TAKATOO Issue 14 Volume 7 1 July- December 2015
Bilingual/Bi-Annual Pashto / English Research Journal Issue No. 14 Volume No. 7 July- December 2015
TAKATOO
ISSN: 2075-5929
Editor : Dr. Javed Iqbal
Department of Pashto, University of Balochistan, Quetta
E-mail: [email protected]
TAKATOO Issue 14 Volume 7 2 July- December 2015
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 3 July- December 2015
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 4 July- December 2015
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. Badshah.i.Rome (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 5 July- December 2015
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 exlusive/independent opinions of the authors. The journal’s agreement to the analysis/opinion of the author is not necessary to be the same.
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TAKATOO Issue 14 Volume 7 6 July- December 2015
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 scholars/researchers contributing articles to the bilingual/bi- 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 author’s 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 7 July- December 2015
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 & 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 Ph.D. 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.
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26. Zafarullah Bakhshalai Ph.D. 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 Ph.D Scholar, Pashto Academy, University of Peshawar
nt Professor, Department of Pashto, UoMا Norulbasar Aman Assista .30
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 Ph.D. Scholar, Department of Pashto, University of Peshawar
35. Dr.Altaf Ullah Research Fellow, NIHCR, Centre of Excellence, Quaid-e- Azam University, Islamabad..
TAKATOO Issue 14 Volume 7 9 July- December 2015
Contents (English Portion)
S.No Researcher Title Page . Dr. Hanif Khalil Kakaji’s Contribution to 10 1. Sofia Saleem Pashtun Society
Dr.Abdul Qadir Khan 14 2 Syed Amir Shah The Nexus of Religious Dr. Adil Zaman Kasi Extremism and Pakhtun Culture: Myths and Realities
Jaffar Shah Culture, Language and 21 3. Syed Hussain Shah Literature the Inseparable
Entities
Zainab Akram An Analysis of Mottves 28 4 Hajira Masroor Behind Change of Pashto Abdul Rehman Kakar Language Within the Socio- Linguistic Context in Pakistan: A Case Study
Dr.Altaf Ullah Inhuman laws in Frontier 41 5. Crimes Regulation: A Case Study of FATA
TAKATOO Issue 14 Volume 7 10 July- December 2015 Kakaji’s Contribution to Pashtun Society
Dr. Hanif Khalil *
Sofia Saleem ♣
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 20 th 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 Mahmud’s 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 ♣ Ph. D Scholar, National Institute of Pakistan Studies (NIPS), Quaid-e-Azam University, Islamabad
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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 Gandhi’s 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 Khan‘s 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 “SILAB”. 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 12 July- December 2015 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 “ASLAM”. 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)
ﺗــــــــﻮرو ﺳــــــــﺘﺮ－ﻮ ﮐ＋ــــــــ３ دې ﺳــــــــﭙﻴﻦ ﻣــــــــﺦ را＊ــــــــﮑﺎره ﺧﻠﻘـــــــــﻮ ﻧـــــــــﻮم ﺑور ﺎﻧـــــــــﺪې ﺷـــــــــ ﻤﺲ وﻗﻤـــــــــﺮ ５ﮐ ＋ـــــــــﻮد ﭼـــــﯽ ﺑـــــﻪ ﻳـــــ３ ﺳـــــﺘﺎ د ﻟ ﻴـــــ ﺪو ﺗـــــﻮان ﻧـــــ ﾢ ؤ ﭘـــــﻪ زړو ﮐ＋ـــــ３ دې ﺧﻮاراﻧــــــــــﻮ ﭘــــــــــﻪ ﺗــــــــــﺎ ﻧــــــــــﻮم د دﻟﺒــــــــــﺮ ５ﮐ ＋ــــــــــﻮد دﻏــــــــﻪ ﺳــــــــﺘﺎ د ﻴﻣ ﻨــــــــ３ ﺳــــــــﺎز ﭘــــــــ ﻪ ﻛ＋ــــــــ３ ﻏ８ ﻳــــــــ８ي －ﻨـــــــ ３ ﻧـــــــﻮر ﭼـــــــﺎ ﭘــــــــﻪ ﻏـــــــﺰل ﮐ＋ـــــــ ３ ﻫﻨـــــــﺮ ５ﮐ ＋ــــــــﻮد ﭼـــــــﯽ ﻳـــــــ３ ﭼـــــــﺮې ﺳـــــــﺮ ﺧـــــــﺰان وﺗـــــــﻪ ！ ﻴـــــــ ﻧـــــــ ﾢ ﺷـــــــﻮ ﭘــــــــﻪ ر＊ــــــــﺘ ﺎﻴ ﭘــــــــﺮې ادې ﻧــــــــﻮم 請ــــــــﻨﻮﺑﺮ ５ﮐ ＋ــــــــﻮد "(9 ).
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 “Olasi Adabi Jirga” for the promotion of Pashto language and literature. He was a revolutionary person. He died in 1963 and was buried in his own village.
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References :
(1) Idrees Sonober(2013, 11 April Thursday). An introduction to Sanobar Khan Sanober,. Retrieved on May 1, 2013, from http://sanobarids.blogspot.com/: http://sanobarids.blogspot.com/2013/04/an-introduction-to-sanobar-khan- sanober.html (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 p.22 (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 http://sanobarids.blogspot.com/: http://sanobarids.blogspot.com/2013/04/an-introduction-to-sanobar-khan- sanober.html (8) An Introduction to Sanobar Khan Sanober. (2013, April 11). Retrieved on April 26, 2013, from http://sanobarids.blogspot.com/2013/04/an- introduction-to-sanobar-khan-sanober.html by idrees sonober. (9) Ibid. (10) Ibid p.31
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 Husain,Shakhsiat Aur Fun Islamabad:Acadamy Adbiat:Islamabad.Pakistan. 3. Sonober, Idrees (2013, 11 April Thursday). An introduction to Sanobar Khan Sanober,Retrieved on May 1, 2013, from http://sanobarids.blogspot.com/: http://sanobarids.blogspot.com/2013/04/an-introduction-to-sanobar-khan- sanober.html
TAKATOO Issue 14 Volume 7 14 July- December 2015
The Nexus of Religious Extremism and Pakhtun Culture: Myths and Realities
Dr.Abdul Qadir Khan * Dr. Adil Zaman Kasi ♥ Syed Amir Shah ♣
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 9/11 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. ♥ Assistant Professor, Department of Political Science, University of Balochistan, Quetta. ♣ Lecturer, Department of Political Science, University of Balochistan, Quetta .
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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 7 th 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 alone.In 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 16 July- December 2015 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 Bhutto.This 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 price.These 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 17 July- December 2015 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 enemy's 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 Taliban's 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
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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 woman's 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 women's 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 view.Before 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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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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References: 1. Kaplan, R. D. (June 2009). "The revenge of Geography", Foreign Policy institute, Washington. 2.Totten, M. J. (2009). The Taliban and Pashtun Nationalism. Retrieved 2014, from www.Michaeltotten.com: http://www.commentarymagazine.com/blog/index.php/totten/64212 3.Saigol, R. (April 2012). "The Multiple Self: Interfaces between Pashtun Nationalism and religious conflict on the Frontier", South Asian History and Culture. 4.Khan, A. R. (2009). "The Dirtiest War",Sabawoon Online. 5.Ejaz, M. (2009, August 19). "Pashtun Nationalism",Daily Times. 6. Saigol, 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 Pakhtun",The News. 8. Ibid. 9. Escobar, P. (July 2009). "Kashmire: Ground zero of Jihad",South Asia Journal . 10. Caroe, O. (2000). "The Pathans",Kegan Paul International, London
TAKATOO Issue 14 Volume 7 21 July- December 2015
Culture, Language and Literature the Inseparable Entities
Jaffar Shah ∗∗∗ Syed Hussain Shah ♣♣♣
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 T.S 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
∗ Lecturer, Department of English Balochistan Agriculture College Quetta, Pakistan . ♣ Lecturer, Department of Education Govt Boys Inter College, Brewery Road Quetta .
TAKATOO Issue 14 Volume 7 22 July- December 2015 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 subject.An 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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Language :
Crystal (1971, 1992) explains language as “the systematic, conventional use of sounds, signs or written symbols in a human society for communication and self expression”. Saussure (1956, 1972, 1974,1983) introduces language as the system of differences. “If words stood for pre-existing concepts, they would all have exact equivalents in meaning from one language to the next; but this is not true” (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 Litaritura/litteratura which stands for “writing formed with letters”.There 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 24 July- December 2015 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 25 July- December 2015 generation to generation. The words ‘culture’ and ‘cultured’ 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 language.The 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 26 July- December 2015 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.
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References:
(1) Crystal, D. (1971). Linguistics.Harmondsworth: Penguin. ---- (1992). Linguistics.Harmondsworth: Penguin. Eliot, T.S. (1961), Notes toward the Definition of Culture, London: Faber and Faber. (2) Goodenough, W.H. (1996). Culture. In Levinson & 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 (10 th ed.). Springfield, M.A: 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, F.de. (1956). Course in General Linguistics. (R. Harris, trans.). London: Gerald Duckworth. (7) Saussure, F.de. (1972). Course in General Linguistics. (R. Harris, trans.). London: Gerald Duckworth. (8) Saussure, F.de. (1974). Course in General Linguistics.tr. Wade Baskin, London: Fontana. (9) Saussure, F.de. (1983). Course in General Linguistics. (Ch. Bally, trans.). London: Gerald Duckworth. Taylor, E.B. (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, B.L. (1956).Language, Thought, and Reality: Selected Writings of Benjamin Lee Whorf, John B. Carroll (ed.), ed., MIT Press.
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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 Masroor ♣ Abdul Rehman Kakar ♥
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-Migration.The Labov’s 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, i.e. 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 speaker’s 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 ♣ Lecturer, Department of English, Balochistan University of Engineering and Technology, Khuzdar ♥ Lecturer, Department of Pashto, . University of Balochistan, Quetta
TAKATOO Issue 14 Volume 7 29 July- December 2015 something that is beyond linguistics or extra-linguistic (socio-political and economic) motivations (Farrar&Jones, 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 individual’s 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 change,is 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 as koineisation , which is identified as a linguistic factor. A number of studies have been conducted in this realm, for example New- Zealand English(Trudgill, 1986); Hindi/Bhojpuri 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 & Kaufman 1988; Trudgill, 1986). The Afghani migrates are found to be in continuous contact with Pakistani people (Thomason& Kaufman, 1988; Trudgill, 1986). The act of Migration has influential consequences for the social foundation of three communities, which are:The society of origin,the 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). Since,Language change can have internal (intra-systemic), external (contact- based) and extra-linguistic (socio-political and economic) motivations (Farrar & Jones, 2002), it is supposed that the migration of people is a leading cause of
TAKATOO Issue 14 Volume 7 30 July- December 2015 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 factors,according 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 other’s language and from this reason language changes over time off and on (Sankoff, 1980).The linguistics changes
TAKATOO Issue 14 Volume 7 31 July- December 2015 within a language by different linguists are suggested to be on the levels of phonology, morphology and syntactic.The 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, e.g., šarmedal “to blush, be modest, etc., from Persian “šarm” (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 Persian/Urdu 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. 4.1 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 generation’s 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: 4.1.1.Evaluation 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:
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These sentences have been taken from two generations people’s 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 i.e. the word “Mor janay” is being used for addressing mother, comparatively in the sentence of new generation’s person. This extra sophistication is being removed and instead of calling mother “Mor janay” is replaced by “mor” 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 Salam!ZoyaKha 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 son.How 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 DartaWayelGhwaram,Kana.? 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 MorYem,za De Le StargonaPohegamaChe Sa De Pa Zra k Di. (Afghani Pashto) Mother: WozmaBaacha, Za de MorYem,za 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?
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Analysis: These sentences have the difference only in terms or replacing the word “plar” with “baba” 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 “mor” which means mother and “plar” 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 “Jar Sham” are being substituted by “qurbansam” 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. 4.2 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 34 July- December 2015 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 generation’s 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: 4.2.1.Analysis of the conversation: Conversation between friends about school: Sentence no. one Asad: Worora starraymasay. (Teenager’s Pashto) Asad: Worora starraymashay. (Old version) Translation: hello brother. Analysis: Words which previously used to be pronounced as “starraymashay” is being pronounced as “starraymasay” in current, which can be marked as change in accent Sentence no. two: Mehmood: khairyosay.Thastarraymasay.Singa ye? (Teenager’s Pashto) Mehmood: khairyosay.Thastarraymashay.Singa ye? (Old version) Translation: hello to you too. How are you? (No difference except as mentioned above) Asad: sha yam da khudayfazal de.Dasi pa bayra di qadamoonaakhstalzma pa khayalcheyozayrawan way. (Teenager’s Pashto) Asad: kha yam da khudaypazal de.Dasi 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 “qadamoona” is a changed version that was previously pronounced as “ploona”. Sentence no. three: Mehmood: hahahashapo sway. School tharawanwam,sanawakhtha swam pa day mi zarzarqadamoonaakhstal. (Teenager’s 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. (Teenager’s Pashto)
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Asad: khatha ham makthubthazay. (Old version) Translation: ok so you also go to school? Analysis: In old version “school” was called as “makthub”.New 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? (Teenager’s Pashto) Mehmood: walithalakachenazay? (Old version) Translation: why? You do not go I guess. Analysis: Words “lakache” is being replaced by “khayalche”. Word “khayal” 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 jora.Da khudai da ilamizdakawalrabanbandayfarzsawy di agha kawama.Akhplaimadrasaythazam. Aw da school me khasnakhawashizhiche pa school ki da kaufarilm aw da aghuekhabari war zdakizhi. (Teenager’s 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 don’t 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 “izdakawal” and “zdakawal”, “farz sway” and “parzshaway”, “akhpal” and “khapal” , morphological difference in words “izdakyzi”, zhdakyzhi” is maped out. Sentence no. seven: Mehmood: Asadjanaawalkhozathathah da wuwayamache pa school kimuzh da dunyawiulumosaradeniulum hum war izdakaee. (Teenager’s 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:
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Vocabulary replacement of words “makthub” by “school” 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 laru.Che pa aghuikimoli/qari sab muzhtha da quranshareeftafseer, da Islam ehkamfika, aw arabizabaraizdakaee. (Teenager’s Pashto) Mehmood: haghadasichemuzh da tafseerislamizdakaray aw arabisaatuna ham laru.Che 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 “satuna” is replaced by its englishterm”period”.
4.2. Analysis: Accentual difference in words “hagha ” and “agha” is available in these dialogues. Afghani new generation/Pakistani 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) finish/end Amrikayan/ Kafar amirican/ goraway American Gelagay sukhwandar calf Gastara ghwa cow Bijlaki bijlai/ Badai ankle Orlagit bakas/machas match box
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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 Wryan/kuchniyankushniyan 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 Damdaig/bukhar cooker (derived from English) cooker Thorai ama auntie Khaza shaza woman
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Brustan taltak blanket Jawaz akhroat (derived from Urdu) walnut Wagayayzha khabiriwaka talk Marai dodi bread Sadar patu man’s 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 generation’s language of Afghani migrants, have been modified and converted in Pakistani Pashto by the time.As 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 back.As Herbert Spencer (1820, 1930) presented the idea of “survival of the fittest and fastest”, in social evaluation every that human deserves to live who mold himself according to the society environment which is fittest and fastest.
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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.
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References : • Afghani, A. (1960), Athaleq Pashto: University Book Agency Press. • Baxter, G. (2006), Modeling language change: An evaluation of Trudgill’s theory of the emergence of New Zealand English, New Zealand. • Bell, A. &Mohamad, M. S. (1983). Reversed Sonority in Pashto Initial Clusters. Journal of Phonetics , 11. pp.259-75. • Esser, H. (2006). Migration, Language And Integration. European Foundation for the Improvement of Living and Working Conditions. • Foulkes, P. (2009). Language acquisition and phonological change. New York. • Hickey, R. (2001). Language Change: In Handbook of Pragmatics. Krauss, R. (1985). Language and Social Behavior: In Handbook of social psychology .vol. 2
• Lassiter, D. (2008), Semantic Externalism, Language Variation, and Sociolinguistic accommodation: Blackwell Publishing Ltd. • Mahlang, D. (1987), Educational Research Methodology Pretoria. Haum Press. • Milory, J. (1985), Linguistic change, social network and speaker innovation: Cambridge University Press. • 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 . A.I. Memo No. 1516. C.B.C.L. Paper No. 115 • Paul, K. (1994). Dialects converging: Rural speech in urban Norway: Oxford Clarendon Press. • Payne, R. (1987). Iranian languages: The world’s major languages. SIL International • Penzle, H. (1955), A Grammar of Pashto: In A descriptive study of the dialect of Khandahar, Afghanistan . Afghanistan press. • Sankoff, G. (2001), Linguistic Outcomes of Language Contact:Pennsylvania. • Yang, C. (2001), Internal and external forces in language change: In Language variation and Change. U.S.A. Cambridge University Press. • Steingass, F. (1998). A comprehensive Persian-English Dictionary.Typoress, Beitut, Lebanon.
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Inhuman laws in Frontier Crimes Regulation: A Case Study of FATA
Dr. Altaf Ullah ♣♣♣
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 19 th 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 crimes. i The colonial authorities after thorough visualization drafted and executed a comprehensive system of legal and formal codes in the form of Indian Penal Code ii and Code of Criminal Procedure iii 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
♣ Research Fellow, National Institute of Historical and Cultural Research, Centre of Excellence, Quaid-i-Azam University, Islamabad..
TAKATOO Issue 14 Volume 7 42 July- December 2015 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 1872. iv After the establishment of North West Frontier Province, the government executed the same Regulation with some minor modifications which was called Frontier Crimes Regulation 1901. v 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 Afghanistan. vi 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 sections. vii 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 areas. viii 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 today. ix 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 FATA. x Inhuman laws in the Frontier Crimes Regulation The most critical feature of Frontier Crimes Regulation is the system of ‘collective territorial responsibility’. 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 ‘collective territorial responsibility’, the whole family, clan, sub-clan or village may suffer a verity of punishments. xi 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 convicted. xii The responsibility to implement the verdict of jirga has been given to
TAKATOO Issue 14 Volume 7 43 July- December 2015 the tribe in “non-protected” 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 ‘collective responsibility’ has been articulated by John Coke xiii 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: “to 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 commence.” xiv John Coke’s notion of ‘collective responsibility’ 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 prevention. xv 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 ‘collective responsibility’ in order to control the tribes. xvi 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 circumstances. xvii It is mentioned in the Regulation that political administration may impose fine on communities’ accessory to crime. In this respect section 22 of the Regulation thus states: “Where, 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
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(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 whole.” xviii 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 sedition.xix The tenure of this imprisonment can be increased for another three years by the Deputy Commissioner or Political Agent. xx He can oblige an individual to execute a bond for keeping peace and good behaviour for a period not more than three years. xxi 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 etc. xxii 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 law. xxiii 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 tribesmen. xxiv 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 don’t 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 Agent’s 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 “to 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 justice.” xxv In case of split decision, the FCR tribunal is the ultimate appellate body consisted of three senior civil bureaucrats. xxvi 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 judgment. xxvii 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 45 July- December 2015 superior courts has been restricted by this law which states, “except 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 Court.” xxviii
Constitutional Anomalies
The constitution of Pakistan although declares that the territories of Pakistan shall comprise among others “the Federally Administered Tribal Areas” xxix presenting FATA as an integral part of the county but the “fundamental human rights”, xxx 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 one. xxxi 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 affairs. xxxii 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 Jirga.xxxiii 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 Pakistan. xxxiv Clause 3 of Article 247 declares that “No 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 direction”. xxxv Hence, it is ironical that
TAKATOO Issue 14 Volume 7 46 July- December 2015 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 state. xxxvi 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 FATA. xxxvii 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 Pakistan.xxxix
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 India’s 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.
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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 1 st 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 Livingston’s 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. “Summary of 2011 Amendments to the Frontier Crimes Regulation (FCR) ” http://www.fatareforms.org/summary-of-2011- amendments-to-the-frontier-crimes-regulation/ accessed on 30 July 2013, n.p. vii Muhammad Maqbool Khan Wazir, “FATA Under FCR (Frontier Crimes Regulation): An Imperial Black Law” in Central Asia , No. 61, Winter 2007, Area Study Centre (Russia, China & Central Asia) University of Peshawar, p. 177. viii Mahmood Shah, “FCR and FATA Reforms” http:/dawn.com/2011/04/05/fcr- and-fata-reforms/ accessed on 11 June, 2012, Also see Maqbool, “FATA Under FCR (Frontier Crimes Regulation): An Imperial Black Law” in Central Asia , No. 61, Winter 2007, p. 175. ix Latif Afridi, “Human Rights and Discriminatory Laws in FATA” 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 (C.P.C), Criminal Procedure Code (Cr.P.C) and other laws of evidence functioning in the country are not
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applicable in FATA. Thus, no lawyer can defend an accused at a trail. Maqbool, “FATA Under FCR (Frontier Crimes Regulation): An Imperial Black Law” 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, “Pakistan: Human Rights – Infringing Human and Child Rights” n.p, http://www.humanrights.asia/news/forwarded-news/AHRC-FAT-047- 2010 accessed on 12 January, 2013. Also see Muhammad Hamid Hussain, “Frontier Crimes Regulation: A Case Study of Reforms Process” 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. G.B. Malleson writes about Coke as follows: “Colonel 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. Kaye's History of the Sepoy War, (USA: Cambridge University Press, n.d). xiv Sarfraz Khan, “Special Status of Tribal Areas (FATA): An Artificial Imperial Construct Bleeding Asia” 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) i.e. ‘collective territorial responsibility’ 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, “Special Status of FATA: Illegal
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Becoming Licit” in Central Asia , No. 63, Winter 2008, Area Study Centre (Russia, China & 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, “FATA Under FCR (Frontier Crimes Regulation): An Imperial Black Law” 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, “Frontier Crimes Regulations: A Black Law” 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, “FATA Under FCR (Frontier Crimes Regulation): An Imperial Black Law” in Central Asia , No. 61, Winter 2007, p. 191. Also see Afridi, “Human Rights and Discriminatory Laws in FATA” 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 N.W.F.P, 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, “FATA Under FCR (Frontier Crimes Regulation): An Imperial Black Law” 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.
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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, “FATA Under FCR (Frontier Crimes Regulation): An Imperial Black Law” in Central Asia , No. 61, Winter 2007, p.179. xxxii Ayaz Wazir, “Let them Decide” 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, “Celebrating Independence in FATA” 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, “Frontier Crimes Regulation: A Case Study of Reforms Process” in TIGAH , Vol. 1, p. 110. xxxvii Ayaz Wazir, “Is FATA a Part of Pakistan” in The News, Rawalpindi, 25 March 2013. xxxviii Waseem Ahmad, “FATA’s Administrative Anomalies” in Pakistan Observer , Islamabad, 21 October 2012. ∗∗*∗∗xxxix Harris Khalique, “Our Tribal Areas” in The News, Rawalpindi, 10 October 2012.