PESHAWAR: Tribal women continue to be a commodity as, under the age-old tribal customary law enforced in Kurram Agency even today, they are categorised as ‘married,’ ‘virgin,’ ‘widow,’ and ‘abducted’ with each one of them carrying a different price tag.

The British colonial rulers left the tribal region in 1947 with the creation of Pakistan, but the customary law – Turizona – they put in place in 1944 to govern Kurram Agency is still valid, governing the region with its inhuman and discriminatory clauses even 69 years after the independence.

Under Turizona, every tribal woman carries a price tag defined under ‘Rasmana’ as the amount of money the heir(s) of a woman are entitled to receive when she gets married. In case a woman is abducted, Rasmana becomes effective. The aggrieved party, the heirs of the abducted woman, is entitled to receive a specific amount of money in an effort to settle the issue.

Turizona, an initiative undertaken in 1931 by Maj Ross Hurst, the then political agent of Kurram Agency, categorises women in multiple sub-categories and each varying category contains a different price tag. For example, a virgin woman was given a separate price tag under ‘Rasmana’. Same goes for the married, widows and abducted women.

Under Turizona law enforced by the British, all local women put in different categories carry a price tag

For example, Rasmana payable in abduction of a married woman was fixed at 2500 Kabuli rupees, abducted virgin 1200 Kabuli rupees, and abducted widow 800 Kabuli rupees. As per the law, if the abducted woman married a man of her choice (from her abductors) the Rasmana was to be paid as per the normal fixed rates.

However, if she was married forcefully, the Rasmana would get doubled as per the law.

As per Rasmana determined back in 1940s (which is applicable even in the 21st century), bridegroom was to give five to seven sheep to the bride’s family, 10-13 kilogrammes ghee, a specific quantity of rice, wheat flour, salt, tea, gur, sugar, Kurut (dried yoghurt balls), gate money two Kabuli rupees and few other items to the relatives of bride at the time of marriage.

It does not end here. The bridegroom was also liable to pay a certain amount in cash to the bride’s family at the time of their marriage. Called as Mahar, the bridegroom, in the old days, was liable to pay an amount of 12 Kabuli rupees to 100 Kabuli rupees to the bride’s family. The Mahar amount (which as per original Islamic tradition is meant for the bride) was determined keeping in view the social and financial status of the bride’s family.

Since the law has neither been scrapped nor amended, it holds ground with all its insensitive discriminatory clauses, dealing women as tradable commodity on sale with a shelf price.

Going through Turizona, it appears tribal women of marriageable age hailing from different tribes and clans were considered any other saleable commodity in the old days. The situation has not changed as no one, from among the civil and military governments that ruled the country from 1947, ever bothered to scrap the disgraceful piece of law.

Another discriminatory aspect of the customary law is that if divorced by husband, the woman has not been entitled to claim any amount from her husband by way of compensation or Dover.

Only positive part of this tribal law is that forced marriage has been prohibited and seeking will of before marriage was declared compulsory. But this section of the codified law is largely not followed. Will of the girl is not obtained before marriage. Practice of receiving cash amount in the name of “Mahar” from the bride groom still exists.

For example a father recently demanded car in return of giving hand of his daughter. Some receive cash in the name of Mahar.

Justifying the tradition of Rasmana the law says: “On account of exorbitant prices of girls, persons die issueless and unmarried at an age at which they should have several children. As much as 4000 Kabuli rupees have been demanded and paid for a girl.”

“A standard rate of “Rasmana” was approved to lower the rate and fixing the price of women such times as public opinion would sanction a further lowering of the price.”

The federal government has planned starting documentation of customary laws in other tribes in Fata to repeal the existing Frontier Crimes Regulation (FCR) with the new Tribal Areas Rewaj Act.

The documentation of Rewaj is part of the government proposed plan for political streamlining of Fata and officials said that it would be a lengthy and complicated exercise.

Turizona comprises three parts – general, criminal and civil. Some portions of India Penal Code were also included in criminal matters in Turizona. It also differentiates between offences committed by day and those committed by night.

Part-I (general) deals largely with issues related to women, minorities, inheritance, marriage, divorce, inheritance rights of unmarried women, rights and duties of Hamsaya (people cultivating lands of owners).

Officials admitted that most of the customs and traditions of tribes had become irrelevant and could not be applied. “50 per cent of the customs have become outdated and can’t be applied in 21 century,” said an official.

“We had approached elders of Kurram many times to bring amendments to Rewaj Kurram, but they ignored,” said another official who had served as assistant political agent in the valley.

“The irony is that respective political agents did not bother to make changes in Riwaj in consonance with the present day’s realities,” he said.

Published in Dawn October 2nd, 2016