TITLE:
ARMED FORCES SPECIAL POWER ACT
AND VIOLATION OF HUMAN RIGHTS
IN NORTH EAST INDIA
INTRODUCTION:
Independent India hangs on to many cruel measures created by the Colonial rulers. In order to crush the “Quit India Movement, the British enacted the Armed Forces (Special powers) ordinance, 1942. In 1953 the Government of Assam promulgated the Assam Maintenance of public order (Autonomous Districts) Act in Naga and Tunsang hills, declaring emergency in those areas. The Assam (Disturbed Area) Act was passed in 1955. This was followed by the promulgation of Armed forces (Assam – Manipur) (special powers) ordinance in May 1958. In September 1958, after a year the parliament converted it into the Armed Forces (Assam – Manipur) special power Act. In 1972 the Act was extended to all the seven starts in the North –Eastern region of India. They are Assam, Tripura, Meghalaya, Arunachal Pradesh, Manipur, Mizoram and Nagaland.
In this paper an attempt is made to described how AFSPA carried an unrest situation in the North-East and how it has been violating the human rights of the people of the region. It is in this context, this paper seeks to give a historical and yet critical analysis of AFSPA and its adverse effect in Human Rights. The objective of this article is to analyse the AFSPA and its impact on the people of Northeast India.
WHAT IS AFSPA:
“The Armed forces (special power)” Act of 1958 is one of the more draconian legislations that the India parliament has passed in its parliamentary history. This Act shortly “AFSPA” was implemented in North-Eastern State of Assam and Manipur, and was amended in 1972 to extend to all seven states in the North-Eastern region of India. They are Assam, Manipur, Tripura, Meghalaya, Arunachal Pradesh, Mizoram and Nagaland also known as seven sisters.
This Act gives the Armed forces wide powers to shoot, arrest and all in the name of “aiding civil power”. The impact of the Act on the people of the region is dangerous. It has resulted in innumerable incidents of arbitrary detention, torture, rape and looting by security personnel. This Act has made the people of region to suffer a lot people are deprived of basic human rights which are inherent in every individual’s life. The legislation is sought to justify by the Government of India on the plea that it is required to stop the North-East states from seceding from the Indian union.
Ever since the Armed Force special power Act was enacted; parts of India have been under effective martial rule and army occupation. The 1958 Act empowers armed personnel to kill on the merest hint of suspicion, with almost complete impunity from prosecution. Yet surprisingly, or perhaps not so surprisingly it is little known outside the areas where it is applied – the North-East and Kashmir, every child knows what it means. Army with guns pointed at the ready standing at street corners, regular cordon and search operations, frisking, curfews, schools being shut, the occasional sound of gunfire, are all part of every day experience.
VIOLATION OF HUMAN RIGHTS BY AFSPA:
Indian Government has imposed Armed force (special power) Act in 1958 in Assam and Manipur and was extended to all the states of NE region in 1972 with a purpose of eliminating insurgency activities from the region. But practically no out came is seen except hurrahing the innocent people of the area. Now whole the NE region is under effective martial rule and region is under effecting martial rule and occupation. People see army men with guns pointed at the ready standing at street corners, regular cordon and search operation, frisking curfews, school being shut, occasional sound of gunfire are all part of every day experience. AFSPA has resulted in innumerable incident of arbitrary detention torture rape and looking by security personal. The region has truly become a killing field. Such incidence has affected many innocent lives and fight for justice is becoming extremely difficult for the traumatized families who have to live through the horrific experience over and over again. Recourse to Léger help is a near impossible, because the act has given such power to the armed forces personal that no body can lodge any complain against them in the police station. In that case peace keeping police authority also helpless as except the central government even the concern state government can’t do any thing against the act.
The armed forces (special power) Act passed by parliament in 1958, the AFSPA automatically comes in to force when the Indian Government designated a territory as a disturbed area. It empowers the armed forces to arrest without warrant, to conduct search and seizure without warrant and to shoot even to the causing of death or mere suspicion. No legal proceeding against abuse of such arbitrary powers can be initiated without the prior permission of the central Government. While introducing the AFSPA to maintain, “internal security” on August 18, 1958 the Government accepted it as an emergency measure and it was supposed to have remained in operation only for one year.
AFSPA gives the armed force wide and blanket powers to shoot to kill (section 4.a) arrest (section 4.c ) and search (section 4.d) without a warrant in a disturbed area in aid of the civil power .The quartets out rage of the act is order to maintain public order to maintain public order. This power to shoot to kill in to not given only to a private jawing. But in reality “every rank and file of the armed forces exercise this power. Section 4 (a) violated article 21 of the Indian constitution which provide” no present shall be deprived of his life and personal liberty except according to procedure establish by law” section 5 of the AFSPA violates article 22 of the constitution by permitting the armed forces to detain person arrest under the act for an unspecific period of time without judicial review. The south Asia Human digits documentation center right observes that this provision violates every norms of a civilized society. Section 4(a) is a denial of the fore most fundamental right to life.
Indian security forces have reportedly communed human rights violations. Over the year, several incidents of violation of human rights in the state have been documented by human right agencies, involving much death, torture destruction of properly etc. demand that the law be repealed to prevent abuse of power by security forces have been raised across the society. The law which empowers the armed forces of the union (army and paramilitary) to arrest search and even kill civilians on suspicion and provide impunity from legal action unless prior sanction is obtains from the union Government has been termed as black law or draconian law by the common denizens. Human rights are basic rights which inherent in every individual’s life without which one would not be able to live a normal life. To live in dignity is itself a fundamental right, and is also essential for the realization of all other human right – right that are universal , indivisible interconnected and interdependent. All human being are entitle to the human rights with out discrimination of any kind, such as race, color, sex, ethnicity, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status. Every woman, man, youth and child has the right to a standard of living adequate for health and well-being to food, clothing, housing, medical care and social services.
Most human right are concerned with certain fundamental freedoms allow us to fully develop and use our human qualities, our intelligence and our spiritual and other needs. They are based on life in which the inherent dignity and worth of each human being well receive respect and protection. To protect human right is to ensure that people receive some degree of decent, human treatment. To violate the most basic human right, is to deny individuals their fundamental moral entitlement. The denial of human rights and fundamental not only is an individual and personal tragedy, sow the seeds of violence and conflict between societies and nations. As the first sentence of the Universal Declaration of Human Rights states respect for human rights and human dignity is the foundation of freedom, justice and peace in the world. Among the rights guaranteed to all human being under international bill of human rights or the rights to life, liberty and security of person, the right to the highest attainable standard of health, the right to just and favorable working conditions, the right to adequate food, housing and social security, the right to education, the tight to vote and take part in the conduct of public affairs and the right to participate in cultural life.
The fights between armed forces and armed opposition groups have erected a situation of internal war in the region. Addition, there are other derivatives of conflict in the form of bands, economic blockades, strikes etc. that cause destruction to private and public properties, shortages of food supplies and essential commodities. Indefinite closure of educational institutions, affect one’s personal growth, development and health.
In the protest of AFSPA darn, strikes, burning of effigies are carried out because of which school public health center closed, and right to education and adequate health are threatened. As the school remain closed for a week or sometimes month made the child deprived from right to education. Education is one of the basic rights of children; however, in conflict situations such rights are inevitably violated. Youth are facing uncertain future. There are no big industries or factory which could provide and contribute to the economic development of the state. Getting into lucrative government jobs by their luck or merit are very few.
MAJOR AREA OF HUMAN RIGHTS VILOTION BY AFSPA:
The act has been violating human rights of North East India in many areas. Among these rape, disappearance, arbitrary killing, custodial death, etc are the major areas. First, reported rape case in Manipur by the security forces was that of Ms. Ross in 1974 before AFSPA was imposed on the state. An officer of the Border Security Force repeatedly raped her. Ross committed suicide out of shame while the perpetrator went scot-free, due to lack of sufficient evidence. In the year 1996 at Ahanjaba two Army personnel raped a married woman in front of her 12-years old son, on July 19,2000 M. Mercy, a 25 years woman was, gang raped by the personnel of 112 Battalion, Central Reserve Police Force (CRPF). The family lodged the complaint immediately, but even after three months no identification parade was conduct and not a single person was arrested. Some of the glaring examples of arbitrary killing were also available like Heirangathong Massacre of 1984 where13 spectators of a volley ball match were arbitrary killed by the CRPF, Oinam massacre of 1987 where 15 villagers were arbitrary murdered by the Assam Rifles and Tera Massacre of 1993 where 5 innocent civilians were killed and many sustained bullet injuries by CRPF etc. There were cases of disappearance too. Numbers of people were disappeared when the armed forces arrest suspects. Many people never come out of the torture cell. They simply disappear. There were examples of illegal detention and torture also. Khuraijam Pranam Singh (aged about 23 years) who had an electrical shop and Ms, Naobi, a teacher by profession were in that list.
The people of NE India have witnessed three major military operations as part of counter insurgency operations. They are (1) Operation Bazrang, (2) Operation Rhino and (3) Operation Blue Bird. These three operations had also violated large scale human rights in that region.
These above are the major areas and ways of human rights violation in North East India by AFSPA of 1958. All these cases of human rights violation had very nicely symbolize the status of human rights in North East in the shadow of AFSPA.
CONCLUSION:
The imposition of AFSPA Act has led to widespread human rights violation in NE to live a normal life human rights are needed. It is inherent in every individual’s life. People should be left with them to live in dignity. It is fundamental life. Every man, woman youth and child has the right to a standard for living adequate for health and well being to food, clothing, housing, medical care and social service. But AFSPA gives the armed forces wide and blanket power to shoot to kill arrest and search without a warrant in a disturbed area in aid of the civil power. The greatest outrage of the act is depriving life on mere suspicion in order to maintain public order, it violated article 21 of the Indian constitution which provide “No person shall be deprive of his life and personnel liberty except according to procedure establish by law”. Section 5 of the AFSPA violates article 22 of the constitution by permitting the armed forces to detain person arrest under the act for an unspecific period of time without judicial review.
Repeal of AFSPA will help to create favorable condition of dialogue with militant groups in North East India. Dialogue must be a way forward and repeal of AFSPA will enable militant group will to come forward for dialogue with the government. Repeal of the Act from the region will definitely create a good atmosphere for the solution of the insurgency problem. We can site a good example of Laldenga of Mizoram. The government must look into the voices of various civil bodies and organization on the issue of repeal of AFSPA. Both, the insurgent groups as well as state authorities should not take up a rigid stand. Resolving of conflict through dialogue has been successful in many countries. Repeal of AFSPA may be a step forward in bringing peace this fragile region. Though it may not be enough, still it may create conditions of peace which will prove to be beneficial in the long run.
Reference: list:
1. Abdulrahim P. Vijapuer, Kumar Suresh, (Ed), ‘Perspective of Human Rights,’ Manak publication Ltd, 1999.
2. Baruah, Sanjib, “Durable Disorder: Under standing the polities of North – East India.” OUP, 2005
3. Kamboj, Anil,’ Manipur and Armed Forces (special power) Act 1958,’ strategic Analysis Oct –Dee –2004
4. Laishram, Dhanbir, “North – East in Benthic zone,” Akansha publication House New Delhi, 2007.
5. Maita, Kironshanker, “The Noxious web: Insurgency in NE India,” Kanishka publication, 2001.
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