Patriarchal Social and Administrative Practices in the Federally Administered Tribal Areas (FATA), Pakistan: A Case for Gender Inclusive Reforms

Dr. Sarfraz Khan*
& Samina**

1. Introduction

This paper attempts to investigate impact of Pukhtunwali and Special Status of FATA on gender relations in FATA. It depicts absence of women in the existing system of political administration and social institutions in FATA. It argues that special status of FATA reinforces existing patriarchal, tribal, customary practices (Pukhtunwali) and deprives tribal women of fundamental human rights. This study also attempts to fill gaps in existing knowledge concerning tribal women, especially customary practices, limiting her multifarious development as an individual. Articulating women’s aspirations, it highlights their perspectives of reform in customary practices, political, judicial and social institutions, as well as system of political administration. It stresses the need and calls for gender inclusive reforms in FATA to ensure fundamental rights of both tribal men and women. Empirical data from female respondents have been collected in two agencies of FATA, namely Kurram and Khyber, during six Focused Group Discussions and sixty individual interviews, in 2007-9. 

1.1 The Special Status of FATA

Tribal population, specifically women, of the North Western borderland of Pakistan, presently known as Federally Administered Tribal Areas (FATA), has perhaps been one of the most severely oppressed, discriminated and marginalized. Since the British colonial period, this area has been granted a ‘so-called’ special status that excluded tribal population from mainstream social, political, legal and administrative mechanisms of British India, subsequently Pakistan. The British devised a unique system of Political Administration assigning absolute administrative and judicial powers to the political agents. This system of political administration has been primarily designed and sustained to serve interests of imperial British and Pakistani establishments, also reinforcing consequently ‘Pukhtunwali’, patriarchal, tribal and customary practices.
In the North Western borderland, British policy towards tribes, instigated by security of India, shifted from agreements of good will, friendship and allowances, to punitive expeditions. The British never intended to integrate this area into settled districts. They rather sought to establish their influence, with minimum cost and risk to life and property, to prevent Russian penetration and safeguard imperial trade. The system of Political Administration along with Frontier Crimes Regulation (FCR), 1901 was promulgated in the tribal territory to, protect life and property in the settled districts, keep the passes open, and maintain law and order. The system of political administration and FCR both claim to guarantee tribal autonomy, however, they have been the source of violating basic human rights and keeping tribal population underdeveloped and marginalized. FCR is known amongst the tribal population as Black Law. It authorizes political administration to, impose blockades and community fines on hostile tribes, prohibit erection of new villages, remove established villages, regulate hujras ([male] community centres), imprison tribesmen on the pretext of preventing crimes, and maintaining law and order. It operates through the oppressive principle of collective territorial responsibility, meaning whole of the tribe or clan will be held responsible for the wrong doing of its members or a crime committed in their territory.
Pakistan, the successor state, retained the special status of FATA and unbridled power of the political agents. Consequently, tribal population has been denied rights granted to citizens of Pakistan. In the Constitution of Pakistan, 1973, FATA falls under the jurisdiction of the Federal Government. The President of Pakistan, who stipulates regulations for FATA, has delegated his authority to the Governor of the North West Frontier Province, NWFP, (now Khyber Pakhtunkhwa); whereas the Political Agent acts as the representative of the Governor. Both, Federal Parliament and Provincial Assembly of Khyber Pakhtunkhwa, cannot legislate for FATA. Neither the Supreme Court of Pakistan nor the High Court exercises any jurisdiction. Tribal population was denied adult franchise till 1996, only tribal Maliks and Lungi holders had the privilege to cast vote. Executive authority from the President down to Naib Tehsildar and political Muharrar is unabated and there exists no constitutional safeguards to ensure fundamental human rights in tribal areas.
In FATA, writ of the state is limited to government property, main roads and a hundred yard on either side of it. The tribes are free to live their life according to their customs and traditions as long as they don’t harm authorities’ interests in the area. State seems to be least bothered about the rights, development and assimilation of tribal population. Pukhtun in FATA are left to safeguard their life, property and so-called honour through the strength of arms. Weaker segments of tribal population, particularly women, find themselves more vulnerable and marginalized.
1.2 Pukhtunwali and the Special Status

This special status also grants recognition to Pukhtun customs and traditions a status of customary law. Eventually Pukhtunwali, an unwritten Pukhtun code of conduct, reigns supreme in FATA. It comprises: Notions such as, nang/ghairat, honour/pride, melmastia, hospitality, badal, revenge, khegara, benevolence, panah, sanctuary; Institutions such as, jirga, council of elders, hujra, hasher, collective work, lakhkar, tribal army; Traditions such as, teega, cease fire, rogha, peace-making, nanawate, forgiveness, swara, marrying girl for peace making, meerata, without male progeny. Most of the customary institutions, practices and interpretations of Pukhtunwali are highly gendered. They exclude, marginalize and restrict women’s role in social, political, judicial, public and private spheres. Hence, establish the superiority of men over women within the family and society at large. Male authority, prestige and control over resources have also been enhanced using institutions, created through the system of political administration. Official Jirga, Maliki and Lungi systems, Levy and khasadari, all epitomize male institutions.  Subsidies paid to the tribesmen under various heads such as lungi, kharcha and mouajib recognize and reinforce male alone as an agent and actor in tribal society.

1.3 Status of Women and Case for Reform

According to the 1998 Census Report, population of FATA: 3,176, 331 comprises 1, 652,047 men and 1, 524,284 women. Ratio of women to men has been 0.92 to 1. In Europe and North America, where women and men are provided equal care in terms of nutrition and health, the ratio of women to men is around 1.05 or 1.06. Amartya Sen estimates more than 100 million ‘missing women’ in South Asia, West Asia, and North Africa, taking 1.05 as the benchmark ratio of women to men.   Using same criterion, shortfall of women in FATA has been estimated as 13 percent, hence, number of ‘missing women’ stands 1, 98,000. Either ‘missing women’ have not been registered, since local culture disapproves communication about female relatives and disclosure of their number or they died because of poor healthcare, mal-nutrition and frequent pregnancies etc. Female literacy rate is only 3%, and male 29% in FATA. Drop-out rate for boys has been 43.49 % and for girls 70.09 %. FATA having one of the highest ratios of ‘missing women’ in the world also possesses poor socio-economic indicators for women.
Both government and non-governmental organizations have consistently been ignoring women’s voice, in the ongoing debate about reform in FATA. Various reform committees, for instance, FATA Reform Committee, convened by Prof. Mumtaz Bangash, in 2000, and the Committee for Amendment in FCR, constituted by the federal government, in 2005, did not include even a single woman member. FATA Sustainable Development Plan (2006-2015) envisioned and published by FATA Secretariat claims to incorporate local wisdom. Still, womenfolk were allocated only l7% of local tribal wisdom in the Plan. Out of six meetings with the representatives of FATA, only one was held with female students and teachers in Kurram Agency. FATA Reform Movement, another civil society initiative advocating reforms, also comprises tribesmen alone. Representatives from FATA in the National Assembly and Senate have always been men, no woman ever had contested or been elected to these seats. In the absence of Political Parties Act, women lack forums to participate in politics. Almost all the NGOs registered by tribal people and operating in FATA are owned and headed by men. There seems a dire need to articulate issues concerning tribal women: such as lack of health, education and employment opportunities, restrictions on mobility, bride price, domestic violence, denial of share in inheritance, representation in parliament and Jirga as well as consent marriage.

2.   Patriarchal Social and Administrative Practices in FATA: Unholy Collusion of Pakhtunwali and Special Status

2.1 Patriarchy

Patriarchy is a form of hierarchal gender relations characterized by the authority of men over women. Gender relations in a particular jurisdiction are shaped by its socio-economic and political conditions. Hierarchy in gender relations can be discerned through; division of labour on the basis of sex differences that overlooks individual capacities and potentialities, unequal access to and control over resources, role in the decision-making process, privileges and prestige simply on the basis of sex differences. Private property, sexuality, male’s aggression, muscular strength, reproduction and modes of production are also often cited as the root causes of patriarchal relations. Patriarchal authority is stronger in feudal, rural, closed communities with low literacy rates and strong social networks. While commercially and industrially developed societies are believed to be slightly liberal.  Feminists use patriarchy as a concept to, theorize women’s subordination in society; trace causes of male domination and women’s subjugation; and identify myriad manifestations of patriarchy in the society. ‘Patriarchy’, derived from Greek words, pater, father and arche, rule. Classical Patriarchy refers to a form of family, where father/husband possesses supreme authority over person and property of a group that includes: all persons having a common male ancestor; wife and children; slaves and adopted persons. Patriarch is the male chief or head of a family. A family, tribe or community, organized under the principle of rule of father or eldest male over family, is also known as Patriarchy. In a prototype patriarchal family several generations of a common ancestor live together along with their wives. The male head has absolute authority over life and death, human and material resources, of family members and slaves. For Kate Millet patriarchy refers to a society organized upon two principles; i) that male shall dominate female; and ii) that older male shall dominate younger male. For Gerda Lerner, patriarchy is the manifestation and institutionalization of male dominance over women, in the family and the society at large. It implies that men hold power in all the important institutions of society and women are deprived of such power.
Although slavery has not been practiced amongst Pukhtun in general, however, organization of family in FATA qualifies as an epitome of classical patriarchy. Family is the basic unit of a clan or tribe, families, having a common ancestor are jointly known as plareena (plural of father). Family is recognized and identified via plar, father and maximum authority is vested in him. He represents family in socio-economic affairs and other decision making of the tribe too. Upon father’s death, authority to represent the family transfers to the eldest son, who is trained during the lifetime of the father to assume this lead role in the family. Fathers do often send elder sons to represent them in weddings and condolence ceremonies. Elders command authority within the family and disobedience to one’s elders is highly disapproved in tribal society.  In Khyber agency, the eldest son has been entitled to a larger share in inheritance than younger ones. Important decisions relating to family members are taken by father, and subsequently the eldest son of family. Financial control is also exercised by these individuals in the same order. Even trivial matters may not be dealt without their approval. Expatriate labour mostly sends their earnings to fathers and elder brothers rather than wives. (Khyber, Kurram Minutes) Wives of younger brothers in an extended joint family are almost always not happy with this arrangement and complain that elder brother, in control of financial resources, allocate more to his own wife and children, marginalizing younger ones. Men in general enjoin authority over women in the family.
Life of Tahira, belonging to Shalozan and married in Pewar, Kurram agency, provides a classical illustration: Her husband, working in Dubai as a labourer returned home only thrice in a span of 14 years of her married life. He lived with her in a 25-member extended joint family home, for five-six months each time. Her husband has been a younger son of the family comprising, mother-in-law, four brothers along with their wives and children, therefore, she felt marginalized. She was forced to perform entire domestic duties including: washing, cooking and cleaning etc. In case of delay or mistakes, she was severely beaten by husband’s elder brother. None of the family members ever dared to intervene and stop him. He even once tried to kill her, threatening to shoot her and pointed a gun at her. Her own parents too did not do anything to relieve her from miseries, since parents, as a rule, don’t interfere in the affairs of their married daughters and their husbands and in-laws. Her husband used to send money to his brother not her and he never gave her even pocket money. In case her husband brought or sent gifts or clothes from Dubai, elder sister of her husband allocated shares of family members including her. (Kurram Minutes)

2.2 Notions of Pukhtunwali: Theory of Patriarchal Practices

Man’s authority does not merely confine inside family alone rather it extends to the public sphere also. Therefore, patriarchy also refers to a social system where men are dominant in relation to women. Since authority has been exercised in regular patterns, therefore, religions, cultures, customs, legal and moral codes, as well as sociological and scientific theories have been developed and manipulated to establish and reinforce male authority. Pukhtunwali, with an admixture of Islam, has throughout the ages been used to establish superiority of men over women in the area, currently known as FATA. Notions, institutions and customs of Pukhtunwali have been interpreted and practiced to exercise, justify and reinforce patriarchal authority. According to Barth, Pukhtunwali is based on male autonomy, self-expression and aggressiveness, all precipitated in a syndrome which may be characterized as honour. Nang/ghairat, the most fundamental notion of Pukhtunwali,has been revolving around woman and land. Though Nang is a comprehensive notion, encompassing several attributes, such as keeping words; standing by the poor; needy and the weak; taking firm stands and resisting oppression etc. However, it has predominantly been manifested through possessing control over women and land. Men exercise almost absolute authority over women, amongst Pukhtun in general and FATA in particular, invoking notion of honour. Man claims to have the right to regulate woman’s body, thoughts and emotions. Any real or imagined violation of the boundaries, drawn by him, grants him the right to even kill her with impunity.
Wedding girls in a tender age has been considered a preferred way to avoid threats to family honour. Girls, in Khyber Agency, are wedded mostly at a tender age of 14 to17, an 18-year-old is considered to have passed the age of marriage. A respondent from Landikotal, Khyber Agency, argued: it is better to wed your daughter as young as 13 or 14. If you don’t, there is a risk of earning a bad name, the girl might run away and/or people express contempt for not being able to wed your daughter/sister. (Khyber Minutes). Girl’s consent is not deemed necessary while giving her in wedlock. Divorces are also very rare if not non-existent in FATA. Women are told at the time of wedding to bear everything in silence, as there exists no recourse, no one, even parents, to turn to in case of dispute with husband or in-laws. (Khyber, Kurram Minutes)
Qayum Afridi provided an illustration while arguing against reforms in FATA, especially extension of Pakistani law on the ground, “…a girl attaining the age of 18 years is free to go anywhere with any person and then get married without even the knowledge of her father or brother. This practice is against the honour and dignity of the Hill tribes and will not be acceptable to them. In return, they would kill first the boy and then the girl in accordance with their customs.” He, therefore, demands that the tribes should be allowed to organise their internal affairs, (read gender relations) according to their customs and traditions.
Patriarchal authority over women is not only exercised by fathers and brothers but also uncles, cousins, brother-in-laws and even by sons over mothers. Paternal cousin has a birthright to marry female cousin, far better proposals for girls can not be accepted even in case of mental or physical disability of paternal cousin and mismatch. In case of refusing hand of paternal cousin for a girl, he advances Jagh or Ghag (declaring claim by a man over a woman) over her. This implies, anyone wishing to marry her has to deal with him first. This can be illustrated well by the case of a female doctor, from Pewar, Kurram Agency. She married a colleague, with the permission of her parents. Her paternal uncle did not like this, since he wanted the girl to marry his son. He incited his son who went from Kurram Agency to Peshawar and attempted to kill his doctor cousin and her husband firing at them. Both sustained bullet injuries but were saved. Girl’s family could not think of prosecution or revenge since another of their daughter, sister of the wounded, had been married to the brother of assailant. ((Kurram Minutes)
Male authority, in Pukhtun tribal society, has been exercised through the institutions of Jirga, a council of male elders that functions as legislative, judiciary and executive. Its jurisdiction includes private and public affairs, both civil and criminal. It resolves disputes and conflicts and provides for important decisions of family/clan/tribe to be taken through consultation. The Jirga, a purely male institution, neither sanctions woman as member, nor witness or a complainant. Woman may access Jirga only through a male relative. In case of grievances against her male relatives, no recourse whatsoever is available. FCR, 1901 also gives recognition to Jirga and provides for the referral of civil and criminal disputes to the Jirga. A few women, in Khyber, dared to attempt register complaints of domestic violence in the office of the Political Agent. The cases were referred to Jirga that brushed them off, saying, ‘domestic issues need to be resolved within the family’. (Khyber Minutes)
A system that specifies woman’s role as a mother and domestic labourer is also a manifestation of patriarchy. Pukhtun notion of Melmastia, hospitality, includes providing food, comfort and protection to the guest. Man’s honour and prestige in the community is determined by the number of guests he receives and the manner of hospitality, he provides. Female relatives have to walk long distances to fetch fuel and water and then cook food to entertain guests to enhance the status of their male relatives. Spain considers Pukhtun women as the practical means of implementing the demands of hospitality. Dr. Pennel observed, around the turn of 20th century, that Pukhtun woman labours very hard and lives to fulfill the requirements of the stronger sex. She grinds corn, fetches water, cooks, tends children, milk cattle, and cleans house. Men think these jobs beneath their dignity to share or lighten. To fetch water, at times, women have to walk six, seven or even ten miles. “When on the march the women are heavily loaded. They can often be seen not only carrying the children and the household utensils, but driving the pack animals too, while the lordly men are content carry only their rifle, or at most give a lift to one of the children. Yet it is not because men are callous, but because it is the custom.”
Life seems to have changed very little for women in Karamna, Khyber Agency. In case of water supply, there is a little improvement in some of the areas bringing some ease to women. A few water supply schemes have brought water sources near houses and women can go to fetch water there. However, fetching fuel has become more of a gigantic task. ‘Now there are guards in the mountains, not letting us cut wood, we have to steal cut wood in a hurry to avoid them. In case they catch us then we have to bribe them.’ Women have to rise in the middle of the night to walk to mountains to gather fuel. By noon they return back home to attend to other pressing household chores. (Khyber, Kurram Minutes)
Despite the fact, that women work in the fields alongside men, and walk for miles to fetch water and fuel, still their mobility is strictly regulated and supervised. Visiting marketplace has been forbidden to Pukhtun tribal women throughout the ages. Pennel reported that Pukhtun women are strictly debarred from shopping, the husband not only brings food items and other products but he also buys her dresses. The lady must not only be content but also praise his selection. The practice has not been changed even incrementally in the 21st century. Women can’t dare go shopping to the markets in the agencies. Their husbands and fathers bring them, clothes and shoes. Even if a man wants to take his women to market he cannot do it because people will have a derogatory talk against him.
Pukhtun notion of badal, revenge, further strengthens patriarchy as perpetual blood feuds need male to avenge. Male child is highly desired since lesser number of male family members makes a family more vulnerable. At times family is unable to take revenge fearing losing their last male and become meerat, issueless and consequently property-less, as only male can inherit property. ‘We prefer male children because we often have rivalries and boys are our strength’. (Khyber, Kurram Minutes)

2.3 Traditional System of Land Distribution Reinforcing Patriarchy

Engels locates the origin of patriarchy in the advent of private property. Man’s control and ownership of the resources led to the subordination of woman. Further the desire for undisputed heir of the property manifested in strict regulation of women’s sexuality. The right to property, one of the fundamental human rights, has been totally denied to women amongst Pukhtun tribes residing in FATA. Traditional land distribution amongst Pukhtun entitles men alone ownership of property. Land is divided in quom (tribe), khel (clan), tapa, kandae (sub-clans), plareena (plural of father) and finally plar (father) or naghare (chimney). In FATA, with the exception of Kurram Agency, land settlement has not been documented. Individual land ownership in the tribe is oral but well known to succeeding generations. Pukhtunwali does not allow a woman to own land independently and be known to the people on her own. A woman has no identity in tribal culture. Most of the elderly women in Khyber admitted hiding their names even from doctors, they preferred to be named as X’s mother/sister/wife. (Khyber Minutes)
 Still some collective lands (Shamilat) belonging to the clans and sub-clans exist, which at times, serve as the source of dispute between tribes and clans. In case of disputes over collective lands, lashkar “armed tribal militia” is constituted to protect Shamilat from rival tribes. It justifies and reinforces man’s alone ownership of land. In Khyber agency most of the women thought, they don’t have any claim over share in land even in inherited, saying, ‘men win land by force of arms’, how can woman demand a share in it?’ (Khyber Minutes)
Land settlement record in Kurram Agency has made it possible to include women in the list of inheritors according to the Sharia. However, Zeemusht tribe in Kurram agency, at the time of land settlement denounced Sharia in favor of Pukhtunwali to deny women the right to inherit land, totally excluding women from land ownership.  Women in Kurram Agency at least in theory own land leading to some awareness and recognition of their share. At times, they air demand of their share very reluctantly, ‘it is embarrassing, every woman thinks, since no woman had demanded, how can I?’, said X. Demanding share also invites wrath of brothers and, at times, parents too. Women fear that demanding share in inheritance may almost certainly annoy their brothers, who then may not come to their rescue in case of trouble with their husbands or in-laws. At times, a brother to please sister might pay for her Haj expenses or gift her some money, in return to denounce her share in his favor in land settlement record. (Kurram Minutes)
However, women in Kurram despite having some awareness about their rights and recorded share in land could not make ownership of land effective, because of the special status of FATA. The political administration is mainly interested in maintenance of law and order situation, not in granting share to women in property. They refer civil cases to Jirga, and as discussed earlier, a woman can never participate in a Jirga, she cannot take a case herself to Jirga, her claim has to be conveyed through male family members, who do not recognize women’s right to land.
In Kurram agency, women are used as a tool to make land transactions easier and permanent. The land settlement of 1905 has drawn a distinction between bandobasti malik (settlement owner) and ghair bandobasti malik (non settlement owner). Land owners in Kurram at the time of 1905 settlement, were recognized as the natives or permanent settlers known as bandobasti malikan. Those who purchased land after 1905 are known as ghair bandobasti mailkan. The difference between the two has been:  the offspring of a bandobasti malik mayinherit his property, and the bandobasti malik himself or his offspring can also purchase land in Kurram; a ghair bandobasti malik incase of buyingland in Kurram needs verification of8-10 tribal elders that he is an old resident of Kurram Agency; finally to be sanctioned by the political agent. Transfer of land to children of a ghair bandobasti malik is not smooth as it again requires verification of tribal elders and sanction of the PA. To make things easier a ghair bandobasti mailk marries daughter of a bandobasti mailk, entitled to land ownership and is a bandobasti mailk. The transfer of land to their children becomes smooth and they get the status of a bandobasti mailk owing to their mother. At times, bandobasti mailk sells his property to an outsider or ghair bandobasti mailk and also gives his daughter’s hand in marriage to transfer the sold property through her to him. (Kurram Minutes)
In contrast to Kurram, in Khyber agency most of the women thought that they don’t have any claim to land ownership. (Khyber Minutes) The absence of Land Settlement in Khyber agency has made it possible for the paternal kin to usurp the land of a deceased person not having a male descendent. This is also a contributing factor for preferring a male child who can own and protect property. There had been cases when a man’s wife and daughters are expelled from his belongings. Land distribution amongst Pukhtun also empowers men and adversely affects the reproductive rights of women. One of the respondents in Khyber said, having more sons is better because a mother can live with them and they are also the guardians of family’s property and name. She did not have a brother, after her father’s death her paternal uncles forcibly took their house from her mother. Her mother had to live with her. (Khyber Minutes)
This unholy collusion of Pukhtunwali and special status of FATA denies women the right to inherit land, despite the fact that Islam and Pakistani law sanctions women’s right to inherit land.  Absence of male child also licenses a man to remarry. To avoid menace of co-wives, women are forced to give birth to many children to and bear male descendents. Early marriages, frequent pregnancies and malnutrition are causing high infant and maternal mortalities. Maternal mortality exceeds 600 deaths per 100,000 live births, while infant mortality is as high as 87 deaths per 1000 live births.

2.3 Patriarchy Commodifying Women

For Juliet Mitchell patriarchy is a system of kinship in which men exchange women. Exchange of women takes various forms in FATA such as; volvar, bride price, exchange marriage and swara. Bride price has been an old Pukhtun tribal practice, given cognition in Turizona too. It is a document of codified Rawaj, customs, of Turi Pukhtun tribes, residing in Kurram. Turizona refers to male guardian of woman as her waris/ malik, owner. It contains a nurkhnama, price list, to fix bride prices of women belonging to various tribes, to combat delay in marriages of men.  According to the nurkhnama, price for a:

Virgin (unmarried girl) is 1000 Kabuli

 Widow is 800 Kabuli.
A woman, kidnapped or eloped, escapee of death by her relatives, was to be sold to reside at least 20 miles away. In case a man kidnapped/ran away with a woman, could be killed with impunity. In case he was left alive, had to pay her following price to her owner:
Married woman  2500 Kabuli
Virgin (unmarried)          1200
Widow                          800

Taking away married woman incurred more money, since she had become the property of husband who had paid her bride price. None of the price lists mentions divorced woman, since, divorce has been unthinkable. Bride price is still rampant in Kurram, Khyber and other agencies. It is on the decline amongst a small faction of tribal population, comprising educated middle class, having exposure to urban life.
Exchange marriages are common and often preferred amongst Pukhtun in tribal area. In exchange marriages bride price may not be paid, but a woman is given over in marriage, in exchange for, another woman. Women, in Kurram and Khyber, consider exchange marriage a very difficult and complicated relation. Trouble in a couple directly impacts the other couple. Most of the time, innocent women are punished by their in-laws for acts committed by brothers. Jamila, a young woman from Jamrud, Khyber Agency, is a victim of exchange marriage. She was engaged, in exchange for, getting a wife for her brother when she was only 5 years old. (Khyber Minutes) Rubina was married to her paternal cousin in an exchange marriage. Brother did not want to marry her husband’s sister, hence, from the out set did not treat her well. On the other hand Rubina lived happily with her husband. Rubina’s brother remarried later, extremely displeasing her in-laws, who incited her husband to remarry too and take revenge for what her brother had done to his sister. Though her husband did not remarry but Rubina’s life became miserable. She is scolded and showered with taunts by in-laws for her brother’s sins. Even her husband is called names as beghairat, disgraceful, for not teaching Rubina’s brother a lesson and punishing his sister. (Kurram Minutes)
Women are used as pawns to settle blood feuds and the custom is known as swara. A swara is the unmarried daughter or sister of an offender given over in marriage to a male belonging to an aggrieved family. In addition to blood feuds, honor related disputes are also settled giving/taking swara. One can imagine, swara, in most cases, is treated very badly. Swara may prevent blood shed and enmity, however, an innocent girl has to pay the price for sins of her male relatives.
Men often don’t consult women while settling marriages of children. They give off daughters’ hand to either among their friends or relatives. They only care about their friendships or relations, and are least concerned to find a proper match for their daughters. In this situation girls are often at a loss, they are given in marriage to either old, jobless, already married and/or even drug addicts.

3.   Patriarchal Administrative Practices

The existing system of political administration dis-empowers tribal population in general and women in particular. No woman, whether tribal or non-tribal, has ever been employed in any cadre in the political administration in FATA. If women have any problem, they find it difficult to access the concerned authorities in a purely male atmosphere. It increases women’s dependence on their male relatives. And if women have grievances against their own male relatives, they find no way to register their complaints.
The administration of justice in FATA has been gendered. The system comprises: FCR, Sarkari Jirga and the Political Administration. In civil and criminal cases, PA /APA under FCR, constitutes Sarkari Jirga comprising tribal elders/Maliks (all men). FCR gives Jirga legal sanction on the pretext of autonomy of tribes having their customs and traditions and that Jirga is a speedy and cheap source of justice. Jirga uses its own methods to determine the innocence or guilt. Jirga sends their recommendations to the political agent who either agrees and confirms or rejects and reconstitutes the Jirga. The decision and awards given by the political agent, executive orders, cannot be challenged in any court of law.
Female literacy is only 3 %, and female drop out rate is 70.09 %. Local customs and poor system of administration mainly account for low literacy rate and high drop outs amongst girls. Number of schools for girls and boys reflect gender bias in allocations of funds for schools. Total number of primary schools in FATA: 3,297 comprising 2,015 boys’ and 1,282 girls’ schools. Total 404 middle schools comprise: 282 boys’ and 122 girls’ schools. Total 231 high schools comprise: 205 boys’ and 26 girls’ schools. Out of 10 Higher Secondary Schools, 8 are for boys, and only 2 for girls; out of 32 colleges, 21 are for boys and 11 for girls. There are 9 Government Technical Institutes and 6 Commerce Colleges in FATA, none of them admit women. Disparity in the numbers of educational and technical institutes reveals indifference of the authorities towards gender equity, female education and cultural sensitivities. Restricted mobility of women demands increased accessibility, i.e., more schools for girls at less distances. Highest demand in FATA is for girls’ schools, because girls after getting jobs can add to the meager family income. Inconvenient location of schools has been one of the major causes for girl’s dropouts. (Khyber, Kurram Minutes)
In development schemes, devised by the political administration, there exists no mechanism to assess women’s needs and demands. There has never been an attempt to know if women want schools, colleges, health and skill centers, or income generating projects and where they want them? These are decided by the political administration and Maliks, often, to promote self interest. A Malik may propose a scheme to political authorities to sell/exchange his land to the government or in return for jobs for himself or his relatives. The primary consideration has never been need or accessibility to women. Women’s mobility is restricted in Tribal Areas. It is difficult for them to walk through bazaars and crowded area. To reach even shorter destinations they often have to hire Vans or taxis. Again they cannot go alone to their schools, colleges or workplace whether on foot or in vehicles. They either need to be in flocks, or accompanied by male relatives. It increases women’s dependence on men and makes it costlier for them to travel. In health sector access to health facility is very limited and restricted. In every 50 square kilometers of area there is only one basic health unit, dispensary or rural health center.
FCR, the most important pillar of the system of political administration was designed to control both men and women in tribal areas.  It oppresses men but also reinforces man’s authority over women in two ways; firstly by giving recognition to Pukhtun customary law and referring honour related disputes to Jirga (honour related cases are invariably about women), to be decided according to rawaj, customary law, and sharia. Secondly FCR considers adultery as a crime committed by married women alone. FCR lists adultery along with a list of acts considered hostile towards state officials and property, inter and intra tribal peace. Offence against life, property and peace are generally committed by men, while adultery is committed by married women only. Penalties for men are imprisonment, blockades, and communal fines, indirectly affect women, while penalty of adultery is solely for woman and does not even extend to the man involved. Section 30, of chapter IV titled “Penalties” in FCR dealing with Adultery states:
“30. (1) A married woman who, knowingly and by her own consent has sexual intercourse with any man who is not her husband, is guilty of the offence of adultery, and shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.
[(2) Cognizance shall not be taken of an offence under this section unless a complaint has been made by the husband of the women, or, in his absence, by a person who had care of the women on his behalf at the time when the offence was committed.]”

FCR concedes authority of husband or his appointed guardian to declare a woman guilty of adultery. Under FCR, no case of adultery has ever been registered against a woman. (Khyber, Kurram Minutes) The tribesmen consider it against their honour to settle such cases outside the family and four walls of the house. In addition to that, 5 years imprisonment seems too little a punishment, when they can kill and/or sell the accused woman with impunity.
Pukhtunwali and special status of FATA join hands to establish and reinforce man’s authority over women in private and public spheres.  Exclusion of women from Jirga, the decision making body, and land ownership, the material base of empowerment, leaves women dependent and subordinate in relation to men. Administrative machinery has also been marginalizing women. Women’s access to education and health facilities has been limited. The state has never been interested to empower Pukhtun tribal women through increased opportunities of education, skill development, and income generation. Women are denied right to life, liberty, property, work, education, consent marriage and mobility in the name of Pukhtunwali. The absence of legal safeguards perpetuates oppressive social practices e.g; bride price, swara, early marriages, denial of consent marriage, polygamy and domestic violence, all adversely affect women’s lives.

4. Pukhtun Tribal Women’s Perspectives of Social and Administrative Reforms

Oppressed, marginalized and discriminated by customary and administrative practices, Pukhtun tribal woman still kindles the desire to be considered human being and yearns for fundamental human rights. Female focus group discussions and interviews demonstrate that despite low literacy rate, limited exposure and confinement to four walls of house, she could identify patriarchy that permeates Pukhtunwali and the system of political administration determining her fate. Given opportunity, Pukhtun tribal women articulate issues of their concern and propose reforms in customary, political, judicial and social practices and institutions along with system of political administration.
Women in Kurram unanimously condemned the customary practice that deny women share in inheritance, especially land. Though in theory they are entitled to a share in inheritance, as land settlement has been recorded since early years of 20th century but in actual practice they have been denied and never granted a share. All female respondents in Kurram Agency wanted their share to be transferred to them. They proclaimed that since Islam granted them this right, no one shall deny this right to them. An elderly woman, aged 75, said that I will not give the thumb impression to my brother to transfer my share in land at any cost. Though I am old and nearing death and did not get my share, still I want my share to remain mine. (Kurram Minutes)
Women strongly condemn and argue against polygamy, considering it a cruel and inhuman practice. Upon referring to Islamic provisions, sanctioning man to have four wives, they rejoined saying, it has been wrong interpretations of Islam. Tribal women offered rational interpretation of Islamic injunctions, saying: one needs to have a strong reason, e.g., infertility, disability, insanity or incapability to provide conjugal and domestic services, to remarry. (Khyber, Kurram Minutes) In case of Pukhtun code granting men absolute freedom to practice polygamy, women invoke reason and religion to restrict it.
Women opposed restriction on their mobility since, it hinders access to education.  ‘Islam allows both men and women to go as far away as China to get education, why should women be denied this right?’ (Kurram Minutes) For tribal women development means greater participation of women in the public space. A group of seven girls, interviewed at a Skill Centre in Zeyarhan, Kurram agency, thought that Parachinar has developed since female population has begun coming out of four walls of houses to go to schools, colleges and jobs. However, mobility is still restricted and constitutes a problem. (Kurram Minutes). Both in Kurram and Khyber agencies women demanded that in the given local conditions female students and teachers should be provided transport facility. Girls are mostly not allowed to go to cities such as Peshawar, for higher studies in universities because co-education is yet not acceptable. Parents feel insecure in sending their daughters to other cities alone to reside in hostels. Very few families send girls to Peshawar for University education. Women stressed the need for female post graduate education institutes in the tribal agencies. Before opening a new school, women’s views shall be sought. Young school girls demanded appointment of well qualified teachers in schools and colleges. They advocated for an intensive teachers training programme to train local girls. (Khyber, Kurram Minutes)
Women are fond of going to shop but in Kurram and Khyber it cannot be imagined, since going of women to shops or marketplace is considered to have corrupt morals. (Khyber, Kurram Minutes).  Incidentally, they are allowed to go and register for Benazir Income Support Scheme to receive their share. Jamrud bazaar, completely forbidden to local women, seems filled with women during days of distribution of cheques of Benazir Income Support at post office. It seems social, economic and political initiatives and incentives of the state of Pakistan are instrumental in shaking age old, patriarchal customary practices.
Tribal women visit shrines and relatives for recreation in the absence of parks. They expressed the need of separate women alone parks. Women argued for increased opportunities of education, health, recreation and employment. They express a strong urge to have a life as at least in cities like Peshawar including access to services, recreation and freedom to move. (Khyber, Kurram Minutes). Perceptions about women’s employment have changed considerably; increased acceptability seems to be a result of need for supplementary income in cash starved families. Working woman enjoys more privilege and prestige amongst tribal women and serves as an inspiration to fellow women. Women were unanimous in expressing their desire to work and earn money. In case of opportunity, most of the women wanted to indulge in income generation and deeply felt they do not have any say in the financial affairs of the family at all. Men earn and run the budgets of the family. They even refuse to pay for medicines during severe illness of women.  An old widow aged 40, stitching clothes to earn livelihood, demanded increased opportunities for women in tribal area to work and earn. Another respondent, cursing illiteracy, said, I wish there were opportunities for uneducated women to work as well. We want to be financially independent. (Khyber, Kurram Minutes).
Government Technical Institutes and Commerce Colleges in FATA do not enroll women. Skills Centers for women, in FATA, offer conventional skills reserved for female, such as tailoring, knitting and sewing. Educated young females feel the need for training in computer, nursing, teaching and midwifery. House wives think that trainings in rearing livestock, poultry, dairy and cottage industry can decrease their dependence. (Khyber, Kurram Minutes). Zarlakhta deplored the way men treat women of their family. She said in our area uneducated men don’t even talk to women of their families. Women are not considered capable of earning money or managing monetary matters of the family. Men run budget of the family. Husbands of working women extract salaries of their wives. (Khyber Minutes)
Women condemned Taliban’s version of Sharia, imposition of Islam by force and advocated resistance against Taliban. Women along with men should resist militant groups from taking over their area. Women don’t want to wear long loose clothes and burqa, veil. Wearing padonay, shawl, is enough to fulfill Islamic demand of satar, modesty. Buying arms is just wastage of money. This money shall be spent on education and food. Easy access to arms makes youngsters vulnerable, they believed. They become an easy prey for extremists, militant groups. They, therefore, demanded banning display of arms in the tribal areas. (Khyber, Kurram Minutes).
A majority of women disapproved being barred from casting vote in elections. Sakina intends to vote in the upcoming election, and will vote for a candidate of her own choice. If her husband tries to influence her decision she will not cast her vote at all. (Khyber Minutes).
Tahira, from Jamrud, condemned FCR and the system of Political Administration in FATA, and wished its abolishing, however, she argued women were not in a position to oppose and change it since they lack say in their domestic affairs, how can they influence political and social issues? Giving vent to the feelings of helplessness, one of the respondent said, ‘We are oppressed by the system and wish to go somewhere else’. (Khyber, Kurram Minutes). Casting vote in an election contested by various political parties holding different programmes for women can act as catalyst for change. However, denial of right to associate with a political party by successive governments and restricted franchise has kept the door to change completely shut in the name of local traditions. Women said we want to vote for candidates who could bring change and make our area more developed. Women’s desire to vote and choose candidate having certain criteria shows that women want to be part of the political process. (Khyber, Kurram Minutes).
A thirty five year old woman in Jamrud felt discriminated in the existing system of political administration. She aspired for progress and prosperity, like the capital cities of Pakistan. In FATA, ‘Special status only benefits smugglers and Maliks, the rest of the population is all wary of the system.’ Women consider Political Agent system equally bad for men and women, and they wanted to abolish it. (Khyber Minutes).
Tribal women prefer extension of Pakistani Courts to replace Jirga, however, they are concerned that, ‘men will never accept Pakistani law and courts, since, if a woman commits a crime, or brings a bad name, men prefer to kill her inside the four walls. They will never let her go to prison. In tribal culture it is not even thinkable.’ (Khyber, Kurram Minutes). The existing system of political administration that marginalizes and deprives women and sustains under-development has been defended by a few tribal men through an appeal to the sentiments and notion of honour.
 Women on the other hand unanimously condemned special status of FATA holding it responsible for poverty, unemployment and lack of modern facilities in tribal areas. Jobs quotas are granted to tribal Maliks, they do not give jobs to the competent and deserving, rather demand bribes to employ people. Three sons of an elderly woman were jobless for they lacked money to bribe the Maliks, reported a lady. She was sad for not being able to marry her ageing sons in time due to the lack of jobs and money. Women complained against levying of heavy fines under collective territorial responsibility, enshrined in FCR and imposed by the political administration. We had to sell even our jewelry, livestock and household utensils to pay fines, they complained. Women were of the view that PA imposes heavy fines for personal gains and to punish unrelenting clans/individuals/ethnic minorities. ‘PA is like a king, he wields unbridled power’. They also demanded curtailing his power. (Khyber, Kurram Minutes).
Women of Kurram and Khyber Agencies unanimously rejected the notion that Jirga has been delivering quick and cost effective justice. Jirga decides after several meetings and both parties have to arrange grand feasts, at times, gifts are offered to the Jirga members also, costing much, to get a judgment. Jirga fails to deliver justice, since it can be manipulated easily using power and money. People are not satisfied, the rich and powerful can get away despite committing heinous crimes using power of money in Jirga system. Sarkari Jirga is very corrupt. (Khyber, Kurram Minutes). Jirga seems to deliver very little, specifically, in women related issues. Victims of domestic violence, find no recourse. There is nothing to protect these women. The traditional village elders do not intervene because violence by husbands or in-laws on women is considered to be a family affair. There is no court or traditional forum where they can lodge a complaint or seek assistance. There is no inbuilt mechanism in tribal society or customary law to redress such grievances. In proposed reforms, there has nowhere been a proposal of including women in Jirga. Reform committees, comprising all male members, do not appreciate women’s role in the traditional public sphere.
Women professed moderate version of Islam. They condemned militancy in the name of Islam and ethnic differences. They said Islam does not sanction killing people. Women in Kurram said Sunni and Shia are both Muslims and lived like brothers and sisters. Political administration creates differences and pitches them against each other. (Khyber, Kurram Minutes).

5.   Conclusions

Special Status of FATA, a colonial legacy, has always been promoting the interests of the authorities with least concern for rights, development and welfare of the tribal population. It has also been granting legitimacy to patriarchal practices of Pukhtunwali as customary law; thereby, creating a space for oppressive customs and discriminatory practices against women in the name of Pukhtunwali. Historically, Pukhtunwali has been projected and practiced, to establish and reinforce man’s authority over woman, limiting her potentials and compelling her to accept a subordinate role. Exclusion of woman from Jirga and denial of share in inheritance, especially land, has been perpetuating her dependence upon and subordination to man. In the name of Pukhtunwali, Pukhtun tribal woman has been persistently deprived of fundamental human rights. Collusion of Pukhtunwali and Special Status has been instrumental in sanctioning bride price, honour killing, swara, child, exchanged and forced marriages. Institutions formed under the system of political administration recognize only man’s role in the public sphere. They have been restricting women’s mobility and access to health, education, decision making and employment, hence, reinforcing patriarchal practices in FATA. Tribal women lack forums to articulate issues of their concern, create awareness, to mobilize and defend their fundamental human rights.  
Tribal women in FATA seem to be yearning for their basic human rights and demand reforms guaranteeing these rights. Women oppose legal sanction given to: all-male Jirga by so called special status along with Pukhtunwali; customary patriarchal tribal practices that deny women right to life, property, health, education, employment, recreation, liberty to even move and consent marriage. Women demand legal safeguards against social practices such as domestic violence, polygamy, bride price and Swara. Tribal women in contrast to tribesmen do not express skepticism towards reform. They want extension of Pakistani Laws and to live like equal citizens of Pakistan. They consider special status of FATA to be the cause of underdevelopment in the area and demand abolishment of this colonial legacy, political administration and FCR. Their judgment is grounded in reality not in myth of tribal autonomy, falsely projected in the notion of Azad Qabail.
Women urge, when provided opportunity, reform, peace and development, may serve as a constituency for change and shall not be ignored while charting/implementing reforms in FATA. To organize women, forums for awareness, advocacy and mobilization are required. Extension of Political Parties Act and allocation of seats in parliament as well as local institutions may give impetus to their participation in the political process. No one shall be allowed to bar women from casting votes. Elections held without women voters shall not be considered valid. Land settlement and written record of it may encourage granting share in inheritance to women. Extension of jurisdiction of superior courts and Pakistani law including Muslim Family laws Ordinance (MFLO) 1961 shall enable tribal women obtain rights granted to other citizens of Pakistan. In case of grant of fundamental rights and freedom to participate in the public sphere, tribal women can contribute towards peace, development, stability and curbing extremism and violence in the region.

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