1) Idrees Sonober(2013 11 April Thursday) An introduction to Sanobar Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(2) Zar Ali Khan(2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

(3) Ibid (4) Hanif Khail (2006) Kaka Ji Sonober Hussain Shakhsiat Aur Fun

Academy of Letters Islamabad Pakistan p22 (5) Ibid (6) Zar Ali Khan (2009 July 28) Kaka Ji Sanober Hussain a Revolutionary

Politician Zar Ali Khan Journal (7) Idrees Sonober (2013 11 April Thursday) An introduction to Sanobar

Khan Sanober Retrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

(8) An Introduction to Sanobar Khan Sanober (2013 April 11) Retrieved on April 26 2013 from httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml by idrees sonober

(9) Ibid (10) Ibid p31

Bibliography

1 Khan Zar Ali (2009 July 28) Kaka ji Sanober Hussain a Revolutionary Politician Zar Ali Khan Journal

2 Khalil Hanif (2006) Kaka Ji Sonober HusainShakhsiat Aur Fun IslamabadAcadamy AdbiatIslamabadPakistan

3 Sonober Idrees (2013 11 April Thursday) An introduction to Sanobar Khan SanoberRetrieved on May 1 2013 from httpsanobaridsblogspotcom httpsanobaridsblogspotcom201304an-introduction-to-sanobar-khan-sanoberhtml

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 14: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

14

The Nexus of Religious Extremism and Pakhtun

Culture Myths and Realities

DrAbdul Qadir Khan

Dr Adil Zaman Kasihearts

Syed Amir Shahclubs

Abstract

After the end of cold war the ascendency of Taliban in Afghanistan the rise of religious extremism in frontier regions of Pakistan and Pashtun nationalism has become one of the hotly debated issues The Pashtun identity its historical evolution and relationship with religion can be depicted from a statement of Khan Abdul Wali Khan which he gave during 1980s that whether he was a Pashtun first a Pakistani or a muslim His famous reply was that he had been a Pashtun for last three thousand years a muslim for thirteen hundred years and a Pakistani for only twenty five years This statement shows a complicated nature of Pashtun nationalism especially in wake of post 911 world in which a rise of Taliban phenomenon has overshadowed many of its original foundations Many scholars in the west and from within the country attribute the rise of talibanization in Pashtun society to the culture of pashtuns To them Pashtun culture has many aspects that help promote radical ideas For examplethe overwhelming majority of Pashtun population adheres to deobandi school of thought unlike in Punjab which follows brelvi school of thought Similarly the rise of talibanization is also cited as an evidence for their claim that Pashtun culture is very conducive for promotion of radical ideas Thus these scholars draw close relationship between Pashtun nationalism and talibanization and make them appear as two faces of same coin However there are others who approached this issue from a completely different perspective They try to prove that the two phenomena of Pashtun culture and religious fundamentalism like Talibanization are two completely separate issues which have nothing to do with each other They resist all those false notions that create a link between Pashtun culture identity and traditions with that of talibanzation This article is an attempt to unpack the contemporary debate by exploring various angles of Pashtun culture in order to understandthe true nature of actual debate and finally come to the conclusion with better

understanding of the issue

Talibanization as Pashtun Culture

A number of scholars and critics believe that talibanization is expression and manifestation of Pashtun culture and nationalism Robert D Kaplanargues that the

Assistant Professor Department of Political Science University of Balochistan Quetta hearts Assistant Professor Department of Political Science University of Balochistan Quetta clubs Lecturer Department of Political Science University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 15: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

15

Taliban constitutes merely the latest incarnation of Pashtun nationalism(1) Another writer Michael J Totten writes

Almost all areas that are either Taliban controlled or Taliban influenced are Pashtun the Taliban are more than an expression of Pashtun nationalism of course They represent a reactionary movement that idealizes the simplicity and extreme conservatism of 7th century Islam By burnishing this ideology the Taliban is able absurdly to attract support beyond its Pashtun base the ethnic component though is a formidable one It all but guaranteed a certain degree of success by the Taliban in all of Pashtunistan in Pakistan as well as in Afghanistan Yet all the while the ethnic map imposes constraints if not limits on how far the Taliban can expand(2) This view that pashtuns are taliban has strong supporters in US scholarship

They try to emphasize a strong link between Pashtun ethnicity and religious fundamentalism And due to this close relation they argue that a fight against Taliban is unwinnable because of the ethnic dimension This view is also propagated by Selig Harrison He writes

To American eyes the struggle raging in Pakistan with the Taliban is about religious fanaticism but in Pakistan it is about an explosive fusion of islamist zeal and simmering ethnic tensions that have been exacerbated by US pressures for military action against the Taliban and its Al-Qaeda allies Understanding the ethnic dimension of the conflict is the key to a successful strategy for separating the Taliban from al-Qaeda and stabilizing multi-ethnic Pakistan politically(3)

In Afghanistan the threat to Pashtun nationalism from rival ethnic groups like the Tajiks is the basis of the Pashtun support for the Taliban insurgency Tajiks hold key posts in the afghan government which breeds resentment among the Pashtun the largest single ethnic group in Afghanistan In both Pakistan and Afghanistan Pashtun population appears to be in a state of tension with the state dominated by a competing ethnic formation

The potential outcome of this fear is that Pashtun in both Afghanistan and Pakistan might unite across the Durand line (which is often seen as line of hatred that divides brothers) The threat is that a unified pashtunistan would be led by a radical islamist leadership as the Taliban would be likely to capture the leadership of Pashtun nationalism However another writer Adnan R Khan draws parallel from practices of Taliban and Pashtun culture He argues that Pashtuns believe that there are many things that are common in both Islam and taliban for example hospitality taking revenge veiling of women dress code etc(4)

However in reality the relationship between Pashtun culture and Talibanization is much more complex and goes beyond ethnicity aloneIn the initial two decades of creation of Pakistan the Pashtun nationalism was much stronger However later on the Pashtun nationalist parties renounced confrontational politics with state oppressive structure and started to integrate itself in the political economy

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 16: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

16

of the state The first problem in this regard happened when the secular Awami National Party (ANP) joined hands with the religious right wing parties of Pakistan in order to remove the government of Zulfiqar Ali BhuttoThis ultimately resulted in the military coupe of 1977 by General Zia This period was a great setback to nationalist parties as in this period the seeds of militancy was sown in Pashtun society

Another complex phenomenon is the differentiation between Afghan and Pakistani taliban Afghan Taliban used religion to maintain their dominance in relation to the non-pashtun Northern Alliance while Pakistani Taliban actively sought to transform the state and society in Pakistan The Pakistani Taliban manifested their aspiration to change the state and indeed the entire ideological make up of Pakistan In other words the Pakistani Pashtun Taliban have acted as a centralist rather than a separatist ideological force notwithstanding their temporary takeover of certain tribal areas This shows how much Pashtun nationalism has weakened over the last thirty years(5) In fact the nature of Pashtun nationalism has considerably changed during last few decades The change has happened from secular nature to a more religious version of nationalism

The divide between Pashtun Culture and religious extremism

The mainstream intelligentsia seems to be divided about the nature of Pashtun nationalism One group sees talibanization very much compatible with Pashtun culture To them confinement of women to homes compulsory wearing of burqa ban on female mobility in public sphere ban on girls education ban on music compulsory beard killing people by slitting their throats preference of madrassa over school education punishment for not saying prayer and above all going mad in revenge and eliminate innocent and perceived enemies without discrimination all are Pashtun culture But on other hand the second group of intellectuals argue completely oppose this viewpoint This second group of intellectuals holdthat Talibanization is very different from Pashtun culture It has nothing to do with the age long code of Pashtunwali In fact both talibanization and Pashtunwali stand opposed to each other

The first problem arises from the stereotyping of Pashtun into very simplistic terms People tend to take Pashtuns as a very homogeneous population which they are not They are depicted as monolith identities having no difference between them They are hard brave and brutal British called them Martial race in order to bring them into royal army Pashtuns are often depicted as blood thirsty for badal (revenge) which they must take at any priceThese all are stereotypes and a very simplistic view to see a culture Most of the social scientists will disagree that each and every Pashtun would take to violent means in the name of revenge Agreed that revenge is an important notion of the code of Pashtunwali but nevertheless this is a notion When put to a practice it may take different forms not necessarily the violent form It

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 17: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

17

is wrong to portrayal Pashtuns as savage and uncivilized who can be so blinded by revenge that they do not differentiate between the innocent and guilty This process of revenge is strictly governed by a tribal code of Pashtunwali There is nothing in the code of Pashtunwali than sanctions or even justifies indiscriminate use of violence in revenge Revenge is a qualified notion in the code There are clear limits to who can be targeted for revenge Such limits are not respected by the Taliban Innocent people women and children (even from the enemys family) are never the targets of revenge killing according to the code of Pakhtunwali(6)

This ancient code of Pashtunwali has not been respected but replaced by Taliban who has killed indiscriminately elderly women and children

Secondly the Pashtuns are as diverse a social and cultural group as any other ethnic formation It is necessary to acknowledge the multiplicity of Pashtun culture as well as the fact that their religiosity can sometimes be overrated by outsiders It is fact that most pashtuns have deep respect for the religion Islam But at the same time they have worldly pursuits in life that are very important to them Whether they would give up their worldly pursuits for the sake of religion as interpreted by their fellow Pakhtun Taliban at the gunpoint is a big question mark An example with make this statement clear Many Pashtun businessmen are notorious for taking heavy interest on the loans they make to people This is clearly forbidden in Islam but this practice is rampant in Pashtun businessmen Similar is the case for inherritence to female children Islam strictly sanctions and give female offpring right to inherit property from their parents However in Pashtun culture it is rarely seen that female would get their share of inherited property

Another element of Pashtun culture which is not tolerated and forbidden by Taliban is various forms of art Art has been an integral part and has played a very important role in Pashtun culture Pashtuns are fond of Attan (traditional dance) singing and other art forms However since the Talibans occupation of the area these age-long traditions have been banned Hence only outsiders who are not well informed would think that the local people would be supporting the occupiers who have replaced their melodious Pashto music with jihadi anthems that are played

loudly throughout the region(7) before the rise of the Taliban no one ever heard of attacks on musicians and music shops There have always been men with and without beard among the Pashtuns Those with beard never forced the others to grow beard There have always been Pashtun who were regular in saying daily prayers and those were not so regular and even those who hardly say any prayers for years and years Before the Taliban it was unheard of that those who are regular in saying daily prayers would force the other to be regular in prayers too

Another thing which is tolerated by Pashtun culture is the sectarian diversity among the pashtuns but it is violated by Taliban Most Pashtuns are Sunni muslims but there is significant minority which belongs to Shia sect For centuries the two sects lived in peace until the Taliban came on scene and tried to impose their

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 18: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

18

Wahabi-Deobandi brand of religion on all other sects Many Sunni Pashtuns would participate in Ashura ceremonies and helped in their arrangements But the Taliban consider Shia sect as kafirs (infidels) who are liable to be murdered Taliban particularly singled out Shiite soldiers of Pakistan army for beheading when they were captured However it is important to note here that for major part Shia Sunni rivalries did not exist instead what one witnessed was tribal rivalries which came to be cloaked in sectarian garb in the heat of the moment(8)

Another Pashtun value that the Taliban have violently insulted is the reverence for the Jirga (the council of tribal elders) Evolved over centuries of Pashtun history the institution of Jirga has always been respected by Pashtun in all circumstances Parties long engaged in a blood feud would temporarily cease hostilities during Jirga proceedings and on the instructions of the Jirga The Taliban have attacked with suicide bombings at least two grand Jirgas one in Darra Adam Khel and the other in Orakzai agency killing the entire tribal leadership of these areas Taliban have even been attacking funeral ceremonies which are indeed a very inhumane act in any culture These practices have nothing to do with Pashtun culture Taliban basically draw their inspiration from a distorted view of Wahabism while Pashtun nationalism seems to spring from the ancient Pashtunwali code

The Taliban are accused of violating another set of Pashtun values that have been held dear for centuries These are family values that are defined and articulated within the Pashtunwali code For example a womans appearance and mobility in the public sphere were matters that were adjudicated by the family which alone had a right and privilege in these matters With the coming of Taliban the control over the womens clothing and movement has passed out of the hands of family members to unrelated Taliban who forces women to wear burqa or determine their movement in the public arena There are many areas where Taliban have forbidden women from going shopping or stepping out of their homes with threats They have even publically executed a woman on charges of adultery or prostitution

The Pashtun culture is not only internally diverse but also constructed as flexible and adaptable in response to social and historical change In other words like all cultures it is dynamic and evolving This is a quality of culture that the Taliban influenced by a historical fundamentalist vision are unable and unwilling to grasp The Pashtun culture is not static but still changing like any other culture For example shuttlecock burqa once perceived as a part of Pashtun customs has been discarded in several Pashtun communities The universal norm is now Chadar the length of which varies across the communities Similarly more and more Pashtuns are giving priority to female education Taliban are violently destroying girls educational institutions because they do not conform to the Taliban world viewBefore the rise of Taliban no one had heard of violent reactions to Pashtun women who had transgressed the boundaries and confinement of their homes

In this regard Escobar writes

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 19: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

19

Islamic extremism or what they mistakenly call Talibanization in the west is directly opposed to Pashtun nationalism It is eroding Pashtun nationalism in a big way The most favorite targets of the Taliban include symbols of Pashtun nationalism like the tomb of saint poet Rehman Baba which they have bombed out as well as schools artists houses etc(9)

CONCLUSION

The conclusion can be drawn from the debate that Pashtun nationalism and Pashtunwali has nothing to do with the extremist religious ideology of Wahabism which is popularly known as Talibanization Before 1979 Islam played a supplementary and secondary role in the articulation of Pashtun nationalism It was after the soviet invasion of Afghanistan that radical forms of Islam began to replace the secular nature of Pashtun nationalism Nationalism tends to bind territory identity and citizenship into the sense of nationhood that is shared by all members of the nation And according to Olaf Caroe the Governor of NWFP the Pathans were from almost every point of view ethnic linguistic geographical historical different

even from the muslims of the Punjab(10) Taliban do not represent Pashtun nationalism They do not draw their inspiration from Pashtun culture identity or history Their ideology has been imported for them from the real basis of pan and political Islam across the indus This ideology has more to do with the regional ambitions during General Zia period of rule Pashtuns have in fact greatly suffered at the hands of Taliban One can mention thousands of innocent girls in Swat and FATA who have been deprived of education through intimidation and destruction of their schools not to mention thousands of them that have been displaced

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 20: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

20

References

1Kaplan R D (June 2009) The revenge of Geography Foreign Policy institute Washington

2Totten M J (2009) The Taliban and Pashtun Nationalism Retrieved 2014 from wwwMichaeltottencom httpwwwcommentarymagazinecomblogindexphptotten64212

3Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

4Khan A R (2009) The Dirtiest WarSabawoon Online 5Ejaz M (2009 August 19) Pashtun NationalismDaily Times

6Saigol R (April 2012) The Multiple Self Interfaces between Pashtun Nationalism and religious conflict on the Frontier South Asian History and Culture

7Taj F (2009 November 2) Objectifying The PakhtunThe News

8 Ibid

9Escobar P (July 2009) Kashmire Ground zero of JihadSouth Asia Journal

10Caroe O (2000) The PathansKegan Paul International London

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 21: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

21

Culture Language and Literature the Inseparable Entities

Jaffar Shahlowastlowastlowastlowast

Syed Hussain Shahclubsclubsclubsclubs

Abstract Culture language and literature are the entities that function together in a common setting for the furtherance of human values and traditions These are the instruments which function as mirror to the society in which they exist They are voice to human communication and the reflection of their productivity capability inner thoughts and congenital talents They together provide a true basis to a sound society This paper is meant to explore the inter relationship between culture language and literature and the nature of relationship between them In the light of the earlier theories and the findings of this paper show that the three entities are integral and inseparable All languages and every literature in the world are deeply influenced by the culture in which they have their existence Culture language and literature are the most common things in every civilization They are indispensable for the personality development of the civilised people Every human being in this planet has some culture some language and literature of which he is proud of and which explain his life style in a nut shell Culture language and literature cannot exist without each other Culture is the base language is the medium to culture and literature while literature is the source that reflects culture in its true spirit

Key Words Correlation Culture Language Literature

Introduction

The main purpose of this paper is to figure out the inseparability between culture language and literature in every society Moreover this paper is also aimed at investigating the nature of relationship between the three entities To explore the interrelationship between them the three entities will be discussed respectively and then juxtaposed to substantiate the findings of the study

Culture According to TS Eliot (1961) culture is a capital and source for developing

all cultures and knowledge so as to overcome all human sharing problems for helping economical stabilization and political protection Spencer (1986) considers culture the environment of super organic and explains the separation of culture from

lowast Lecturer Department of English Balochistan Agriculture College Quetta Pakistan clubs Lecturer Department of Education Govt Boys Inter College Brewery Road Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 22: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

22

physical and natural elements He highlights that the super organic element is only for man while the rest of the two elements are the same for man and animal Edward Sapir (1956) defines culture as a system of behaviours and manners that rely on unconsciousness Culture is learned and shared within social groups and is conveyed by non genetic ways (The American Heritage Science Dictionary 2005) Kroeber and Kluckhohn (1952) deem civilization and culture as one body and they think that the two terms have been used together For them they both depict different features of the same subjectAn anthropologist named Taylor (1974) says that culture comprises of expertise beliefs arts ethics codes customs and manners that a person being a member of a society receives from his own society Goodenough (1996) says that culture is the only difference between human beings and animals Animals also live in alliance but culture is a specific kind There are a lot of uniform features between human and an animal life such as responsibility towards children and so on but culture is for men only Nowadays the word culture is commonly used to mean some trend such as food culture tourism culture urban culture rural culture British culture education culture and so on The word culture in now linked with all disciplines of knowledge Culture means ideas manners convictions norms knowledge which are congenital and which are received from the earlier generations Culture means the style of living and the behaviours of a specific group of people who have common customs which they receive and impart to the later generations

It is not our choice to see light of the day in an environment of our desire and choice Every human being becomes a part of some smaller or larger group at birth Thus we are bound to be the integral part of some culture Such a group gives us a unique identity in terms of manners ideas skills standard and style of living creativity and costumes Culture also differentiates civilised from the uncivilised We do not bring culture with us when we are born rather we are bound to be part of some culture when we are born Our culture is our first ever school which provides us with an environment in which we flourish to be civilised and learned We must not forget that the nature of a culture in which we are born has great significance in our lives If we get a culture at birth which is rich in all aspects we are lucky enough to receive many productive elements without effort There are cultures which have thanks to the efforts of the earlier generations environment of knowledge literature ideas traditions creativity People who get such a culture at birth make good in life because they receive the seeds of a civilized life at an early age On the other hand there are also cultures which are deficient in knowledge and learning It is an unfortunate situation to be part of such a culture at birth

Literature and language are the most prominent tools of a culture Language is the medium while literature depicts a culture in its purest and realistic form Language is the elementthat gives a voice to both culture and literature

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 23: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

23

Language

Crystal (1971 1992) explains language as ldquothe systematic conventional use of sounds signs or written symbols in a human society for communication and self expressionrdquo Saussure (1956 1972 19741983) introduces language as the system of differences ldquoIf words stood for pre-existing concepts they would all have exact equivalents in meaning from one language to the next but this is not truerdquo (Saussure 1974) According to Saussure (1974) language is a system of sounds For him a sign has a signifier in the form of the sound-image or the written shape and a signified (a concept) in a way that they both are inseparable with each other According to him the sound-image cannot be separated from the concept He compares language and thought to a sheet of paper thought is the front part of the paper and sound the back part

Literature The word literature comes from the Latin Litarituralitteratura which stands for

ldquowriting formed with lettersrdquoThere are tens of thousands of definitions for literature Therefore the definition of literature has always been a difficult question In a strict sense literature stands for works of literary merit only but generally and broadly speaking literature includes any written work Literature is both fiction and non-fiction Literature can be poetry and prose it also includes novel short story and drama According to Merriam-Webster Dictionary literature means written works (such as poems plays and novels) that are considered to be very good and to have lasting importance It includes books articles etc about a particular subject The definition also includes into literature the printed materials (such as booklets leaflets and brochures) that provide information about something

In antiquity and in the Renaissance literature or letters were understood to include all writing of quality with any pretense permanence (Wellek 1978) According to McFadden (1978) literature is a canon which consists of those works in language by which a community defines itself through the course of its history It includes works primarily artistic and also those whose aesthetic qualities are only secondary The self-defining activity of the community is conducted in the light of the works as its members have come to read them Thus in antiquity the focus to define literature was on some set criteria that were mandatory to be met so as to come at par with the standard Today the term literature is used in a broader sense than it was done in the antiquity

Culture language and literature The American anthropological linguists Benjamin Lee Whorf (1897-1941) and

his teacher Edward Sapir (1884-1939)developed a hypothesis which explains that a language determines the thought and perception of its speakers In a way that no language can exist except it is in the context of culture and reciprocally the culture which does not have at its centre the structure of a standard and ordinary language

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 24: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

24

cannot survive (Sapir 1921)This hypothesis is a theory of the kinship between language and thought developed by the two linguists This is the theory of the linguistic relativity The focus of this hypothesis is that every human being views the world by his own native language

Language and literature are part and parcel therefore it is important to ascertain their relationship before trying to juxtapose them with culture Language is the medium without which literature has no existence Literature finds its expression in language in which it is produced Literature functions as a garment to a language Language gives voice to literature but despite it a language without rich literature fails to achieve prominence All famous and developed languages in the world have their prominence and glory thanks to rich and prolific literature Literature in its true nature enjoys more freedom than language Language is bound to have some limitations of the environment of its existence Literature on the other hand has universality and comprehensiveness that allows it at times to ignore limitations and barriers of the environment in which it is produced Literature is an art that flies on the wings of soul Literature and language both are deeply influenced by the culture to which they belong

Language and literature reflect the culture of their existence But literature is more universal and comprehensive and independent in most cases than language in relation to culture and other like factors in an environment It is not that only language and literature depend on culture culture also depends on them for its projection and development Language and literature are the most prominent features of a culture Without them a culture cannot be rich and prominent They portray different colours of culture and also transmit these colours to the later generations

Discussion

Language and literature have close correlation with some culture in a common environment Language is a medium for both literature and culture It is not easy to get comprehensive understanding of the languages except when they are taken in terms of the cultures in which they are deeply rooted Culture language and literature are always studied together English for instance is spoken by most of the people around the world no matter whether they are native speakers or they speak it as their second language British Empire in the history spread to out skirts of every continent and this made English lingua franca of the World English language has glimpses of many cultures ethnicities and religions English language has vocabulary imposed on it by the speakers of the land where it is either used as native language or second language

Culture in the present world has more than one meaning Culture stands for a trend also in a broader sense it stands for civilization it its specific sense it also specifically stands for beliefs skills dress art (music literature etc) manners standard and style of living and language of people who have lived through many generations in a common setting These elements have been passed through ages

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 25: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

25

generation to generation The words lsquoculturersquo and lsquoculturedrsquo are commonly taken as synonyms for civilization and civilized respectively This concept reminds us of the antiquity where being cultured and civilized meant having great skills in art literature modes and institutions This concept prevailed throughout the reawakening epoch of the Renaissance and the Augustan Era of eighteenth century

The word culture may have several interpretations Culture also means knowledge gained in a social life the knowledge that some one gains thanks to being member of a specific society With regard to most of the cultures we must keep in view different levels of reality for instance that the truth in a religious knowledge is analysed at different levels from that of factual statement In this Science is also a part of culture Moreover with regard to language and culture common sense knowledge has more significance than scientific knowledge

There are a number of features in human life which are the outcome of transmission There is undoubtedly a congenital capability in humans to acquire some language But this is not true for the most part when it comes to the kind of language that we are bound to learn in a specific culture But we must not forget that it is because of our culture that we receive the kind of language that we must in our particular environment We get a particular language thanks to a specific society in which we exist By virtue of genes we have this special ability to acquire language still we cannot be able to learn the language of our choice unless we get an environment required for it We have to learn a language that we encounter within a particular society This proves the strongest interrelationship of language and culture This also substantiates the argument that a human being requires both biological faculty and a culture so as to learn a particular language Linguistic capability is never out of the range in which the word culture is rendered for definition

The influence of language on thought is the focus of the hypothesis presented by Sapir and Whorf It may be borne in mind that memory and thoughts are greatly influenced by well-chosen words and expressions People always enjoy the things for which they have suitable words and expressions available in their languageThe interrelationship of culture language and literature is dealt with at general and with a plea that people who share same language should have a shared culture and literature This may not be true in case of many languages and cultures The perception widely exists throughout the world

The correlation of culture language and literature is commonly accepted throughout the world There are languages in the world and most of them have their respective literatures In the same way these languages are the part of some respective cultures Language is the key to a culture and to a literature Even a language is always interpreted and deemed important only in terms of a culture and a literature to which it belongs This is true in case of all the languages literatures and cultures of the world We have many regional languages over here in Pakistan and we have languages such as Pashto Balochi Brahvi Urdu Sindhi and the so on All

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 26: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

26

these languages are associated with some specific cultures and they reflect the colours of their respective cultures These languages are nothing without their cultures and literatures and vice versa Every literature seems to take culture as its base so as to give the true representation of the society in which it has to get some receptivity Thus culture language and literature are so inseparable that the three entities without each other seem to be the missing of one integral part Languages and literatures get response when they represent the ethos of some particular cultures in the same way a culture achieves a universal status only when the language and literature associated with it succeed to spread and promote it in the real sense

Conclusion

In the light of the above arguments and discussions it may be concluded without any fear of contradiction that the three entities culture language and literature are closely related with each other There is strong interrelationship between culture language and literature and there is even stronger correlation between every language and literature with their particular culture These are the entities that if separated leave each respective entity without any significance Of these three entities culture is the body while language and literature are the parts for the body which are integral to the existence of the culture Language is the mirror to reflect different ethos of a particular culture Culture is the tree and language is the source that rears its existence Literature on the other hand is the tool that with the help of some strong language attempts to illustrate culture its true sense Literature is something that remains alive through thousands of ages Literature is immortal and bestows its eternity upon culture and language Literature is the transmission channel for culture and language through countless ages Literature makes it possible for generations that come centuries later to gain knowledge of the culture and language of the generations years and years back Literature chooses the best words and expressions from language and portrays culture in a way that makes a lasting impression Language may go through different stages and get changes with the time but literature on the other hand depicts language in its original shape from every age Thus it may be said that none of the three entities have a proper existence without the other two The three entities are undoubtedly inseparable and together only make a proper representation of a sound society

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 27: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

27

References

(1) Crystal D (1971) LinguisticsHarmondsworth Penguin ---- (1992) LinguisticsHarmondsworth Penguin Eliot TS (1961) Notes

toward the Definition of Culture London Faber and Faber (2) Goodenough WH (1996) Culture In Levinson amp Ember (Eds)

Encyclopaedia of Cultural Anthropology Vol 1 New York Henry Holt and co (3) Kroeber A L and Kluckhohn (1952) Culture A Critical Review of

Concepts and Definitions Cambridge MA Peabody Museum (4) Merriam (2001) Webster Collegiate Dictionary (10th ed) Springfield MA

Merriam Webster (5) Sapir E (1921) Language New York Harcourt Brace ----- (1956)Selected Writings in Language Culture and Personality Berkeley University of California Press (6) Saussure Fde (1956) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (7) Saussure Fde (1972) Course in General Linguistics (R Harris trans)

London Gerald Duckworth (8) Saussure Fde (1974) Course in General Linguisticstr Wade Baskin

London Fontana (9) Saussure Fde (1983) Course in General Linguistics (Ch Bally trans)

London Gerald Duckworth Taylor EB (1974) Primitive Culture Researches into the Development of

Mythology (10) Philosophy Religion Art and Custom New York Gordon Press The American Heritage Science Dictionary (2005) Houghton Mifflin

Company Whorf BL (1956)Language Thought and Reality Selected Writings of

Benjamin Lee Whorf John B Carroll (ed) ed MIT Press

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 28: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

28

An Analysis of Mottves behind Change of Pashto Language within

the Socio-Linguistic Context in Pakistan A Case Study of New

Generation of Afghan Migrants

Zainab Akram

Hajira Masroorclubs

Abdul Rehman Kakarhearts

Abstract

The present study with a methodological empirical and theoretical approachstarts with an overview of the purpose of language and its change which take place due to the motivations or situational factors which are traced to be migration behind the emergence of Pashto as a new language variety The emergence of the new variety leads to a certain Development and Modification of Pashto in spoken This study focuses on the Socio-Linguistic analysis of language change as a general phenomenon The study limits it to the changes that occur in Pashto in Pakistan due to Afghan-MigrationThe Labovrsquos Approach to language change provided the theoretical framework for the study Migration is main reason of language change of Afghans therefore it is engaging to extract the linguistic features which distinguish Pakistani Pashto language from that of Afghani variety The study focuses on what are the motives and needs which compel the language into a new shape by the users to accomplish their interpersonal goals within social context in Pakistan The methodology for the study grounds on exploratory paradigm ie the qualitative mode of inquiry is used for this purpose The Data is collected by interviews from socially well established and struggling categories of migrants and Pakistani natives By applying comparative analysis and internal reconstruction technique the differences in linguistic features between both verities of Pashto are traced The findings of the study depict the amalgamation of two diversified-varieties contributing in the formation of new version of Pashto of Pakistani natives The findings also reveal that the emergence of the new variety rests on the reason of the social communicational need as the prime motivational factors in language change

Key words Language language change Socio-Linguistics Migration

1 Introduction

Language is a prime social tool used by people to transmit their thoughts ideas and cultural knowledge It is a primary mean to communicate and to get access to the content of speakerrsquos mind Language changes as time passes The reasons could belexical grammatical and phonetical Farrer and Jones (2002) asserts that language change can be experienced through a number of perceptions like internal system (intra-systemic acquiring of language) external (contact-based) and

Lecturer Department of English Sardar Bahadur Khan Womens University Quetta clubs Lecturer Department of English Balochistan University of Engineering and Technology Khuzdar hearts Lecturer Department of Pashto University of Balochistan Quetta

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 29: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

29

something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (FarrarampJones 2002 1)

As the language is passed down through generations the change in it can be quite surprising But it is reliable enough for parents and children to communicate with each other and society accordingly as it is inherited But according to linguistics language changes over time due to some regional differences despite the fact that living in one place for many years brings changes in a language that is spoken by new generation as it will be different from the one their ancestors speak

Behind language change are multiple reasons Language change can occur due to invasions wars conquests slavery colonization and migrations As a result of social economic or political pressures the needs of speakers encourage language change by the use of new and emerging terms That is because no two individuals can correspond in exactly same way of communication even within any particular language The vocabulary and phrases people use depend on where they live their age education level and status

International migration is not only the shift of people geographically but contains dynamic changes for multiple settings It is the shift of acculturation of an individualrsquos experiences the social contacts and gaining social identity It is supposed that migration of people is a leading cause of contact- induced change Besides an extra linguistic factor which leads to external motivation for language changeis the influence of the allocational patterns of linguistic terminologies used by speakers

Due to the interaction of mutually comprehensible dialect of the language between migrants a new variety is formed which is known askoineisation which is identified as a linguistic factor A number of studies have been conducted in this realm for example New- Zealand English(Trudgill 1986) HindiBhojpuri language dialect spoken in Fuji (Trudgill 1998) and amalgamation of Pashto (Afghanistan) and Urdu as a new Pashto dialect spoken in Pakistan (Siegel 1985)

A contact with other variety language speakers results in expansion of language and if this cannot happen a homogenous group of people would move to any isolated location (Thomason amp Kaufman 1988 Trudgill 1986) The Afghani migrates are found to be in continuous contact with Pakistani people (Thomasonamp Kaufman 1988 Trudgill 1986)

The act of Migration has influential consequences for the social foundation of three communities which areThe society of originthe society of destination and the migrants themselves (Lewis 1982 as cited inMangalam)Migration results in a formation of a socio- ethnical and lingual group that is reshaped and transformed in accordance to the demographical sphere at their ingress (Kerswill 1994)

SinceLanguage change can have internal (intra-systemic) external (contact-based) and extra-linguistic (socio-political and economic) motivations (Farrar amp Jones 2002) it is supposed that the migration of people is a leading cause of

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 30: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

30

contact-induced change by scrutinizing the Linguistic features that distinguish Pakistani Pashto from that of Afghani Pashto and that to what extent this change is accepted continued by the young generation among migrants who are borne and raised in the migrated context 2 Objectives

1 To analyze the reasons and issues behind language change 2 To investigate the situational factors behind the emergence of Pashto as a new language variety 3 To investigate motivations behind the emergence of Pashto as a new

language variety for the new generation 3 Literature Review

Language is also associated with social psychology which is in the phenomena that lie at its core Attitude change social perception personal identity social interaction inters group bias and stereotyping attribution and so on It is obvious that all the languages whether more spoken or less spoken change with the passage of time They change naturally just like the human life-span and they change slowly or fast But changes are not noticeable on the spot when this process is usually occurring but when it is done then speakers come to know that how much language has gained changes in its vocabulary pronunciation and all characteristics of the grammar of that unambiguous language There are many grounds of Language change for example Financial system Resemblance Language association the means of contact and literary surroundings

Language is being changed over the time and it has different reasons According to Some older linguists who tried to apply wave model to existing data that language change is due to lexical diffusion the recent finding of theoretical approaches of nineteenth century has high lightened the historical problems of linguistics (Labov 1974 Harris 1980) The space of language that learners can attain is established by the internal knowledge of universal grammar comparatively what language children do attain is established by the external linguistic experience in environment (Yang C 2001)

The Internal and external factorsaccording to Gerritsen and Stein (1992) are different in themselves For example internal factors are related with establishment of morphological regularity analogical leveling and possible analogical extension or with the reallocation of words Relocation of sense relations while external factors are related with symbolical role of language in society

The socio-historical context according to Sankoff (1980) leads to Language Changes due to the migration of the people from one place to another just because of the different reasons like social inequality resulting from wars conquests colonialism slavery so people are compelled to migrate When people migrate from one place to another then they adopt each otherrsquos language and from this reason language changes over time off and on (Sankoff 1980)The linguistics changes

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 31: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

31

within a language by different linguists are suggested to be on the levels of phonology morphology and syntacticThe edge between sound and grammatical level of change can be clearly demonstrated by phonological change in grammatical restructuring(Sankoff (2001) Some borrowed elements in Pashto have been morphologically verbalized with the indigenous infinitive ending -edal eg šarmedal ldquoto blush be modest etc from Persian ldquošarmrdquo (Steingass 1998 p 742) On the syntactic level Pashto has adopted fewer Perso-Urdu grammatical features than other languages of the area For example it forms its relative clauses using the Pashto conjunction če rather than the PersianUrdu ki

Moreover contact comes out as great phenomena in language change Scheme relating to it have constantly been made because in so many occurrences contact is an option A criticism has been leveled at contact accounts as scholars have frequently been ready as well to agree to contact as a foundation to the abandon of interior factors or hereditary features with in a language (Milory 1985)

4 Data Analysis

Conversations of Pakistani new generation are analyzed in terms to what extent it is different from their ancestors and what are the languages contributing in the emergence of this new variety of Pashto For this purpose the technique of comparative analysis and internal reconstruction method are applied where features of Pakistani and Afghani Pashto are compared

41 A conversation from socially established category The conversation which is going to be evaluated has been taken from upper

middle class family where both conversations are related to similar topic One conversation is in pure Afghani Pashto which is spoken by the original migrant and her son which manifest the old version spoken Pashto New generation has taken education in Pakistani institutes so their language has been changed due to social interaction owing to this phenomenon new generationrsquos spoken Pashto language reflects changed version Meanwhile mother due to belonging from upper middle class does not have much interaction with society her language could not be changed much Yet there are some differences in the language of both generations Conversation Son Talking to Mother about his Marriage 411Evaluation of Sentences

Sentence no one Son Salam Mor Janay Sanga Ye Wraz De Sanga Teiregi (Afghani

Pashto) Son Salam Mora Sanga Ye Wraz De Sanga Terezhi (Changed version) Translation hello mother how are you How are your days going on Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 32: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

32

These sentences have been taken from two generations peoplersquos spoken Pashto that possess same semantic features but they are little different in their phonological pattern

Sentence no one As people belong from upper middle class so there language is quite sophisticated ie the word ldquoMor janayrdquo is being used for addressing mother comparatively in the sentence of new generationrsquos person This extra sophistication is being removed and instead of calling mother ldquoMor janayrdquo is replaced by ldquomorrdquo only While living in this society usually mothers are not being called by modern name even in middle class families

Sentence no two Mother Walaikum SalamZoyaKha Yama Ta sanga Ye Zama Grana Nan

Sanga ParMor de Pukhtana Kaye(Hai)Lmar La KumayKhwaRawakhatalai (Afghani pashto)

Mother Walaikum Salam Zoyasha Yama Ta sanga Ye Zama Grana Nan Sanga ParMor de Pushtana Kaye Hailmar da kumKhwaRakhatalaidai (Changed version)

Translation hello I am alright sonHow are you How could you ask your mother today (Irony) where from sun has arisen today (Idiomatical phrase used in Pashto language)

Analysis In these sentences semantic is same but words used for similar thing are

different which occupies phonological change Sentence no three Son Haha Mor Ta khuPohegayZa Sa DartaWayelGhwaramKana Zma

Aga DeraKhwakha Da (Afghani pashto) Son Haha Mor Ta khu pa PahezhayZa Sa DartaWayelGhwaram Kana

Zma Aga DeraKhwasha Da (Changed version) Translation Haha mother you understand well what I am going to say do

not you I like her a lot Analysis These sentences occupy same difference Sentence no four Mother WozmaBaacha Za de MorYemza De Le StargonaPohegamaChe Sa

De Pa Zra k Di (Afghani Pashto) Mother WozmaBaacha Za de MorYemza De da StargosaPohezhamaChe

Sa De Pa Zra k Di (Changed version) Translation yes my son I am your mother I understand from your eyes what

is in your heart Sentence no five Mother No Mor Jane Bya Wale Plar Ta Na Waye (Afghani Pashto) Son No MorBya Wale BaBa Ta Na Waye (Changed version) Translation then why you do not talk to father

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 33: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

33

Analysis These sentences have the difference only in terms or replacing the word

ldquoplarrdquo with ldquobabardquo which is optional as it is noun They give same meanings just way of addressing is different But the main reason of mentioning this difference is that in typical Afghani Pashto parents are mostly addressed as ldquomorrdquo which means mother and ldquoplarrdquo which means father and new generation has started addressing them by substituted words

Sentence no six Mother Sta La Sabra Jar Sham Ma De Plar Ta OwayalChezoy De Wada

Ghwari (Afghani Pashto) Mother Sta da Sabarqurbansam Ma sthaplarthaOwayalChezoy De Wada

Ghwari (Changed version) Translation your patience is valued dearI told him that your son wants to get

married Analysis The sentences above mentioned are different in vocabulary Words ldquoJar

Shamrdquo are being substituted by ldquoqurbansamrdquo although they give same meanings Sentence no eight Son Bya Translation Then Analysis There is no such difference in this word as the conversation belongs to upper

middle class family so there language is quite sophisticated in comparison with low class language as low class people have substitute of this word

Mother Byasa HamghaKhabara Ay Rata Wakra (Afghani Pashto) Mother Byasa agha Khabara Ay Rata Wakie (Changed version) Translation Then what he said same old things Analysis In these lines the difference possibly can be traced of inflectional

morphology in words Sentence no nine Mother KumaKhabara (Afghani Pashto) Son KamKhabara (Changed version) Translation What old things Analysis These sentences also occupy variation of accent 42 A conversation from socially struggling category This is the conversation taken from Afghani teen agers school boys talking

about the school These are children who have been brought up in the society surrounded by Pakistani Pashto language speakers so their language have influenced the Pashto of these Afghani children therefore many words are being

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 34: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

34

adopted from Pakistani Pashto in their day to day conversation This is the reason Pakistani Pashto has contributed a lot in the architecting of new generationrsquos language of afghani migrators in Afghani Pashto To show the difference between original terms of Pakistani Pashto and Afghani Pashto same conversation has been taken again in its original version which is in Afghani Pashto

Conversation between friends about school 421Analysis of the conversation Conversation between friends about school Sentence no one Asad Worora starraymasay (Teenagerrsquos Pashto) Asad Worora starraymashay (Old version) Translation hello brother Analysis Words which previously used to be pronounced as ldquostarraymashayrdquo is being

pronounced as ldquostarraymasayrdquo in current which can be marked as change in accent Sentence no two Mehmood khairyosayThastarraymasaySinga ye (Teenagerrsquos Pashto) Mehmood khairyosayThastarraymashaySinga ye (Old version) Translation hello to you too How are you (No difference except as mentioned above) Asad sha yam da khudayfazal deDasi pa bayra di qadamoonaakhstalzma pa

khayalcheyozayrawan way (Teenagerrsquos Pashto) Asad kha yam da khudaypazal deDasi pa bayra di paloonaakhstallakacheyo

jay rawan way (Old version) Translation by the grace of God I am fine too You are striding so

consciously as if you are going somewhere I guess Analysis In these sentences the difference lies in the way of pronunciation which is

accentual difference and is mostly found in Pashto speakers more commonly in Afghani pakhtoons The vocabulary ldquoqadamoonardquo is a changed version that was previously pronounced as ldquoploonardquo

Sentence no three Mehmood hahahashapo sway School tharawanwamsanawakhtha swam pa

day mi zarzarqadamoonaakhstal (Teenagerrsquos Pashto) Mehmood hahahakha Poe sway Makthabtharawanwam nasanawakhtha

swam zaka mi zarzarploonaakhestal (Old version) Translation hahaha oh So you understood I am getting late for school that

is why I was striding Analysis Difference of vocabulary in words is seen Sentence no four Asad shatha ham school thazay (Teenagerrsquos Pashto)

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 35: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

35

Asad khatha ham makthubthazay (Old version) Translation ok so you also go to school Analysis In old version ldquoschoolrdquo was called as ldquomakthubrdquoNew generation of afghan

migrants call it as school because they had been in such environment where an institute is being called as school not makthub

Sentence no five Mehmood walithazma pa khayalchenazay (Teenagerrsquos Pashto) Mehmood walithalakachenazay (Old version) Translation why You do not go I guess Analysis Words ldquolakacherdquo is being replaced by ldquokhayalcherdquo Word ldquokhayalrdquo is

derived from Urdu and has taken placed in the language of new generation due to social interaction influence

Sentence no six Asad wala Worora cherishtiyadarthawowayamazama da School sana da

joraDa khudai da ilamizdakawalrabanbandayfarzsawy di agha kawamaAkhplaimadrasaythazam Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi (Teenagerrsquos pashto)

Asad wala Worora cherishtiyadarthawowayamazama da maktubsarana da jora Da khudai da ilamzdakarayrabanbandayparzshawy da agha kawam Khplaimadrasaythazam Aw da maktubsa me zakanakhawashiziche pa maktubki da kapiranuilm aw da aghuekhabari war zdakizi (Old version)

Translation well brother to be very honest with you I really do not like school Getting religious education is obligation that I fulfill and attend my seminary But I donrsquot like school because at schools education and things related to kufar (term used for non Muslims in Pashto and Urdu language religious jargon) is being taught

Analysis In above dialogues accentual variations in words ldquoizdakawalrdquo and

ldquozdakawalrdquo ldquofarz swayrdquo and ldquoparzshawayrdquo ldquoakhpalrdquo and ldquokhapalrdquo morphological difference in words ldquoizdakyzirdquo zhdakyzhirdquo is maped out

Sentence no seven Mehmood Asadjanaawalkhozathathah da wuwayamache pa school kimuzh

da dunyawiulumosaradeniulum hum war izdakaee (Teenagerrsquos Pashto) Mehmood Asadjanaawalkhozathathah da wuwayamache pamaktubkimuzh

da dunyawiulumosarasaradeniulum hum razdakawi (Old version) Translation dear Asad first of all let me tell you that at school we are being

taught not only worldly education but religious education too Analysis

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 36: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

36

Vocabulary replacement of words ldquomakthubrdquo by ldquoschoolrdquo and accentual difference in words is seen

Sentence no eight Asad sanga Asad sanga Translation how (It is an interruption and does not possess any remarkable

variation) Sentence no nine Mehmood agha dasichemuzh da tafseerislamizdakaray aw arabi periods

ham laruChe pa aghuikimoliqari sab muzhtha da quranshareeftafseer da Islam ehkamfika aw arabizabaraizdakaee (Teenagerrsquos Pashto)

Mehmood haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laruChe pa haghuikimalim sab zhmuzhtha da quranshareeptafseer da Islam hukmuna fika aw arabizhabarazdakawi (Old version)

Translation that is so we have Arabic periods along with Islamic teachings The teacher teaches us translation and details of holy Quran as well as Arabic language

Analysis In these sentences an English word has been borrowed by a speaker as

ldquosatunardquo is replaced by its englishtermrdquoperiodrdquo 42 Analysis

Accentual difference in words ldquohagha rdquo and ldquoaghardquo is available in these dialogues

Afghani new generationPakistani English Stharaymashay stharaymasay hi Thasi thi you Oray altha there Bara bya then Dughna duna much Shoraway rusian Russia Romyan tamatar (derived from Urdu) tomato Khlas khatm (derived from Urdu)

finishend Amrikayan Kafar amirican goraway

American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai Badai ankle Orlagit bakasmachas match

box

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 37: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

37

Dashoi (dari) salamchi hand wash

Pai shuday milk Baley (dari) hello (derived from English) hello (at

phone) Wokay awo yes Sadaf button (derived from English) button Wryankuchniyankushniyan kids Thashakur (dari) manana thank

you Chaibar chainak kettle Nashikan (dari) namathaydal

unbreakable Kuchi makhan (derived from Urdu) butter Autu istiri (derived from Urdu) Irion Ghachi byati scissors Kik cake (derived from English) cake Nak nashpati (derived from Urdu) pear Chayskay Chaykaye Would you take

tea Grangich aloochaa senators Noshabaa botal cold

drink Sheer chay (dari) shudochay sairchay milk tea Nizhday nizday near Pak safa clean Atwal tolia (derived from Urdu) towel Rakam ranga alike Girdi kali goal kali frock Zinay yew sa some Zagay zay place Zhaba zaba language Kaldari paysay money Khowasi yekar alone Atargi di roshansa mubarak di sa

congratulations Balkah waye lagawa turn it on Kheekhay sheeshay glass Damdaigbukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 38: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

38

Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu manrsquos

scarf Kayna kshayna sit Jowal gonai sack Kathagh daig food Ingor inzhor daughter

in law Khpay pashay feet Paj langoota turban Kili chabi (derived from Urdu) key Kwalp tala (derived from Urdu) lock Kota khuna room Bam chat (derived from Urdu) roof Karkhona mana kitchen Maktub school (Urdu English) school Malim ustaz teacher Many names of animals and other things are also being taken in Pakistani

Pashto by new generation of afghani migrants and in Urdu and English by Pakistani new generation

Findings By the end of this research some general observations suggest that Pashto

language has changed owing to the influence of social environment and these changes which have been adopted either deliberately or inadvertently were according to their need of survival In case of Afghani migrants and their language it is important to manifest that people living near to which locality have adopted language of that society and it has affected their accent too accordingly

New generationrsquos language of Afghani migrants have been modified and converted in Pakistani Pashto by the timeAs time passes conflicts arises on the basis of differences in culture color heritage and language consequently people of host country start to have feelings of aversion for them Thus in order to save themselves from such situations immigrants start changing in every aspect which could help them to survive more easily especially when they do not have any intension of going backAs Herbert Spencer (1820 1930) presented the idea of ldquosurvival of the fittest and fastestrdquo in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 39: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

39

As the new generation is taking education in national language of Pakistan Urdu and English to move with society and to pave way for their upcoming generations for this reason as well it was important for them to bring changes in their culture and language

The comparison shows certain changes in Pakistani Pashto language that as far as Pashto of Pakistan is concern it is also not in its pure form as Pakistan is multilingual country Owing to being in touch with society where various languages have been spoken simultaneously native speakers of Pashto language have started mingling their acquired language with the second langue along with other languages spoken around

These changes in language take place either in their daily interaction with Pashto speaker or while communicating with other language speaker In this case psychological aspect is involved more than linguistic feature The new generations of Pashto speakers in Pakistan encounter their native Pashto to be modified and adopted words from Urdu and English language Patronage is also reason for change of the language Besides influence of media is also responsible for the amalgamation of other languages in Pakistani Pashto language

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 40: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

40

References bull Afghani A (1960) Athaleq Pashto University Book Agency Press

bull Baxter G (2006) Modeling language change An evaluation of Trudgillrsquos theory of

the emergence of New Zealand English New Zealand

bull Bell A ampMohamad M S (1983) Reversed Sonority in Pashto Initial Clusters Journal of Phonetics 11 pp259-75

bull Esser H (2006) Migration Language And Integration European Foundation for the

Improvement of Living and Working Conditions

bull Foulkes P (2009)Language acquisition and phonological changeNew York

bull Hickey R (2001) Language Change In Handbook of Pragmatics

Krauss R (1985) Language and Social Behavior In Handbook of social

psychologyvol 2

bull Lassiter D (2008) Semantic Externalism Language Variation and Sociolinguistic

accommodation Blackwell Publishing Ltd

bull Mahlang D (1987) Educational Research Methodology Pretoria Haum Press

bull Milory J (1985) Linguistic change social network and speaker innovation

Cambridge University Press

bull Niyogi P (1995) The Logical Problem of Language Change Massachusetts Institute

Of Technology Artificial Intelligence Laboratory And Center For Biological And

Computational Learning Department Of Brain And Cognitive Sciences AI Memo

No 1516 CBCL Paper No 115

bull Paul K (1994) Dialects converging Rural speech in urban Norway Oxford

Clarendon Press

bull Payne R (1987) Iranian languages The worldrsquos major languagesSIL International

bull Penzle H (1955) A Grammar of Pashto In A descriptive study of the dialect of

Khandahar Afghanistan Afghanistan press

bull Sankoff G (2001) Linguistic Outcomes of Language ContactPennsylvania

bull Yang C (2001) Internal and external forces in language change In Language

variation and Change USA Cambridge University Press

bull Steingass F (1998) A comprehensive Persian-English DictionaryTyporess Beitut Lebanon

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 41: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

41

Inhuman laws in Frontier Crimes Regulation A Case Study of FATA

Dr Altaf Ullahclubsclubsclubsclubs

Abstract

The Frontier Crimes Regulation popularly known as FCR is the only formal document which deals with the legal-administrative affairs of Tribal Areas since long This law forms the bulwark of the government machinery in Federally Administered Tribal Areas (FATA) of Pakistan which dates back its origin to the British colonial period in pre-partition India By the great divide of August 1947 Pakistan inherited these areas as an integral part of its territory The legal and administrative framework for tribal areas remained the same as designed by British Imperil power during the 19th century for its special interests The state of Pakistan while keeping intact the colonial legacy also continued the special status of theses areas in the post-partition period Accordingly the law of the land authorized the central government to administer it directly The central government thus implemented the same Regulation (FCR) in tribal areas in the coming decades The present research paper critically observes the prose and cones of FCR in order to know that why this Regulation is often called as black draconian and inhuman law It highlights those provisions which voice against human liberty fundamental and basic human rights recognized by the fundamental law of the land and international humanitarian laws as well

Keywords FATA Pakistan laws punishments constitution fundamental rights

Frontier Crimes Regulation and its Origin

The British government strengthened their basis of power by establishing a strategic and effective judicial system and an archive of legal record of the necessary documents which ultimately assisted them in tax collection and maintaining public order during the mid-nineteen century in Bitish India The government was mostly cautious against collective criminal activities and considered it as a direct menace to

the empire rather than individual crimesi The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes

in the form of Indian Penal Codeii and Code of Criminal Procedureiii in order to rule British India effectively In the like manner Criminal Tribes Act was also designed from 1871 through which the government watched registered and controlled certain

clubs Research Fellow National Institute of Historical and Cultural Research Centre of Excellence Quaid-i-Azam University Islamabad

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 42: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

42

tribes However the British official authorities realized within a short span of time that these formal codes laws rules of evidence and fact-finding potentials were insufficient to control lofty velocity of crimes in Peshawar valley in general and particularly in the Afghan border regions set a part as tribal agencies The colonial authorities quickly differentiated between the peaceful agriculturists residing in the valleys and wild tribesmen of the border areas The only distinction of the settled district was that surveys of formal tax revenue and settlement had been completed while the rest of the situation and general environ of settled district and tribal belt was almost alike When the government observed high rate of killings robberies and violence across the Peshawar valley the government eventually developed the Punjab

Frontier Crimes Regulation and implemented it in early 1872iv After the establishment of North West Frontier Province the government executed the same Regulation with some minor modifications which was called Frontier Crimes

Regulation 1901v Hence the colonial authorities implemented it on 24 April 1901 as judicial legal and administrative system for the North West frontiers of their

Indian Empire bordering Afghanistanvi Frontier Crimes Regulation has been promulgated by the British colonial

authorities via regulation III of 1901 It is a brief law consisted of seven chapters

spread over sixty three sectionsvii It is not just a formal document comprising only punishments for different crimes but a comprehensive system of governance and also

a major component of administrative system of justice in tribal areasviii This Regulation has been implemented to protect the interests of British government in North West Frontier Province Balochistan and in the entire tribal belt The province of NWFP was fortunate enough which got rid of this harsh and hard Regulation with the promulgation of 1956 constitution while Balochistan was liberated from its rule with the arrival of 1973 constitution In the like manner Dir and Malakand were released from its clutches in the same year But FATA is the only region subservient

to FCR even todayix No other laws applicable in the rest of the state are extended

to these areas thus only this Regulation serves as the supreme law in FATAx

Inhuman laws in the Frontier Crimes Regulation

The most critical feature of Frontier Crimes Regulation is the system of lsquocollective territorial responsibilityrsquo According to this clause if a crime initiates anywhere in tribal areas the whole family or tribe on whose territory the crimes is committed is held accountable to the political administration Hence due to this part of the Regulation an innocent individual may be held liable for the crime of another person In the same way under the umbrella of lsquocollective territorial responsibilityrsquo

the whole family clan sub-clan or village may suffer a verity of punishmentsxi Even innocent men women and children become victim of this imperial black law There are so many instances in which children of about two years of age have been

convictedxii The responsibility to implement the verdict of jirga has been given to

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 43: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

43

the tribe in ldquonon-protectedrdquo areas of FATA Jirga can impose heavy fine on the accused expel an individual or a family from the locality confiscate destroy or set on fire their homes and property which are the serious measures of punishments

The idea of lsquocollective responsibilityrsquo has been articulated by John Cokexiii who was the officer in-charge of Kohat Pass Afridis He laid down the procedure in certain critical situation and in case of trouble thus ldquoto close the Pass at once seize all the Afridis to be found in the Peshawar and Kohat districts put the men in jail sell their cattle stop all Pass allowances held by the Afridis and when the matter is settled cause all losses to be made good not from their confiscated allowances but

from the allowances made from the time they may commencerdquoxiv John Cokersquos notion of lsquocollective responsibilityrsquo was followed by Herbert Edwardes who applied this idea with more accuracy and perfection when he was posted as Commissioner of Peshawar division during October 1853 He banned the felonious tribes from the environs of Peshawar and thus made them responsible for the involvement in crimes and criminal activities or their reluctance to exert itself for its punishment and

preventionxv Herbert Edwardes first exercised this imperial strategy against Kukikhil Afridis when a British messenger had been seized and deprived by them of quinine jars In this way colonial masters during British Raj and various successive ruling juntas even in the post-partition era constantly utilized this imperil instrument

of lsquocollective responsibilityrsquo in order to control the tribesxvi It is interesting to note that the Regulation authorizes political administration

to take actions against any tribe or member of any tribe to detain all or any member of the tribe acting in hostile or unfriendly manner without the prior permission of Commissioner Beside it he can order to remove villages restrict the erection of

hamlets and can impose heavy fines on tribesmen in certain circumstancesxvii It is mentioned in the Regulation that political administration may impose fine on communitiesrsquo accessory to crime In this respect section 22 of the Regulation thus states

ldquoWhere from the circumstances of any case there appears to be good reason

to believe that the inhabitants of any village or part of a village or any of

them have

(a) connived at or in any way abetted the commission of an offence or

(b) failed to render all assistance in their power to discover the

offenders or to effect their arrest

(c) connived at the escape of or harboured any offender or person

suspected of having taken part in the commission of an offence or

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 44: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

44

(d) combined to suppress material evidence of the commission of an

offence

The Deputy Commissioner may with the previous sanction of the Commissioner impose a fine on the inhabitants of such village or part of a village or

any of them as a wholerdquoxviii The political executive in tribal areas can detain any person for up to three

year as a preventive measure against murder or culpable homicide or the dissemination of seditionxix The tenure of this imprisonment can be increased for

another three years by the Deputy Commissioner or Political Agentxx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period

not more than three yearsxxi On the pretext of preventive measures against crimes he can stop any construction near to border or do away with them on security reason and halt the construction of or demolish buildings which are used as a meeting point

for robbers house-breakers thieves etcxxii Restricted by this law the people of FATA can not enjoy the right to appeal

wakeel (the right to legal representation) and daleel (the right to present reasoned

evidence) in any court of lawxxiii It was however the Commissioner who acted as a revisional court but in 1997 FCR was modified (Section 55-A was added) allowing second appeal in the form of revision before the tribunal comprising secretaries of home and law department and chief secretary of NWFP All these arrangements seem

cosmetic having no positive results for the tribesmenxxiv In fact trial under this law

do not provide any proper and due opportunity to the accused to put forward his case in a legal way Deprived of legal representation the accused donrsquot present evidence or cross-examine witnesses He is denied of the right of appeal and thus can not plead his case in the High Court of the contiguous province or Supreme Court of the country The authority to revise the Deputy Commissioner or Political Agentrsquos verdicts rests with the Commissioner who can take action either on his own or in response to a petition by an aggrieved party but he is not allowed ldquoto set aside the finding on any question of fact of a Council of Elders where such finding has been accepted by the Deputy Commissioner unless he is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been

so conducted as to occasion a miscarriage of justicerdquoxxv In case of split decision the FCR tribunal is the ultimate appellate body consisted of three senior civil

bureaucratsxxvi This judicial body cast its decisive vote in case of split verdict However it is quiet clear that both the convicted parties have no option to precede to

an impartial court of justice and must rely on bureaucratic judgmentxxvii FCR puts restriction on the jurisdiction of civil courts in the tribal areas

therefore neither any court can take notice of the verdict made by political administration nor can an individual challenge such verdicts The right to appeal to

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 45: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

45

superior courts has been restricted by this law which states ldquoexcept as therein otherwise provided no decision decree sentence or order given passed or made or act done under Chapter III Chapter IV Chapter V or Chapter VI shall be called in

question or set aside by any Civil or Criminal Courtrdquoxxviii

Constitutional Anomalies

The constitution of Pakistan although declares that the territories of Pakistan

shall comprise among others ldquothe Federally Administered Tribal Areasrdquoxxix presenting FATA as an integral part of the county but the ldquofundamental human

rightsrdquoxxx enshrined in the constitution do not apply to FATA All these rights have been rendered null and void by Article 247 of the same constitution so far as the administration of FATA is concerned and explained a different modus operandi for its governance It debars any act of the parliament to be extended to these areas until the head of the state directs so He acts like chief executive of these areas and his executive authority is superb It however demonstrates that all the three constitutions (the constitutions of 1956 1962 and 1973) of Pakistan could not integrate FATA into the national mainstream of the country and carried on the

bureaucratic rule instead of constitutional onexxxi It goes without saying that since independence successive governments in

Pakistan could not mainstream FATA despite of their respective claims for its development The great constitutional anomaly is that on the one hand Article 1 of the constitution of Pakistan declares these areas as an integral part of the state while on the other hand Article 247 (b) debars the jurisdiction of the parliament by declaring it to be the exclusive preserve of the President to administer its

affairsxxxii Clause 5 of the same Article authorize the President to make rules for the peace and good governance of FATA or any part thereof while clause 6 empower him to abolish a tribal area provided that he determines the opinion of the tribes

through a Jirgaxxxiii The only representation the people of FATA have is voting to elect twelve representatives to the National Assembly under Article 51(3) but as per Article 247(3) of the constitution none of the laws made by the parliament apply to

FATA unless ordered by the President of Pakistanxxxiv Clause 3 of Article 247 declares that ldquoNo Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof unless the President so directs and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area or to any part thereof unless the Governor of the Province in which the Tribal Area is situate with the approval of the President so directs and in giving such a direction with respect to any law the President or as the case may be the Governor may direct that the law shall in its application to a Tribal Area or to a specified part thereof have effect subject to such exceptions and

modifications as may be specified in the directionrdquoxxxv Hence it is ironical that

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 46: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

46

political representatives elected from FATA to the parliament can not make legislation regarding their own areas but can take part in the legislative processes for

the rest of the statexxxvi In a nutshell it means that members of the parliament even those elected on party basis representing the people of these areas in a true

sense would not be permitted to frame or modify the laws for FATAxxxvii Fundamental human rights enshrined in the constitution of Pakistan are not

fully applicable to these areas The Supreme Court of Pakistan is barred from exercising jurisdiction in these areas It cannot take suo motu action on the sufferings of tribal people They can not knock at the door of the court to undo the injustice of political administration With the development of law the concept of judicial review against administrative action has been introduced The main philosophy behind this concept is to keep check on the arbitrary use of executive power But this concept of

check and balance is nonexistent in these areas in the real sense xxxviii Clause 7 of the same Article states that neither the Supreme Court nor any High Court shall exercise any jurisdiction under the constitution in relation to a tribal area unless the parliament modifies the law Even the Non-Muslims have been safeguarded by the constitution of Pakistan but the fundamental rights of the poor tribesmen are denied

who are earnestly called the sword arm of Pakistanxxxix

Conclusion

Apparently it seemed that this law was executed by the government as an instrument to check crimes and criminal activities but actually the British government in India exploited it as a tool of forward policy in Indiarsquos North West particularly in tribal areas which furthered its imperialistic designs towards Central Asia and countered the Russian approach as well The government thus kept these areas untouched and adopted a policy of non-intervention into the traditions of tribal people By keeping status quo in these areas the British government kept it away from human rights principles reformist political activities leading to individual freedom progress and development By virtue of unlimited powers in the hands of political administration under FCR the people of FATA can neither enjoy human rights nor can they claim any other status privilege position conferred upon other citizens of Pakistan Their arms have been stapled particularly by the cruel illogical and irrational provisions of this law due to which it is often referred as black draconian and inhuman law

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 47: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

47

References i Robert Nichols ed The Frontier Crimes Regulations A History in Documents

(Karachi Oxford University Press 2013) p x ii The Indian Penal Code was first drafted by the 1st Law Commission under the

chairmanship of Thomas Babington Macaulay It was mainly based on the law of England and guidelines were taken from Napoleonic Code and also from Edwards Livingstonrsquos Louisiana Civil Code of 1825 This code was finally written in 1860 therefore it is referred as Indian Penal Code 1860 It was however implemented on 1st January 1862 in India by the British colonial government Being a comprehensive code of India it covers all aspects of criminal law It has been inherited by the state of Pakistan in the post-partition period and now it is called Pakistan Penal Code It has since been modified several times and is now supplemented by other criminal provisions as well Government of Pakistan The Pakistan Penal Code 1860 (XLV of

1860) As Modified Upto [sic] the 3rd

February 1980 (Islamabad Government Printing Press 1980)

iii The Code of Criminal Procedure of 1861 was the most important legislation on procedure for the administration of substantive criminal law in British India When the British government took direct control of India after the war of 1857 they passed the Criminal Procedure Code from the British Parliament in 1861

iv Nichols ed The Frontier Crimes Regulations A History in Documents pp x-xi

v Ibid p xi vi The North-West frontiers of British India were predominantly inhabited by

majority of Pakhtun population ldquoSummary of 2011 Amendments to the Frontier Crimes Regulation (FCR)rdquo httpwwwfatareformsorgsummary-of-2011-amendments-to-the-frontier-crimes-regulation accessed on 30 July 2013 np

vii Muhammad Maqbool Khan Wazir ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 177

viii Mahmood Shah ldquoFCR and FATA Reformsrdquo httpdawncom20110405fcr-and-fata-reforms accessed on 11 June 2012 Also see Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 175

ix Latif Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The

Frontier Post Peshawar 12 December 1993 x Frontier Crimes Regulations 1901 serves all purposes both of procedural and

substantive law in FATA The Civil Procedure Code (CPC) Criminal Procedure Code (CrPC) and other laws of evidence functioning in the country are not

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 48: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

48

applicable in FATA Thus no lawyer can defend an accused at a trail Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 183

xi Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV pp 10-11 xii Society for the Protection of the Rights of the Child (SPARC) in its annual

report of 2004 described that almost seventy children had been detained under this law Abdullah Khoso ldquoPakistan Human Rights ndash Infringing Human and Child Rightsrdquo np httpwwwhumanrightsasianewsforwarded-newsAHRC-FAT-047-2010 accessed on 12 January 2013 Also see Muhammad Hamid Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in TIGAH Vol 1 July 2012 FATA Research Centre Islamabad p 99

xiii Major General John Coke (1806-1897) was appointed as Deputy Commissioner of Kohat district in 1850 with both civil and military powers of the district on the frontier of Afghanistan at a time when security situation of Kohat district was the worst in Punjab The hill tribes were making constant raids on the villages GB Malleson writes about Coke as follows ldquoColonel Coke was one of the best known and most distinguished officers of the Punjab Frontier Force To a thorough knowledge of his profession he added an acquaintance with the natives of India not to be surpassed and a rare power of bending them to his will He had been with Sir Charles Napier in Upper Sind with Gough at Chilianwala and Gujrat with Gilbert in pursuit of the Sikhs After the conclusion of the second Sikh War he served continuously up to the outbreak of the Mutiny on the frontier There his name became a household word Scarcely an expedition was undertaken against the wild border tribes but Coke bore a part in it Twice was he wounded but his unflinching demeanour his power of leadership whilst it gained the supreme confidence of his men extorted respect and admiration from his enemies Wherever he might be his presence was a power George Bruce Malleson History of the

Indian Mutiny (1857-1859) Commencing from the Close of the Second Volume of Sir

J Kayes History of the Sepoy War (USA Cambridge University Press nd) xiv Sarfraz Khan ldquoSpecial Status of Tribal Areas (FATA) An Artificial Imperial

Construct Bleeding Asiardquo in Eurasia Border Review Vol 1 Spring 2010 p 68 xv Herbert Benjamin Edwardes Memorials of the Life and Letters of Major

General Sir Herbert B Edwardes Vol I arranged by Emma Sidney Edwardes (London Kegan Paul Trench 1886) p 230

xvi This clause of the Frontier Crimes Regulation (1901) ie lsquocollective territorial responsibilityrsquo proved to be the corner stone of political administration across tribal areas and this principle is presumed to be enshrined in the customs and usage prevailing in the tribal belt Sarfraz Khan ldquoSpecial Status of FATA Illegal

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 49: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

49

Becoming Licitrdquo in Central Asia No 63 Winter 2008 Area Study Centre (Russia China amp Central Asia) University of Peshawar p 21

xvii Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter IV Section 21 p 10 xviii Ibid Chapter IV Section 22 p 10 Also see Maqbool ldquoFATA Under FCR

(Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 186

xix Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter V Section 40 pp 16-17 xx Ibid Chapter V Section 46 pp 19-20 xxi Ibid Chapter V Section 40 pp 16-17 xxii Ibid Chapter V Section 31-34 pp 13-14 xxiii Abid Mehsud ldquoFrontier Crimes Regulations A Black Lawrdquo in The Frontier

Post Peshawar 23 June 2012 xxiv Since the inception of Pakistan the Frontier Crimes Regulation (1901) has

not been amended except for few minor changes It was President Farooq Ahmad Khan Laghari who amended this Law in 1997 on the forceful demand of tribal people and incorporated 55-A by virtue of which an FCR Tribunal has been established Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 191 Also see Afridi ldquoHuman Rights and Discriminatory Laws in FATArdquo in The Frontier Post Peshawar 12 December 1993

xxv Government of North-West Frontier Province Law Department The Frontier

Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31 October

1971] Chapter VI Section 50 (Peshawar Government Stationary and Printing Department NWFP 1973) p 21

xxvi The FCR Tribunal comprises the following three persons (i) Provincial Law Secretary (ii) Home Secretary and (iii) Chief Secretary of Khyber Pakhtunkhwa Province Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p 176

xxvii Ibid xxviii Government of North-West Frontier Province Law Department The

Frontier Crimes Regulation 1901 (Regulation III of 1901) [As modified upto 31

October 1971] Chapter VII Section 60 p 23 xxix Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 (Islamabad Ministry of Law and Parliamentary Affairs 1973) Part-I Article 1 Clause 2

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012

Page 50: Englsih .. 2 - University of Balochistan · organization kaka Ji become famous as a political figure. After the establishment of Zamindaran in 1924 Kaka JI initiated another Organization

TAKATOO Issue 14 Volume 7 July- December 2015

50

xxx The fundamental human rights include security of person prohibition of

forced labour slavery etc protection against retrospective punishments safeguard against double punishments and self incrimination inviolability of dignity of man freedom of movement freedom of assembly freedom of association freedom of trade business or profession freedom of speech freedom to profess religion and to manage religious institutions protection of property equality of citizens before law and preservation of language script and culture Ibid Part-II Chapter- 1 Article 2-A and Article 8 to Article 28

xxxi Maqbool ldquoFATA Under FCR (Frontier Crimes Regulation) An Imperial Black Lawrdquo in Central Asia No 61 Winter 2007 p179

xxxii Ayaz Wazir ldquoLet them Deciderdquo in The News Rawalpindi 22 June 2013 xxxiii Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 5 and 6 xxxiv Usama Khilji ldquoCelebrating Independence in FATArdquo in Daily Times Lahore

14 August 2012 xxxv Government of Pakistan The Constitution of the Islamic Republic of

Pakistan 1973 Article 247 Clause 3 xxxvi Hussain ldquoFrontier Crimes Regulation A Case Study of Reforms Processrdquo in

TIGAH Vol 1 p 110 xxxvii Ayaz Wazir ldquoIs FATA a Part of Pakistanrdquo in The News Rawalpindi 25

March 2013 xxxviii Waseem Ahmad ldquoFATArsquos Administrative Anomaliesrdquo in Pakistan

Observer Islamabad 21 October 2012 lowastlowastlowastlowastxxxix Harris Khalique ldquoOur Tribal Areasrdquo in The News Rawalpindi 10

October 2012