FOLLOWING independence and until the passage of the 25th Amendment in 2018, the tribal areas in Pakistan’s northwest were federally administered. They only came into the limelight due to the USSR’s invasion of Afghanistan in 1979 and then the arrival of US-led coalition forces in 2001. Before the Pakistani state finally launched kinetic operations, the areas were a magnetic pole for militants.

Quaid-i-Azam Mohammad Ali Jinnah strongly desired the integration of the tribal areas in Pakistan. He supported a peaceful penetration policy, which was led by the establishment of schools and hospitals. This policy would not have conflicted with tribal customs. However, Jinnah’s death a year after independence lost us the opportunity to convert such ideals into reality. Instead, Jinnah’s successors continued with British policies contrary to his vision.

The Frontier Crimes Regulation (FCR) law was adopted after independence with minor changes. It reflected a contradiction as, on the one hand, it allowed Pashtunwali to exist as the primary law, and on the other, it entrusted suppressive powers to political authorities by empowering the political agent in a judicial capacity. Once the PA made a decision, no appeal could........

© Dawn