HR-North East

HRW urges India to repeal AFSPA

2007-11-20T16:10:00.001-08:00

HRW urges India to repeal AFSPA

http://www.hindu.com/thehindu/holnus/001200711210325.htm

Washington (PTI): A US-based human rights watchdog has urged the Indian government to repeal the Armed Forces Special Powers Act (AFSPA) in force in Jammu and Kashmir and the North-East, alleging that it provides "impunity" for abuses and "fuels militancy".

"The Armed Forces Special Powers Act (AFSPA) grants the military wide powers of arrest, the right to shoot to kill, and to occupy or destroy property in counterinsurgency operations," Human Rights Watch said.

The group said it has documented many cases in Jammu and Kashmir, such as the killing of human rights lawyer Jalil Andrabi in 1996, in which the perpetrators, as members of the armed forces, were "shielded by the impunity offered by the AFSPA".

"The Armed Forces Special Powers Act effectively allows Indian troops to get away with murder," said Meenakshi Ganguly, senior South Asia researcher at HRW.

"The Indian government may claim that it has zero tolerance of human rights abuses, but this law shields troops from prosecution and punishment."

Ganguly said generations of Indians have suffered abuse at the hands of troops empowered by this act, and it has "fuelled the cycle of violence in Kashmir and the North-East".

"Ending this impunity by repealing AFSPA would be the best way to address the public discontent that only fuels further militancy."

All new Yahoo! Mail -

Get a sneak peak at messages with a handy reading pane.

Against a draconian law

2007-09-20T06:58:00.001-07:00

Against a draconian law

Nava Thakuria reports from India

http://www.weeklyblitz.net/index.php?subaction=showfull&id=1190204220&archive=&start_from=&ucat=3&cat=3

Imphal, the capital of Northeast Indian state of Manipur remains in media headlines for various insurgency-related issues, but this time the tiny city witnessed a different kind of program that attracted international media attention. Hundreds of activists sat for solidarity fast in support of an Imphal girl for four days starting on September 13. The thirty-crossed Meitei girl Irom Sharmila Chanu has already completed six years of her continuous fast demanding the repeal of Armed Forces (Special Powers) Act, 1958 from Manipur. The AFSPA, termed as a draconian law in the country, is applicable in Northeast and Jammu & Kashmir only.

The agitators participated in the demonstration following the appeal of National Alliance of People's Movements (an umbrella front for nearly 200 organizations fighting for human rights in India) and Asha Pariwar with the Manipur Forward Youth Front. Representatives from National Identity Protection Committee (NIPCO), All Manipur Student Union (AMSU), All India Human Right Association (AIHRA), All Manipur Kanba Ima Lup (AMKIL), Thangmeiband Khunthokhambi Meira Paibi lup (TKMPL), All Manipur Social Reformation and Development Samaj, All Manipur Tammi Chingmi Apunba Nupi Lup, Salei Apunba Nupi Lamjing, Salei Lup Chingamokh, Mahila Shanti Sena with others joined the solidarity fast programme. The agitators gathered in front of Jawaharlal Nehru Hospital, Imphal, where the fasting 'iron lady' had been kept by the government for nasal feeding. Hundreds of school students also joined the program.

Sharmila, in fact, has changed the face of protest for Manipur in the last few years. The curly-haired, fair complexioned agitator has completed full six years of her non-violent protest with hunger strike on November 2 last year, which she started immediately after the Malom massacre, where the Assam Rifles personnel killed 10 innocent people. The girl from the Meitei community, Sharmila sat on hunger strike demanding the repeal of AAFSPA) from Manipur. And it is now in seventh year and still continues. The Guinness Book of World Records has already recognized Sharmila as the longest surviving fasting individual in the world. According to the Guinness Book, it is the longest protest on a social cause by a single individual anywhere in the world.

It may be mentioned that, AFSPA that is applied in Northeast since 1958 empowers the security forces to arrest people without warrant, and use excessive force (including shooting or killing, even if the lives of the members of the security force are not at imminent risk). The Act facilitates impunity because no person can initiate legal action against any member of the armed forces for anything done under the Act, without permission of the central government. Manipur was placed under AFSPA in 1980, since then the state witnessed innumerable killings.

Located nearly 2400 km away from the national capital of India, the Burma bordering state is home to 30 ethnic groups. However, the land of jewels (as Manipur literary means) nurtures nearly 25 armed outfits, which have been fighting New Delhi with demands ranging from sovereignty to self-determination. New Delhi continues arguing that the security personnel need AFSPA to deal with the situation affectively.

Lastly Sharmila won the 2007 Gwangju Prize for Human Rights. Instituted by South Korea's Th Gwangju Asian Human Rights Folk School in 1980, the award is conferred to someone, who contributes significantly for human rights and social justice. The Burmese democracy icon Aung Saan Suu Kyi is one of many recipients of the internationally acclaimed award.

Born in 1972 to Irom Nanda and Irom Shakhi, Sharmila is the youngest of the 9 children and showed braveness since her childhood. Moreover, despite the struggles, Sharmila keeps alive her creative efforts. She has completed two poetry books in Manipuri language 'Imadi Khongdai Setlaroi' and 'Khunai Kanba Numit' consisting of around 100 poems. She also writes articles in Manipuri language dailies. Her elder brother, Irom Shinghajit, while reiterating that they would not go against her wishes, however, apprehends that Sharmila is already 'half dead'.

Sharmila has been supported by a number of human rights workers and social activists in the Northeast India and abroad. From the Imphal based the Human Rights' Alert to Naga Women Union of Manipur and the Hong Kong based Asian Human Rights Commission to Bangkok based Asian Forum for Human Rights and Development share solidarity with her. Support has been poured from Katmandu based South Asia Forum for Human Rights to London based Institute of Race Relations and Transnational Institute of the Netherlands. The list of supporters is now elongated with the entry of North East Network, Peace Women Across the Globe, Human Rights Law Network, Aman Trust, PEACE, INSAF, SANGAT, ANHAD, KRITI etc.

Dr Sandeep Pandey, the convenor of NAPM, who lead the solidarity fast in Imphal saluted the zeal of Sharmila to continue her 'fast unto death' programme for almost seven years. The Magsaysay Awardee expressed deep anguish that New Delhi had ignored the recommendations of two committees to real the black law. The Justice Jeevan Reddy Commission (2004), which organized public hearings in various parts of Northeast and understandably recommended the government to repeal the AFSPA. Similarly Veerappa Moily Administrative Reforms Committee also favored the same initiative.

On the fourth day of solidarity fast, a group of selected protesters went to meet Sharmila in the hospital after due permission from the authorities. Speaking to this writer from Imphal, Dr Pandey, who accompanied the team informed, "Sharmila became very emotional in the beginning and she said what she was doing was for all living beings. She said that truth will be victorious in the end and that it was God's Will that she had to undergo this fast."

The eminent social scientists Dr Pandey had more points to add, " The incidents of violence and extortions are not really confined to Northeast and J &K. On can have abundant examples of such acts trough out the country (precisely in UP and Bihar). Then why New Delhi is sighing enough to impose AFSPA (or any other black laws) in such states of the country as well? It signifies that the government of India is biased against Northeast and J&K in this particular issue."

Posted on 19 Sep 2007 by Root

Yahoo! Canada Toolbar : Search from anywhere on the web and bookmark your favourite sites. Download it now!

Human rights violation highest in NE, J&K: Dr Sandeep Pandey

2007-09-14T07:51:00.001-07:00

Human rights violation highest in NE, J&K: Dr Sandeep Pandey

Luit Neil Don

13 September 2007, Thursday

"The human rights violation in North East and Jammu & Kashmir is worst in the country. These areas have suffered a lot from time immemorial and people of these areas are facing an identity issues. It is a pity that after the 60 years of democracy, Assam cannot become a part of true democratic set-up in the largest democracy in the world," said Ramon Magsaysay Award winner Dr Sandeep Pandey, in Guwahati, on Wednesday.

For his years of dedicated service and leadership Dr Pandey was awarded the Ramon Magsaysay Award in 2002, often considered the Asian equivalent of the Nobel Prize. He was selected in the Emergent Leadership Category, and is among five others to have won the coveted award. At 37, he is also the youngest Indian to have been conferred the award.

Dr Pandey, who was in Guwahati, on way to Imphal, the capital of Manipur, to take part at a three-day solidarity fast to support Irom Sharmila's campaign against the Armed Forces Special Powers Act (AFSPA) in Manipur, said: "It is not only the Northeast region but the human rights violations are going on in almost every place of India. Uttar Pradesh has the highest number of encounter killings in the country, but there is no draconian law like the AFSPA there. The Government of India is biased against Northeast and J&K in this issue."

Talking about the separatist movement in the northeastern region, Dr Pandey said: "Continuous presence of military in this region will have a severe impact on the people. If this process goes on, the Northeast will soon become militarized state. Whatever form of Naxalism, separatism and terrorism exists, the only way to solve is by political solution."

When asked about the armed conflict in Northeast, he said: "It is up to the people of the region to find out an amicable solution. What the local people want, should be respected. The Government will facilitate talks. I think dialogue is the only way to solve the insurgency. Militarisation will never solve the issue."

Coming down heavily against the uranium mining in Meghalaya, Dr Pandey said: "Uranium is radioactive and creates health hazards. Till now world has not find out any solution to the radioactive effects. At a time when many countries have given up the nuclear programmes, it is really shocking to see the Indian Government is planning uranium mining in Meghalaya."

Mentionably, hundreds of human rights activists from all over the country as well as from neighbouring Asian nations will assemble in Imphal today (13 September).

Sharmila had gone on hunger strike on November 2, 2000 demanding the repeal of the AFSPA, after soldiers of the Assam Rifles allegedly killed ten young Meitei men in Malom. Three days later, police arrested Sharmila on charges of 'attempted suicide', because suicide or attempted suicide is a criminal offence under Indian law. She was later remanded to judicial custody. To keep her alive, she was forcefully fed a cocktail of vitamins, minerals, laxatives, protein supplements and lentil soup through the nose with a rubber pipe.

All new Yahoo! Mail -

Get a sneak peak at messages with a handy reading pane.

Atrocity in India's tribal heartland

2007-05-25T17:58:00.001-07:00

Atrocity in India's tribal heartland
By Praful Bidwai
http://www.thenews.com.pk/daily_detail.asp?id=57628
The detention of noted human rights activist Binayak Sen under the Chhattisgarh Special Public Security Act, 2005 (PSA) and the Unlawful Activities (Prevention) Act has attracted nationwide condemnation. Sen, general secretary of the Chhattisgarh People's Union for Civil Liberties (PUCL), and the union's national vice-president, was arrested for his alleged links with banned Maoist groups.

The critical allegation is that Sen met senior Maoist leader Narayan Sanyal more than 30 times in recent months in the Raipur central jail. On the very face of it, the charge is preposterous. Sen met Sanyal with the authorities' knowledge and consent and always in the presence of a jailer. As a civil liberties activist, it is his legitimate function to meet detainees and ensure that their fundamental rights are respected. Whether he met Sanyal 35 times or 100 times is totally irrelevant.

It speaks poorly of the Chhattisgarh government that it cavalierly levelled defamatory and scandalous charges against an activist-intellectual of Sen's standing, who has an illustrious record as a public-spirited paediatrician connected with the people's health movement. Sen was involved with the setting up of the Shaheed Hospital, an initiative of the great trade unionist Shankar Guha Niyogi who was murdered at the behest of rapacious industrialists.

The hospital, owned and operated by a workers' organisation, remains unmatched anywhere in India for helping the population of a backward tribal area callously neglected by the state. Sen was on the official advisory committee that drew up one of India's most successful community-based primary healthcare programmes.

It's nobody's case that Sen is a Naxalite, or a Maoist sympathiser. Everyone who knows him, as this writer has done for many years, will testify to his commitment to a peaceful struggle for a compassionate, humane society. Yet, the Chhattisgarh government arrested him under the draconian PSA. This extraordinarily repressive law allows for detention of a person on the vaguest of charges. The charges include committing acts with a "tendency to pose an obstacle to the administration of law� and actions which "encourage(s) the disobedience of the established law". This law criminalises even non-violent protests, including Gandhian civil disobedience. It's a disgrace that the PSA remains on India's statute books.

Sen was detained even before the police had obtained a shred of evidence against him. Since then, they have searched his house and claim to have collected "hundreds of incriminating documents", which include compact disks, pamphlets and other papers. Now, most of the documents are in the public domain. The list includes newspaper clippings, CDs on "fake encounters", and letters from victims of state repression, since published in newspapers. Much of the impounded material pertains to Sen's work as a health and civil liberties activist.

Clearly, these malicious police allegations are of the same variety as the charges filed in 2002 against The Kashmir Times Delhi bureau chief, Syed Iftikhar Geelani. He too was accused of possessing "classified" documents, suggesting links with terrorists. The police were forced to retract all such charges when it was established that Geelani's "secret" documents were obtained from public-domain sources, none of them remotely connected with terrorism.

Geelani was detained for eight months -- and released without apology or explanation -- because he is a Kashmiri and related to separatist leader Syed Ali Shah Geelani. Sen is being harassed because he's a civil liberties activist who has courageously exposed a number of police atrocities. These, remarkably, include 155 "fake encounters" in Chhattisgarh in two years. The latest was the cold-blooded murder of 12 Adivasis on March 31 -- which made the headlines even as the public was absorbing the shock from revelations about the "encounter" killing of Sohrabuddin Shaikh and Kausar-Bi by DIG Vanzara in Gujarat.

It would be an even greater injustice if Sen has to languish for months in jail before the charges against him are disproved. Surely, Indian courts have a duty to prevent such miscarriage of justice. Surely, top politicians and bureaucrats have learned some lessons from the sordid stories of abduction and outright killings committed by trigger-happy policemen. Surely, it has not escaped the attention even of India's creaking justice delivery system that draconian laws, which allow preventive detention and forced confessions, are liable to be -- and usually are -- misused. They create a climate of impunity, in which no official is held accountable for his/her gross misconduct.

It bears recalling that the rate of conviction under the Terrorist and Disruptive Activities (Prevention) Act was less than two per cent. This speaks of gross abuse of the law. The police didn't bother to collect evidence, which would help their case stand up. They used TADA (and later POTA) to bung people into jail and extract confessions from them under duress, including threats of "encounters". Such laws became excuses not to conduct diligent investigation, while raising alarmist fears about extremism, terrorism and threats to "national security".

The PSA was used in Chhattisgarh four times earlier -- for instance, to arrest a petty shopkeeper for selling groceries to Maoist sympathisers (of whose identity he probably wasn't aware), and to harass a Class XII student who was in love with a suspected Naxalite.

The Chhattisgarh police are now planting stories about a "close relative" of Dr Sen's, who is subversive by virtue of having studied at Jawaharlal Nehru University! Only a warped khaki brain can think in such philistine, irrational ways. Yet, it's precisely this way of thinking that led the Chhattisgarh government to set up Salwa Judum, a viciously right-wing band of thugs who target and kill Maoists. They have razed villages, raped women and looted what little the poor possess -- with police collusion. Salwa Judum has ignited a civil war and done incalculable harm to ordinary Advasis. No fewer than 47,000 people have become homeless owing to its depredations.

However, the Chhattisgarh government's anti-Naxalite juggernaut continues to roll on, setting Advasi against Adivasi, village against village, and bankrupting the state of all its legitimacy. The government now plans to use helicopter gunships to intimidate villagers, cut down prime forests, and repeat the "Strategic Hamlets" strategy of the United States during the Vietnam War by creating "Naxalite-free" villages. And yes, they plan to use grenades, not just bullets, in skirmishes with Maoists.

There's a larger purpose behind the anti-Naxal operations apart from trying to liquidate Maoists. It is to make Chhattisgarh safe for huge mining and industrial projects, which dispossess people. Chhattisgarh is selling its precious mineral wealth cheap to promote neoliberal capitalism. It has signed more than 30 memoranda of understanding with business houses, including multinationals with a terrible human rights record. The human consequences of such a strategy have become obvious -- especially in Chhattisgarh, Jharkhand, and Orissa. In Orissa, there's growing popular resistance to the South Korean company POSCO's steel plant and the Tatas' steel mill. 2006 began with the gunning down of 13 Adivasis at Kalinganagar. And last fortnight saw attacks upon peaceful protestors by goons hired by POSCO.

This insanity must stop. The monstrous mining and steel projects, in which the people have no stake, must not be granted clearance by bypassing environmental and rehabilitation scrutiny. Or else, the state will lose all its popular legitimacy. Then, the Maoists will have achieved their purpose.

The writer, a former newspaper editor, is a researcher and peace and human-rights activist based in Delhi. Email: prafulbidwai1@yahoo.co.in

Be smarter than spam. See how smart SpamGuard is at giving junk email the boot with the All-new Yahoo! Mail

Sharmila, Ebadi and Human Rights

2007-05-20T17:37:00.001-07:00

Sharmila, Ebadi and Human Rights
By: David Buhril

Irom Sharmila Chanu's resort to fasting for the repeal of the Armed Forces Special Powers Act 1958 (AFSPA) is raising more attention and concern after her six year's fasting. On May 11, 2007 Sharmila came to Delhi with the Manipur jail authorities, her doctor and nurses to appear in the court of Ms. Kamini Lau, ACMM at Patiala House Court Complex on the charge of intending to commit suicide. What about the Satyagraha's instrument, is the question. But some truth has strange interpretation and version. Although the interpretation and version has no strength to negate the cause of her movement, it questions and contests the noble struggle. Sharmila honestly told the court, "It is my only instrument. I have no other means", when she was asked why she wanted to end her life by fasting. Meanwhile, Sharmila was recently awarded the Gwangju prize for Human Rights, 2007.

Shirin Ebadi, the 2003 Nobel Peace Prize winner and human-rights activist, spoke strongly in support of Sharmila when she visited Delhi in November 2006. Ebadi spoke through her interpreter and talked about the discriminatory nature of AFSPA, which she called "a strange thing" in Indian democracy. Ebadi was more serious than she sounded as she talked about Sharmila's struggle.

Fifty eight years old Ebadi who was a judge dismissed from the bench after the 1979 Islamic revolution in Iran is now a lawyer who works to promote freedom, spotlight gender inequity and child abuse, and defends dissidents against Iran's theocratic regime. Ebadi visited Sharmila at New Delhi AIIMS hospital when the latter was continuing her fast for the repeal of AFSPA. Ebadi was moved by the dogged will and struggle of Sharmila. Ebadi expressed concern about Sharmila's deteriorating health conditions and said, "If Sharmila dies, the courts and judiciary are responsible, Parliament is directly responsible as the Parliament passed the laws. If Sharmila dies, the military is responsible because they created conditions for her to go on hunger strike. If Sharmila dies, the executive, the Prime Minister and the President are responsible." Ebadi also said, "If Sharmila dies, each one of you journalists are responsible because you did not do your duty. You never write about the innocent people dying in Kashmir and the North East."

Ebadi called Sharmila "women with the will" and talked at length about the unbending strength of Sharmila and said, "Women are the one who can carry the message across the globe." Ebadi felt that to disregard women and bar them from active participation in political, social, economic and cultural life would in fact be tantamount to depriving the entire population of every society of half its capability. Ebadi is very much concerned about Sharmila as she felt that the entire system, civil society and the authorities have created a condition where her voices are contained. She charged everyone saying: "You never say anything. You never speak out." Ebadi actually begged the journalists to present the struggle of Sharmila and the discriminating AFSPA so that the world knows that things such as these are taking place in India. She also requested the journalists to go to the North-East of India and Kashmir to witness the violations of human rights.

Referring to the six year long hunger strike of Sharmila, Ebadi said, " I have worked in the areas of human rights for more than thirty years and my speciality is rights of prisoners. I have seen many people going on hunger strike. But what I saw here was a woman with an amazing will." Ebadi showed deep anguish and anger on taking a serious note of the AFSPA. Ebadi said that she reserved the right to criticise the human rights violations in India, as human rights is universal. Ebadi said, "human rights should function as a guarantor of freedom, justice and peace. If human rights fail to be manifested in codified laws or put into effect by states, then, as rendered in the preamble of the Universal Declaration of Human Rights, human beings will be left with no choice other than staging a "rebellion against tyranny and oppression." A human being divested of all dignity, a human being deprived of human rights, a human being gripped by starvation, a human being beaten by famine, war and illness, a humiliated human being and a plundered human being is not in any position or state to recover the rights he or she has lost." Ebadi also said that improving human rights conditions in any country is the responsible of the people of that country and that every country has the duty to make its opinion known on the human rights of another country. Ebadi said, "If the 21st century wishes to free itself from the cycle of violence, acts of terror and war, and avoid repetition of the experience of the 20th century, that most disaster ridden century of humankind, there is no other way except by understanding and putting into practice every human right for all mankind irrespective of race, gender, faith, nationality or social status." Ebadi also said, "Sharmila has a little demand. She is demanding for a just tribunal. Help her not to die." On May 11,2007 Sharmila had to furnish a personal bond to the tune of Rs. 10,000/ for regular bail. She then returned to Imphal's JN Hospital to her security ward where the routine of nasal feeding and fortnight court appearance would continue. Not only that, Sharmila would also continue her struggle for the repeal of AFSPA. She is too certain when she said, "I will continue my fast."

Be smarter than spam. See how smart SpamGuard is at giving junk email the boot with the All-new Yahoo! Mail

Army apologises for atrocities - - -

2007-05-08T10:54:00.003-07:00

Army apologises for atrocities on Arunachal villagers
ITANAGAR, May 7 – The Army has apologised to the Arunachal Pradesh Government following complaints of atrocities on Namgo villagers in the State's Lohit district in the wake of operations carried out after an IED blast by suspected ULFA militants on April 25.

The apology was conveyed to the Governor S K Singh last night when he called up the commander of the second mountain division Maj Gen N C Marwah.

Arunachal Rural Development Minister Chowna Mein had briefed the Governor about the alleged army atrocities on the villagers after the blast in which two army personnel were killed and four others were injured.

The briefing followed an interaction Chief Minister Dorjee Khandu had with his Cabinet colleagues.

After the briefing, the Governor spoke to Maj. Gen Marwah, based at Dinjan in Assam, and told him that such incidents should not be repeated in future.

Mein, who visited the village, said the villagers were made to clear the jungles and used for searching the bodies. The armymen, he claimed, had confined the villagers without food and water for some time immediately after the blast. – PTI

Be smarter than spam. See how smart SpamGuard is at giving junk email the boot with the All-new Yahoo! Mail

UN panel urges India to repeal Armed Forces Act

2007-05-08T10:54:00.001-07:00

UN panel urges India to repeal Armed Forces Act
From Our Correspondent
IMPHAL, May 7 – The United Nations Committee on Racial Discrimination under the International Convention on Elimination of all forms of racial discrimination has urged the Government of India to repeal the Armed Forces (Special Powers) Act within a year and replace it "by a more humane Act" in accordance with the recommendation contained in the 2005 report of the Review Committee set up by the Ministry of Home Affairs. It also requested the Government of India to release the report.

U Nobokishore, convenor of Dialogue Forum, conveyed the United Nations' move during an interaction with the reporters here on Sunday. He said, "The Armed Forces Act was designed in 1958 by Government of India specially for the North Eastern States of India, therefore the Act is discriminatory to the people in this part of the world".

North Eastern states, particularly Manipur have been witnessing widespread public outcry now and then in view of the unwanted atrocities by the security forces in the name of Counter-Insurgency operations.

Considering the sentiment of the people,Government of India constituted a five-member review committee and the report has been submitted to the concerned authority two years back. But till date the authority is neither releasing the report nor implementing it's recommendations.

Acknowledging the move, UN's International Convention on Elimination of all forms of racial discrimination seriously discussed the periodic reports of India at Geneva on February 23 and 26 last, says the Convenor.

According to the observations of the Convention, the Committee noted with concern that the state party has not implemented the recommendations of the committee to review the Armed Forces (Special Powers) Act to repeal the Act under which members of the armed forces may not be prosecuted unless such prosecution is authorised by the Central Government and have wide powers to search and arrest suspects without a warrant or to use force against persons or property in Manipur and other North-eastern States which are inhabited by tribal people.

The authority should seek the prior informed consent of communities affected by the construction of dams in the North East or similar projects on their traditional lands in any decision making processes related to such projects and provide adequate compensation and alternative land and housing to those communities.

The UN's observations were made in connection with Government's move to construct mega dams like Lower Subansiri at border between Assam and Arunachal Pradesh and Tipaimukh Dam in Manipur's Churachandpur district.

Be smarter than spam. See how smart SpamGuard is at giving junk email the boot with the All-new Yahoo! Mail

Panel urges India to scrap Armed Forces Special Powers Act

2007-03-04T13:45:00.001-08:00

Panel urges India to scrap Armed Forces Special Powers Act

By Iftikhar Gilani

http://www.dailytimes.com.pk/default.asp?page=2007%5C03%5C04%5Cstory_4-3-2007_pg7_34

NEW DELHI: The International Commission of Jurists (ICJ) on Saturday concluded two days of public hearings in India by calling on New Delhi to scrap a draconian law that affords the military sweeping powers to curb insurgencies.

The hearings represented part of the ongoing fact finding mission conducted by the Panel, comprising eight independent legal experts appointed by the Geneva-based Commission in 2005, on the experience of terrorism and counter-terrorism measures in South Asia, within its broader mandate of researching the global impact of terrorism and counter-terrorism measures on the rule of law, human rights and humanitarian law.

Chairing the Panel was South Africa's Arthur Chaskalson, the country's former chief justice and first president of the country's Constitutional Court. Also representing the Panel was Thailand's Vitit Muntarbhorn, a professor of law at Bangkok's Chulalongkorn University and United Nations expert on human rights in North Korea. The Panel confirmed that its members had held private meetings with senior Indian government officials, including Home Minister Shivraj Patil and National Security Advisor MK Narayanan, to pres for a repeal of the 1958 Armed Forces Special Powers Act (AFSPA).

Addressing a press conference, Chaskalson said: "We informed the Indian government that there was a broad consensus that recommendations of the review committee to repeal" the AFSPA should be given effect. The AFSPA was originally designed to stem strife in India's remote northeast by permitting the military to arrest without warrant and shoot-to-kill known militants. However, the Act was later extended to Indian-held Kashmir to fight the Islamist separatist insurgency that has, since 1989, been fighting New Delhi's rule of the disputed state.

A government forum last year also called for the scrapping of the law, while Indian Prime Minister Dr Manmohan Singh had promised a review of the Act following the widespread protests after Indian soldiers allegedly raped and murdered a 32-year-old rights activist last July in the country's troubled Manipur state.

Chaskalson also said that the Panel had discussed human rights violations committed during the Gujarat communal riots that left 2,00 people, mostly Muslims, dead.

"We specifically asked the government officials about the reports of human rights violations in the Gujarat riots." While recognising important safeguards in India's anti-terror laws, he went on to say that the Panel had found that legal frameworks, such as the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Prevention of Terrorism Act (POTA), had led to serious human rights violations throughout the country.

Civil society groups from Jammu and Kashmir, Chattisgarh, Manipur and Jharkhand had earlier told the Panel hearing that Indian authorities routinely misused and abused counter-terrorism measures. They charged New Delhi with engaging in excessive application of these laws in states not affected by terrorism and with using them in a discriminatory manner to target minority communities and those belonging to lower castes.

Thus the Panel concluded that the existence of too many anti-terror laws often proved counter-productive, leading many communities, especially within the South Asian context, to feel alienated and persecuted. "Instead of isolating terrorist suspects, it (the abuse of anti-terror laws) exacerbates rather than reduces tensions and violence," said Chaskalson.

He went on to say: "The Panel is of the view that counter-terrorism measures in South Asia (in order to be effective) should go in conformity with the international human rights standards." Stressing that the Panel had concluded that adequate intelligence provided the key to improved security, which was only possible when the public had complete faith in the state apparatus, Chaskalson concluded by saying: "We are not here to pronounce judgment on how terror laws are being applied on the ground but to understand if there are checks and balances and if they can be tested against international standards." The Panel has also toured other parts of South Asia, including Sri Lanka, Bangladesh, the Maldives and Nepal. It has now left India for Pakistan to conduct public hearings in Islamabad.

It will issue its global report on terrorism, counter-terrorism and human rights towards the end of 2007. Meanwhile, AFP quoted a political analyst from Delhi University, AS Ojha, as welcoming the Panel's calls for India to repeal AFSPA, which he said had been borrowed heavily from laws passed during the British colonial era and represented a "dark legacy". "It's not only the ICJ but many global forums which have said its repeal will solve half of the region's problems," he added.

All new Yahoo! Mail

Get news delivered. Enjoy RSS feeds right on your Mail page.

India: Concern over reported unlawful killings by security personnel in Assam

2007-01-29T20:58:00.001-08:00

http://www.amnestyusa.org/news/document.do?id=ENGASA200052007

News

AMNESTY INTERNATIONAL

Public Statement

AI Index: ASA 20/005/2007 (Public)
News Service No: 017
26 January 2007

India: Concern over reported unlawful killings by security personnel in Assam

Amnesty International is concerned at reports of shootings, allegedly carried out by Central Industrial Security Force (CISF) personnel, that resulted in the death of two local businessmen near Geleki town, Sivasagar district (a town outside CISF jurisdiction in Upper Assam) on 23 January 2007. A third businessman was seriously injured.

Amnesty International would like to remind the Indian authorities that they are obliged, under both international human rights law and the Indian Constitution, to ensure that no one is arbitrarily deprived of their right to life.

According to reports, Mr Nilikesh Gogoi, Mr Bholu and Mr Arun Saikia were returning from a coal depot in Anakbati when the shooting took place. According to Arun Saikia, who is currently undergoing treatment for bullet wounds to his stomach, CISF personnel overtook their vehicle when they were returning from Anakibati, a town bordering Nagaland, at approximately 23.30 and without warning immediately opened fire on the unarmed civilians.

Amnesty International understands that a judicial inquiry into the incident has been ordered by Tarun Gogoi, Chief Minister of Assam, and that compensation to the families of the deceased has been offered. The organization understands that no action has been taken against the Deputy Commandant who is reported to have ordered the shooting. CISF constable Padum Bora, who is the personal bodyguard of Deputy Commandant and reportedly carried out the shooting on his orders, has been arrested.

India is a state party to the International Covenant on Civil and Political Rights, which provides for the right to life, which must be respected in all circumstances. Under the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the intentional use of firearms is prohibited except when strictly unavoidable to protect life -- that is, in self-defence or the defence of others against whom there is an imminent threat of death or serious injury (Principle 9). Even when the use of such force is unavoidable, it must be used with restraint and in proportion to the seriousness of the offence. (Principles 4, 5 (a) and 5 (b). It is also explicitly stated that if firearms are to be used a clear warning must first be given (Principle 10). Amnesty International has information which leads it to believe that the incident which took place on Tuesday evening has violated the Principles, and the victims' right to life. Amnesty International is concerned that the Basic Principles and accompanying procedures appear not to have been adequately embedded within the CISF's training and practice.

Amnesty International would also like to remind the authorities conducting the probe to comply with the Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions which spell out in detail the obligations of governments to conduct inquiries into unlawful killings. Such inquiries should seek to determine the cause, manner and time of death, the person(s) responsible, and any pattern or practice which may have brought about the deaths. They should include an adequate autopsy, collection and analysis of all physical and documentary evidence and statements from witnesses. Those who have ordered unlawful killings or are in any other way responsible should be held to account as well as those who have carried the killings out. In accordance with Principle 17, written reports must be made within a reasonable time on the methods and findings of the inquiry. These must be made public immediately and include the scope of the inquiry, procedures and methods used to evaluate the evidence as well as conclusions and recommendations based on findings of fact and on applicable law.

Background:
Amnesty International issued a statement earlier in the month (www.amnesty.org/library/Index/ENGASA200032007?open&of=ENG-IND) highlighting its concern at the targeting of non-Assamese labourers by the United Liberation Front of Assam (ULFA). The organization remains concerned that violence and tension in Assam appears to be rising and calls on the authorities to implement effective measures to protect citizens -- and that these measures firmly respect international human rights standards.

Share your photos with the people who matter at Yahoo! Canada Photos

AFSPA to be discussed at the UN

2007-01-11T19:47:00.001-08:00

AFSPA likely to be discussed at UN meet

http://www.kanglaonline.com/index.php?template=headline&newsid=35774&typeid=1

The Imphal Free Press

IMPHAL, Jan 10: The AFSPA issue is likely to take centre stage during discussions at the United Nations Committee on the Elimination of Discrimination against Women which is convening its 37th session from January 15 to February 2, 2007.

During the 19 day long session to be held at the UN General Headquarters at New York, USA, the Committee will discuss responses to the list of issues and questions for consideration of the combined second and third periodic report of India submitted to the UN Committee.

This is as per information provided to IFP by the Imphal based Human Rights Alert.

A statement of the HRA said the UN Committee asked India government on how Security Council Resolution 1325 is being implemented in the country and how gender perspectives are being mainstreamed in military operations in `disturbed area` and conflict areas.

The Committee also sought details on the gender-sensitization training given to armed forces operating in conflict areas.

In its concluding comments, the Committee recommended review of the prevention of terrorism legislation and the Armed Forces Special Powers Act and asked government of India whether the review was conducted and if so actions taken to implement recommendations of the review.

Apart from that the UN Committee had also sought details of military personnel prosecuted under the Army Act.

In its second and third periodic report submitted to the UN Committee, India`s report said there is no `armed conflict` within the territory of India and hence the Security Council Resolution 1325 relating to Women in armed conflict in not applicable to India.

A copy of India`s response to the comment of the UN Committee on the Elimination of Discrimination against Women is with the IFP.

The report says that Indian Army has excellent track record of protecting human rights, and is particularly sensitive to the rights of women and children, while carrying out its duties.

With regard to the mainstreaming of gender perspective in `disturbed areas`, India`s report said systematic education, training and sensitization in human rights are done in all ranks of Indian Army both during pre-commission and post-commission training.

Adequate emphasis on gender sensitization, constitutional rights and importance of human rights is placed on all important training schools and counter terrorism/counter insurgency courses, report claimed and mentioned various actions taken up by Indian Armed forces in this regard.

As regards quantification, during the preinduction training period of four weeks about 10 percent of the time is devoted to gender sensitization aspects, the report says. Gender sensitization aspects are covered under different training modules covering important provisions of constitution, salient aspects of law, including the Armed Forces Special Powers Act and human rights, it added.

With regard to UN Committee`s comment to review the prevention of terrorism act and the AFSPA, India`s report mentioned that the Prevention of Terrorism Act (POTA) has been abolished in September, 2004 while the Justice Jeevan Reddy Commission constituted in November, 2004 to review the AFSPA, have submitted its recommendations to the government.

The report further said every allegation of sexual abuse or exploitation is rigorously enquired into and where every misconduct or crime against women are established, immediate and exemplary punishment is meted out, as per the law.

A total of 33 complaints dealing with misconduct or crimes against women were received against Indian Armed forces during the past three years, including 17 cases in 2004, nine cases in 2005 and eight cases in 2006, the report mentioned and claimed that rigorous imprisonment and dismissal from service have been awarded to those found guilty in the line with the gravity of the offence committed.

Make free worldwide PC-to-PC calls. Try the new Yahoo! Canada Messenger with Voice

India: Amnesty International renews its call for an unconditional repeal of the Armed Forces (Special Powers) Act, 1958

2007-01-09T08:26:00.000-08:00

http://www.amnestyusa.org/news/document.do?id=ENGASA200342006

AMNESTY INTERNATIONAL

Public Statement

AI Index: ASA 20/034/2006 (Public)
News Service No: 325
18 December 2006

India: Amnesty International renews its call for an unconditional repeal of the Armed Forces (Special Powers) Act, 1958
Amnesty International is deeply concerned that the Indian government may seek to retain provisions of the Armed Forces (Special Powers) Act 1958 that contravene its international human rights obligations and that continue to pose grave threats to the human rights of its people.
On 2 December, the Prime Minister of India, Dr. Manmohan Singh, announced that the Home Ministry was working on “modifying existing provisions or inserting new provisions” in the Armed Forces Special Powers Act, 1958 (AFSPA), so as to give “due regard to the protection of basic human and civil rights”.

A decision to amend, rather than to repeal the AFSPA would fly in the face of the most significant recommendation by the five-member Committee led by former chairperson of the Law Commission, Justice B. P. Jeevan Reddy, contained in its report submitted to the Government of India in June 2005.

Amnesty International has repeatedly expressed its concern that the AFSPA contains provisions which contravene, either directly or by granting perpetrators impunity, key human rights including the right to life, the right to be free from torture and other ill-treatment, the right to be free from arbitrary deprivation of liberty and the right to remedy and reparation. These rights are enshrined in international law and standards, including the International Covenant on Civil and Political Rights, to which India is a state party1. The AFSPA, which is operative in “disturbed areas”, including large parts of the Northeast region of India and Jammu and Kashmir, gives security forces wide-ranging powers, including the power to use lethal force in contravention of international standards.

In light of the main provisions of the AFSPA being in violation of international human rights law, Amnesty International fully supports the recommendation to repeal the Act and urges the Government of India to implement this part of the Committee’s recommendations.

Amnesty International is also opposed to the incorporation of the offending provisions of the AFSPA into any other piece of legislation, including the Unlawful Activities (Prevention) Act, 1967 (UAPA)2.

Amnesty International calls on the Government of India to repeal unconditionally the AFSPA and not to incorporate its offending provisions into any other legislation.

1India: Briefing on the Armed Forces Special Powers Act, 1958 (ASA 20/0135/2005).
https://intranet.amnesty.org/library/Index/ENGASA200252005?open&of=ENG-IND

2India: Briefing: The Armed Forces Special Powers Act (AFSPA) Review Committee takes one step forward and two backwards (ASA 20/029/2006)
http://web.amnesty.org/library/Index/ENGASA200292006?open&of=ENG-IND

Angels of Death

2006-12-27T19:23:00.000-08:00

Angels of Death
By: Elf Hmar
http://www.kanglaonline.com/index.php?template=kshow&kid=789

The mocking realities of any events related to Manipur provoke a sense of ironic amusement that raise the question on how lengthy we can go in this manner. The undeniable truth of what remains of Manipur is that it has turned into an amusement park for everybody. The status quo in Manipur today is that which way you look, death stares at you with no room for escape. And that is the Angel of Death, borne out from Manipurs very own womb.

For all its worthy potentials, Manipur has outrageously turned itself into a complete incompetent fool right from the head of the government a laughing stock for anybody who knows a bit of Manipur intrinsic resolved and unresolved issues of which there are tons. Do you ever find yourself amused by that fact on how such a weakling could ever get to become our guardian? The top guy is a puppet of and for anybody. Well, that may be the reason of his existence.

For decades, being what we really aretreacherous lotswe sold out our genuine issues for petty crooked dealings to suck the blood of the land, its people and resources, our so-claimed pride and glory. We continue to live in a fools paradise with our big yellow thirty-twos occupying the full length and breadth of our worn-out faces with false glorification.

Today, taking a look at the precious Manipur, one could see the extent we have digress for none of its worth. We have done a grievous punishable offence to it and stupidly pretend not to take notice of our deeds. True sons of the soil we call ourselves. The truth iswe are but true unworthy and retarded traitorsscums of the soil! I guess, if Manipur were a living woman being, it would cry for days and nights, for breeding such sons and daughters. It would cry in shame and regrets.

Talk of revolution in whatever ideologies, talk of human rights in whichever form of violations, talk of the voices of the people in whatever lingo, talk of anything and face the truth of truths of what, how and why Manipur failed to heal from its dreadful disease. We can only shed tears and cry in pain inconsolably, at our own chopped-off arms.

Do you know why? Do you know the reason? Do you know the root of the disease? Who do you think it is? Its you and me and the society and the people. We failed in our responsibilities to shoulder the responsibility that is entrusted unto us. Manipur will never heal and breathe clean air unless we identify that and blame our very mistakes to hold ourselves responsible for the pitiable situation we dutifully made out of Manipur.

Armed Forces Special Power Act (AFSPA)
This act, even by its name, says it all. The name itself signifies something that is extra-ordinarily entrusted with extra-ordinary power. As we all know by now, with its many antagonists and propagandas, it is that power entrusted upon the state armed forces to enforce human rights abuses legally against those who are not inside the boundary of its enforcement. This is one such act that legally destabilise the core of a country, and as such should be reviewed and abolished in the larger interest of the common people who faced the brunt of its unique power.

At the same time as we opposed such a draconian law of the state forces, we need to comprehend, acknowledge and also voice our concern on the impending powers that the non-state actorssupposedly revolutionary groupshave control of our lives. It is true; in a way that the AFSPA is a total failure as far as fighting the revolutionary groups is concerned. It failed to check the atrocities of the supposedly revolutionary groups acts of terror against the common people.

The act failed to protect the civilians. The protection that it supposed to provide is itself an issue that is also worth focusing. Is it really an act that protects the civilians? Rather than that, it unprotects them instead. If that is so, the viability of the Act is questionable. Was it or was not it, is also the simple question that can be posed to this Act. It also failed in its implementation as a tool for a solution to fight armed rebel groups. It failed miserably and thereby it became an act for terror itself.

It seems the AFSPA issue is also being distracted for those supposedly armed revolutionaries to smile in earnest as it ought to touch the issue of their secession movements. This issue that the general masses should involved themselves first of all is not on when it was passed and put into force. The issue should be in those words and clauses that the Act put together to entrust an overwhelming power to those of its enforcers.

Innocent civilians suffer, and will continue to suffer in the hands of both the official and unofficial armed groups. If that is so, will the repealing of the AFSPA help in reducing the sufferings of the people? It will not.

Unless, the supposedly revolutionary groups repeal their own AFSPA, the people will continue to face the wrath. It is inescapable. How far will these unofficial groups compromise on their increasing impending power, if at all, the AFSPA, is repealed? Will the people become the ultimate power holder? Will not these revolutionaries become the de facto power who can dictate not only our lives but also our social, but also our culture, language, etc? We have faced it. I guess we are not that blind, and we have seen their gun-welding powers. Today we acknowledged their power by the silent culture we profusely obey without blinking an eye. Do we simply ignore that fact and give them more sayings in our lives?

These supposedly armed revolutionary groups dictate the whole of our live today because we give them their chances by our weakness. They decide how we dress, what we read, what we speak and what not to speak, who we elect as our representatives, how much we contribute for their revolutionary causes, what and what not we can eat, and the list goes on.

We are learned on the state atrocities against the people. Do we have the courage to be the same learned ones and recognize the atrocities of these non-state groups who destroy the fabric of our society and people by the power the hold and dictates upon us? Is it not that we are opting to be mute spectators to such a draconian rule?

My perceptive here is that if we dare not question the inhumane actions of these supposedly revolutionary groups now, we will never succeed in our struggle to repeal the AFSPA. It is an impossible and unsustainable venture. The struggle against AFSPA would never succeed if, at one hand, we endorse the atrocities of the non-state groups and shout our lungs out against the state actors while we keep mum on the others act of terror upon our lives. This, itself, is questionable and unacceptable. We will only become the Angels of our own Death.

The killings and torturing of innocent people, raping and molesting of women, planting of IEDs and landmines in public, village and forest frequented by villagers, looting of property, demand notes, stern warning notes, what-to and what-not-to notes, summon notes, etc., will not stop with the repealing of the AFSPA either. This unwritten act of the revolutionaries is unquestionable. Their law is final and there can never be any proceedings, legal or otherwise, against them and their acts. There is no ground for such. Raising a voice or finger against their indisputable actions would mean punishment and death. And as always, caught between the crossfire of both the state as well as non-state armed groups, innocent people like you and me continue to be psychologically and physically threatened, abused and tortured.

The double-standard approach by those who are against AFPSA is questionable. Why go against just one, and not both? Why the silence over the same atrocities perpetuated by non-state actors? It is understandable if this entire struggle against the draconian lawAFPSAis all about empowering the revolutionary groups. If that is the goal that we already set, then so be it. Let us win. And then prepare ourselves for the next stage of the impossible. And it is an open secret that civil society organisations in Manipur are aligned with one or the other such revolutionary groups, one way or the other. Does those aligned questioned the revolutionary groups when the question of human rights abuse committed by the armed non-state actors arises? If that already silenced question fails to be awakened, its a doom for all.

Save Sharmila Propaganda
Irom Chanu Sharmila, who by her sheer power and conviction, has been fasting for six years continuously is really a woman of substance. She is one unique human being, who steadfastly holds the dignity of Manipur by her act to fast unto death unless and until the AFPSA is repealed. One can only be amazed by her as one tries to be in her shoes. I often asked myself, how a person could carry on for so long!? And I would concludeshe is one hell of a human! I know I will not be able to stand even for a day, forced or unforced.

And then there are those by her sides who do not understand her act. Who care not to understand the simple reasons why she is doing what she is doing. These ignorant and arrogant people call and put her deeds as her ownterming it as a Fight of Sharmila against Indias AFPSA. Yet again, we find ourselves as detractors of the main issue. We tend to because we do not understand and because we are some confused cowards and traitors. We give it the nameSave Sharmila Propaganda.

What would she say to that? Would she really want her life to be saved? Has anybody ever asked her? As a human being, of course, like you and me, she would want to live her life in peace and serenity, undisturbed by draconian laws such as the AFSPA. But would she prefer to term the propaganda against the AFSPA, merely as her personal struggle? As I asked that myself, I realize she would never want it to be that that to be. Under that circumstance, the move is a disgrace to her fight against the AFPSA.

This is not her personal fight. Why is it that those besides her put it that way? Its demeaning, and a dirty politics of none other than those who wanted to be recognised in her own struggleto give themselves names to be recognised with by deliberately taking advantage of Sharmila. They are hijackers of genuine issues for personal issues. What shameless filthy lots. They are the silent Angels of Death to the cause and struggle against AFPSA. It is an insult to her and the protest against AFSPA.

The propaganda should never have become Save Sharmila propaganda. It is not about saving Sharmilas life. It is about saving the life of Manipur. Is it that we are concerned only for the life of Sharmila and not of Manipur and its people? This is injustice to the cause of Sharmila and her self-struggle and for all those who are living the life of zombies in Manipur.

Conclusion
The need of Manipur today, not only on the AFSPA issue, is a new form of a collective social reconstruction that challenges to defy and condemn both the atrocities of the state and non-state actors. Unless that is brought about, we indeed do have a bleak future to look forward toa total disorder of state as well as social mechanism, which will ultimately lead to the breaking apart of Manipur. The silence of men give rises to evil. When evil ascent to the throne.
Related Stories

How many days musta woman fast before shes free...

2006-12-08T08:34:00.000-08:00

How many days musta woman fast before shes free...
http://www.combatlaw.org/information.php?article_id=835&issue_id=31
Six years of satyagraha. Sharmila continues her fast, in custody, confined to a room in AIIMS, writing poetry, reading books, doing yoga. The struggle against AFSPA continues. In Manipur and in Delhi. Harsh Dobhal follows Irom Sharmila’s resistance in ...

Harsh Dobhal

ew private ward. All India Institute of Medical Sciences (AIIMS), New Delhi. As you enter the building, about a dozen policemen and intelligence personnel stop you. After seeking permission from a reluctant inspector, about five suspicious and armed policemen stationed at the door of room number 57 carry on the interrogation and more questions follow.
Inside the room, a frail young woman is lying on her back on the hospital bed in a rather awkward position. She is doing halasan, a plough position of yoga. Her body carefully covered with a blue blanket. Clean complexion, sharp eyes, unkempt hair and a white strip of medical tape around her nose. Che Guevara’s The Motorcycle Diaries is next to her head; she has just finished reading the celebrated book on his young journeys by the legendary revolutionary. “This is a very good exercise for kidneys and to cure diabetes. I do it everyday for few hours.” She talks and continues her yoga. “You can talk; it doesn’t matter if I am doing yoga.”
A voracious reader, she has been relentlessly reading books on Japanese folk tales, yoga, Nelson Mandela, Che, Gandhi. Friends have been coming with gifts, diaries, calendars and she looks forward eagerly to pass these on to other visiting friends, her personal life being intensely sparse, stoic and simple. She liked reading the biography of Nelson Mandela and has now sent it to the central library of Manipur, along with the other books she happens to come across.
Irom Sharmila Chanu, 34, poetess, painter and Gandhian activist from Manipur, has been on fast-unto-death since November 4, 2000, being force-fed through a pipe in her nose. Her categorical demand — repeal the Armed Forces Special Powers Act, 1958 (AFSPA) which gives draconian powers to the security forces, who have used the Act brutally and repeatedly in the northeast.
Having completed six years of this ‘satyagraha fast’ on November 4, this year, Sharmila has come to symbolise the steadfast scaffolding of the movement against the injustices committed under AFSPA and in support of the protracted struggle for justice, human rights and peace in Manipur and the northeast. An iconic legend in Manipur’s politics, her fast is perhaps the longest political protest of its kind in history and in any part of the world.
Irom Nanda and Irom Sakhi Devi of Kongpal Kongkham village, on the periphery of Imphal, had no idea what was in store for their daughter, the youngest among nine siblings (five brothers and four sisters) and dearest to all, when she was born on March 14, 1972. “I am the youngest daughter born to an illiterate, compassionate and strong mother — we were nine children, my eldest brother died due to an illness. I am not important for this world, just like a worm that can be crushed. I failed my class XII exam. I don’t like speaking too much, but it is inevitable when someone comes to conduct an interview,” she told a friend who has been attending her in hospital. Sharmila never went to college.
On the first day in hospital after regaining little strength, Sharmila said that she did not need assistance to wash her clothes. “This is my work. I must keep my muscles strong. In Manipur, I cleaned the floor of my cell each day.” She has basically remained in custody all these years.
As a 15-day-old child, Sharmila was fed with boiled rice juice as her mother could not breastfeed her. Few days later, brother Singhajit would take her to “other mothers” in the neighbourhood who had recently given birth to babies. “She was fed by many mothers of Manipur. If any woman came to our small grocery shop with a small baby, we would request her to feed Sharmila,” he says. “Perhaps that is why she has grown so socially conscious and politically committed.”
As she grew up and “when I look back now, I realise I had a few different habits as a child. I used to sit in the Shiva temple, close to my house, and talk about regular, everyday things,” says Sharmila.
When doctors at AIIMS insisted that she must seek discharge from the hospital and the police complicated the issue by saying she would not be allowed out, she realised these were nothing but pressure tactics. Anguished that the doctors would ask her to pay the hospital bill, she told a friend: “What do they want from me? I possess nothing, only my organs.” As expected, the hard years of continuous fasting have taken their toll on her health and her fasting is now having a direct impact on her body’s normal functioning. Apart from other medical problems she has developed, her bones have reportedly become brittle. The doctors at AIIMS have not released any medical report on her health.
“I need to keep myself healthy. The force-feeding is completely unnatural.” She walks for about two hours, if given permission, in the hospital corridor with at least one security personnel stationed at each side of the corridor. “I must be strong. I have to fight.” Apart from learning shorthand, Sharmila has also completed a course in yoga and naturopathy.
When she began her fast on November 4, 2000, most people had little inkling of her resolve. Some of them shrugged it off, others took it non-seriously, a handful ridiculed it. But for Sharmila, life had taken a different turn, a tough long-distance journey with a clear destination, a U-turn with no return ticket.
The decision to go on long fast, though well-thought over, was not an action planned well in advance. In fact, Sharmila had joined the anti-AFSPA movement just two weeks before she began fasting. A three-member Indian People’s Inquiry Committee (IPIC) headed by Justice H Suresh had visited Manipur in the second week of October in 2000. The committee travelled to various areas of Manipur and met a number of victims, their relatives and friends, to hear their tales of injustice – cases of rape, violence, killings and disappearances. It held workshops and extensive discussions with human rights lawyers, journalists, academics and others. Sharmila was a part of this process as a volunteer and that was her first political participation and initiation. During the IPIC investigations, she was particularly shaken by the testimony of a young girl who was raped by the security forces at Lamden village. Sharmila and two other women volunteers had privately talked to the girl.
As the IPIC completed its investigations by the third week of October, something had already sparked inside Sharmila’s soul by now. For the next few days, she met with several human rights activists, lawyers and journalists to learn more about repressive laws, army atrocities and AFSPA in particular.
On November 2, 2000, security forces fired at and killed 10 innocent people waiting at a bus stop at Malom, about 15 km from Imphal. That was a Thursday when Sharmila would observe her weekly fast since her childhood. “The same fast continues till date, though she declared it on November 4,” brother Singhajit informs.
Though there was nothing new for the people in Manipur about the Malom massacre as they had witnessed similar cold-blooded killings before when the security forces would go berserk and kill ordinary people, Sharmila could not bear the sight of the blood spilled on the street. That single event changed her life. By now she had already taken a decision. She went to her mother on the evening of November 4 and took her blessings “to do something better for the people”. That was the last time the mother and daughter saw each other. “My mother knows everything about my decision. She is extremely simple, but she has the courage to let me do my bounden duty… My mother has given me her blessings. If I meet her, it may weaken both of us.” Ever since, Sharmila has not combed her hair, not looked into the mirror and not a single drop of water has crossed her mouth. She cleans her teeth with dry cotton.
Armed with her mother’s blessings, Sharmila headed straight to the site of the bloodbath. And thus began her historic, peaceful fast. By November 21, she was arrested on charges of ‘attempt to suicide’. The administration began force-feeding her nasally, confining her to the Jawaharlal Nehru Hospital in Imphal. It has been six years since. Under judicial custody, she has refused to break her fast or seek bail. As is the pattern, on the completion of one year, she is released by the court, as the maximum sentence given to her for ‘attempting suicide’ can’t exceed one year. She is repeatedly rearrested within 2-3 days as she continues her fast without water. And this yearly cycle continues, till date.

An iconic legend, her fast is perhaps the longest political protest of its kind in history in any part of the world. She symbolises the steadfast scaffolding of the movement against injustice

“I was shocked to see the dead bodies. There was no means to stop further violations by the armed forces…. It (fast) is the most effective way because it is based on a spiritual fight… My fast is on behalf of the people of Manipur. This is not a personal battle, it is symbolic. It is a symbol of truth, love and peace,” she says.
This year, on October 3, as she was again released by the court, her brother and a friend kept her away from the media limelight for one night. Next day, dodging media and security personnel, they literally smuggled her out of Manipur. She landed in Delhi the same day, in an attempt to highlight the issue nationally. From the airport, she headed straight to Rajghat to pay homage to Mahatma Gandhi’s . “If Gandhiji were alive today, he would have launched a movement against the AFSPA. My appeal to the citizens of the country is to join the struggle against AFSPA,” Sharmila told journalists. Later that day, Sharmila went to Jantar Mantar and continued her fast with a stream of people coming to express support. Three days later, in a midnight swoop, police picked her up and admitted her in AIIMS.
Sharmila is not alone in her struggle. Women in the northeast have a history of concerted political action, intense resistance and sacrifice, especially the great mothers of Manipur. Sharmila is continuing that legacy, taking it to new heights. The state erupted in flames in 2004, after the brutal rape and murder of a young woman activist, Thangjam Manorama Devi, by the Assam Rifles personnel. The brutal incident triggered an unprecedented form of protest by Manipuri women that shook the nation’s conscience. In an attempt to draw the attention of an insensitive and cold-blooded security and political establishment in Imphal and Delhi, otherwise obsessed with giving its army and police unrestricted powers in the name of national security, Manipuri mothers, for the first time, turned to their bodies to give vent to their resentment. They bared themselves in front of the Assam Rifles headquarters in Imphal and challenged the army to rape them. “Come Indian Army, Rape Us,” said their banner, as they protested, fully naked.
Meanwhile, Sharmila continues her fast, in custody, confined to a room in AIIMS, writing poetry, reading books, doing yoga. The struggle against AFSPA continues. In Manipur and in Delhi. Indomitable, firm and resolute, Sharmila’s clarity is lucid; she is in no mood to turn back. “Unless and until they remove the AFSPA, I shall never stop my fasting.”
In her satyagraha for truth and justice, in her pain and suffering against the violence of the State against its own citizens, this gutsy woman is trying to make a simple point. But will the ‘largest democracy in the world’ ever get this message and act – for the sake of humanity?

North East Girl on a 6 year fast unto death to repeal AFSA

2006-12-06T07:53:00.000-08:00

शर्मीला ने प्रधानमंत्री का आश्वासन ठुकराया

अनीश अहलूवालिया
बीबीसी संवाददाता, दिल्ली

शर्मीला पक्के इरादे के साथ अपना आँदोलन जारी रखने का ऐलना करती हैं
पिछले छह वर्षों से भूख हड़ताल पर बैठी शर्मीला ने सेना के विशेषाधिकार क़ानून में सुधार करने के प्रधानमंत्री के आश्वासन को ठुकरा दिया है.
प्रधानमंत्री मनमोहन सिंह ने हाल ही में मणिपुरवासियों को आश्वासन दिया है कि वो बुनियादी मानवाधिकारों पर तलवार की तरह लटके इस क़ानून में सुधार करेंगे.

इस क़ानून के तहत सेना को किसी भी संदेहास्पद व्यक्ति को गोली मारने का अधिकार प्राप्त है.

हालाँकि 34 वर्षीय शर्मीला ने इस प्रस्ताव को ठुकरा दिया है.

मेरी मांग है कि इस क़ानून को हटाया जाए. उसमें मात्र कुछ सुधार कर देने से सुरक्षाबलों की जवाबदेही में कोई फ़र्क नहीं आएगा

शर्मीला

कहानी दरअसल यह भी नहीं है. सोचने की बात यह है कि शर्मीला के छह वर्षों के लंबे सत्याग्रह को क्या मीडिया ने उचित अहमियत दी है? क्या भारत के पूर्वोत्तर राज्य मुख्यधारा में अपनी माँग रख पाते हैं?

ईरान की नोबेल शांति पुरस्कार विजेता शिरिन एबादी ने ईरोम शर्मीला से मिलने के बाद यह मसला उठाया था.

एम्स के एक वार्ड में लेटी शर्मीला की आवाज़ क्षीण हो चली है. पिछले छह सालों में अधिकांश समय उन्हें सरकारी अस्पतालों में रखा गया है जहां लगातार अनशन कर रही शर्मीला को नाक के ज़रिए जबरदस्ती तरल आहार दिया जाता है.

मगर अपने अनशन को जारी रखने के लिए वो दाँत माँजने के लिए पानी तक का इस्तेमाल नहीं करती और मौका मिलते ही नाक से नली अलग कर देती हैं.

माँग

प्रधानमंत्री मनमोहन सिंह ने आश्वासन दिया कि वो स्पेशल पावर्स एक्ट में सुधार लाने की सोच रहे हैं मगर शर्मीला ने यह कहते हुए इसे ठुकरा दिया कि इससे कोई फ़ायदा नहीं होगा.

वो कहती हैं, "मेरी मांग है कि इस क़ानून को हटाया जाए. उसमें मात्र कुछ सुधार कर देने से सुरक्षाबलों की जवाबदेही में कोई फ़र्क नहीं आएगा."

अगर शर्मीला को कुछ हो जाता है तो मणिपुर की राजनीति में भूचाल आ जाएगा. मुख्यमंत्री ही नहीं प्रधानमंत्री की कुर्सी भी ख़तरे में आ सकती है

सामाजिक कार्यकर्ता अनिल क्षेत्रमयुन

शर्मीला ने अपने प्रतिरोध को और कड़ा करने की घोषणा करते हुए कहा है कि अब वो अपने रिश्तेदारों समेत किसी से भी बात नहीं करेंगी.

उनके सत्याग्रह की शुरुआत छह साल पहले हुई थी. दो नवंबर 2000 के दिन दस लोग कथित तौर पर सुरक्षाबलों के हाथों मारे गए थे. उसके दो दिन बाद शर्मीला ने सेना को दिए विशेष अधिकारों को ख़त्म करने की मांग पर भूख हड़ताल शुरु की थी जो आज भी जारी है.

मणिपुर के एक सामाजिक कार्यकर्ता ओनिल क्षेत्रमयुन कहते हैं कि शर्मीला मानवाधिकारों के हक़ में चरमपंथी ताकतों के विकल्प के रूप में सामने आई हैं और उन्हे कुछ हो जाता है तो मणिपुर ही नहीं बल्कि केंद्र सरकार पर भी इसका गहरा असर पड़ेगा.

वो कहते हैं, "अगर शर्मीला को कुछ हो जाता है तो मणिपुर की राजनीति में भूचाल आ जाएगा. मुख्यमंत्री ही नहीं प्रधानमंत्री की कुर्सी भी ख़तरे में आ सकती है."

मीडिया की भूमिका

अब सवाल यह उठता है जब मीडिया जेसिका लाल और प्रियदर्शनी मट्टू हत्या के मामलों को एक अभियान की तरह उठा सकता है तो गांधीवादी सिद्धांतों का दामन पकड़े चल रही शर्मीला की आवाज़ नज़रअंदाज़ क्यों हो रही है.

मीडिया की रोजी रोटी मनोरंजन की दुनिया से जुड़ी या उससे प्रभावित ख़बरों से चलती है. लगे रहो मुन्नाभाई का एक बाज़ार था उसमें स्टार वैल्यू थी. लेकिन यह मीडिया के पूर्वाग्रह को भी दर्शाता है. उसे हाशिए पर जीने वाले लोगों और समुदायों में ख़ास रुचि नहीं है

सुधीश पचौरी

शर्मीला से मिलने वालों की लंबी कतार में दिल्ली यूनिवर्सिटी की छात्रा अंकिता आनंद कहती हैं," आम लोगों की तरह मीडिया भी क्षेत्रियता से प्रभावित होता है. दिल्ली में हैं तो प्रियदर्शनी मट्टू और जेसिका लाल हत्याकांड बड़ी कहानियाँ हैं. उन्हें उठाया भी जाना चाहिए मगर शर्मीला की कहानी को नज़रअंदाज़ क्यों किया जाता है?"

लोग एक सवाल और उठाते हैं. लगे रहो मुन्नाभाई जैसी फ़िल्म को लोगों और मीडिया ने यह कह कर हाथों हाथ लिया कि यह गांधी के सिद्धांतों को प्रासंगिक बना रही है लेकिन उन सिद्धांतों पर अमल का इतना कठिन और लंबा रास्ता जिस महिला ने अपनाया है, जिसका शरीर छह सालों के उपोषण में लगातार ढहता गया है उसमें मीडिया की ऐसी रूचि क्यों नहीं.

मीडिया विश्लेषक सुधीश पचौरी कहते हैं, " मीडिया की रोजी रोटी मनोरंजन की दुनिया से जुड़ी या उससे प्रभावित ख़बरों से चलती है. लगे रहो मुन्नाभाई का एक बाज़ार था उसमें स्टार वैल्यू थी. लेकिन यह मीडिया के पूर्वाग्रह को भी दर्शाता है. उसे हाशिए पर जीने वाले लोगों और समुदायों में ख़ास रुचि नहीं है."

मगर सुधीश पचौरी कहते हैं कि एक सूरत में शर्मीला की कहानी राष्ट्रीय पटल पर आ सकती थी. उनका कहना है," यहां मीडिया प्रभावशाली ग़ैर सरकारी संगठनों की सुनता है. अगर शर्मीला के पीछे ऐसा कोई संगठन खड़ा होता तो निश्चित ही वो सुर्ख़ियों में बनी रहतीं."

पक्का विश्वास

ईरोम शर्मीला के समर्थन में उनके वार्ड के बाहर खड़ी असम की कुछ छात्राओं का कहना है कि दरअसल मुख्यधारा की राजनीति में पूर्वोत्तर राज्यों के प्रति उदासीनता का लंबा इतिहास है.

मैं हमेशा आशावादी रही हूँ. ईश्वर पर मेरा पूरा विश्वास है. ईश्वर मेरे हर क़दम को देख रहा है. मेरा संघर्ष न्याय के लिए है. संघर्ष के इस दौर में मेरी समझ दिन ब दिन सुलझती गई है

शर्मीला

किसी को भले ही ऐसा लगे कि उदासीनता की अंधेरी लंबी सुरंग में वेदनादायी सफ़र तय करती शर्मीला की आवाज़ शायद थक रही है लेकिन शर्मीला कहती हैं कि उनका विश्वास पक्का है.

उनका कहना है, "मैं हमेशा आशावादी रही हूँ. ईश्वर पर मेरा पूरा विश्वास है. ईश्वर मेरे हर क़दम को देख रहा है. मेरा संघर्ष न्याय के लिए है. संघर्ष के इस दौर में मेरी समझ दिन-ब-दिन सुलझती गई है."

इन छह सालों के अनशन में शर्मीला अन्न और पानी का स्वाद भी शायद भूल चुकी हैं. कोई नहीं कह सकता कि इसका कितना गहरा असर उनके शरीर पर पड़ा होगा. लेकिन वो कई युवाओं के लिए प्रेरणा का स्रोत हैं और सत्यमेव जयते के सिद्धांत की दुहाई देने वाले प्रशासन के लिए सिरदर्द जिसे ज़िंदा रखना उसकी मजबूरी है.

Why not to repeal? AFSPA

2006-12-03T16:49:00.000-08:00

http://www.greaterkashmir.com/full_story.asp?Date=4_12_2006&ItemID=5&cat=10
Finally it has dawned on the Government of India that the Armed Forces Special Powers Act or AFSPA is not serving the purpose for which the draconian law was introduced. It is good to hear that it is considering some amendments to be made in the said act as was given out by the Prime Minister Dr Manmohan Singh in Imphal the other day. The draconian AFSPA has lead to more serious problems and complicating issues rather than doing any good to the country. Be it North-East or Jammu & Kashmir, the law has only added to the alienation of the people besides earning a bad name to the institution of Army. As the AFSPA affords sweeping powers to the armed forces its misuse and abuse is but natural. There would have been no necessity of bringing such a law had the government thought of the pitfalls in: first the use of such a harsh law against its own people and second the deploying armed forces to deal with insurgency. Unfortunately the Union Government has been trying to find military solutions to purely political problems which are more of its own creation than anybody else’s doing. The army’s think tank has been consistently counseling against the use of army for fighting insurgency as it exposes the troops to grave risk of losing proficiency and impairing their war preparedness. The deployment of armed forces on internal security assignment has had a disastrous effect on their psychology as is evident from the increasing incidence of fratricides, homicides and suicides. More disastrous consequences of this policy are that hapless unarmed civilians find themselves in open confrontation with the army. Given the situation, violation of human rights by armed forces is but a natural corollary to the policy. An army man trained to defend borders can not be expected to quell a riot or fight unrest in a population. He is apt to abuse and misuse the authority given to him under an act like AFSPA. He feels accountable to none and therefore prone to commit violation of basic rights. Political problems have to be dealt politically not by using force. During last more than fifty six years of insurgency in North-East or the sixteen years of turmoil in Jammu & Kashmir the Government of India has consistently tried to depend more on its armed forces in dealing with the unrest than using political means to resolve the issues. The results are there to be seen by everybody. The need to bridge the widening gap between the civilians and the armed forces has been felt in the top echelons of the army that is why we have civic action programmes like Op Sadbhavna. So far millions of rupees have been spent on such programmes, but, without any substantial results. The gains made in terms of goodwill earned one moment are frittered away only next with a serious violation committed by troops. And then the existence of a draconian law makes the situation more intractable as it offers total immunity to the troops against any legal action for their omissions and commissions committed during their counterinsurgency operations. The AFSPA has done more disservice to the country than helping it to overcome any problem. In Kashmir the act has been grossly misused and most of the human rights violations took place with the extension of the draconian laws to the state. Instead of making amendments in the AFSPA it would be prudent to repeal it as there are more than adequate laws available and in force that are required to deal with insurgency. The GoI would do a bigger service to the country by dispensing with the practice of using armed forces on internal security duties and better try political means to deal with political problems.

India tribals stage land protest

2006-11-29T18:07:00.000-08:00

http://news.bbc.co.uk/2/hi/south_asia/6157263.stm
India tribals stage land protest
By Anu Anand BBC News, Delhi

Tribal people say they are being robbed of their rightsProtests have taken place in three Indian cities against the abuse and eviction of millions of people who traditionally live in forests.
The protesters - known as tribal people - gathered in eastern and northern India to put pressure on the government to give them better land rights.
More than 40m people live in India's forests, foraging for honey and fruit.
It is a centuries-old traditional way of life which is now under pressure because of demand for land.
Beaten and tortured
India's forests are rich in minerals and timber and the demand for natural resources in a growing economy has pushed many of the country's tribal people off their land.

Tribal peoples often struggle to adapt to westernised economiesEvery year hundreds of thousands are beaten and tortured, their homes demolished by officials and businessmen who want to use the land for their own purposes.
On Wednesday, tribal men and women held marches in three Indian cities to protest against their plight.
In the capital Delhi they called upon the Indian government to give them land rights.
The government is soon expected to pass a new law giving India's forest dwellers the right to own land for the first time.
But human rights activists say the bill has been watered down after pressure from powerful logging and mining firms who want to exploit India's natural resources, and environmental groups who want to protect them.

FOR NORTH EAST INDIA’S SAFETY ARM FORCES SPECIAL POWER ACT (AFSPA) SHOULD STAY

2006-10-25T17:07:00.000-07:00

http://www.indolink.com/displayArticleS.php?id=102506010154
FOR NORTH EAST INDIA’S SAFETY ARM FORCES SPECIAL POWER ACT (AFSPA) SHOULD STAY By Dr Suvrokamal Dutta
While the campaign against the Arm Forces Special Power Act (AFSPA) in Manipur and elsewhere in the North East has been going on for many years, it was the arrest and custodial killing — including the alleged rape or sexual molestation — of a young Manipuri woman named Manorama Devi in 2004 that sparked off a more intense movement. Since that incident Manipur and other areas of the Northeast has been simmering. Prime Minister Manmohan Singh promised later that year that he would set up a committee to make recommendations for a more humane law. The 147-page report of the Justice B.P. Jeevan Reddy Committee which was set up by the Prime Minister says that it had been guided by three basic conditions while devising a solution. First, "the security of the nation, which is of paramount importance". Second, "it is equally the duty of the Union and the States to not only respect the fundamental rights conferred upon the citizens of India by ... the Constitution, they are also under an obligation to ensure the conditions wherein the citizens can enjoy and avail [their] ... fundamental rights." Third, the "armed forces of the Union are meant to ensure the defense of the Union and all its parts."
document.write('');

Deployment of the armed forces at times may be unavoidable, the report however stresses that "too frequent a deployment, and too for long periods of time, carries with it the danger of such forces losing their moorings and becoming, in effect, another police force, a prey to all the temptations and weaknesses such exposures involve." Such exposures, it notes, "may well lead to the brutalisation of such forces — which is a danger to be particularly guarded against."
After the alleged extrajudicial execution of 32-year-old, Ms Thangjam Manorama Devi Manipur faced unprecedented civil disobedience over the demand for removal of the Armed Forces Special Powers Act (AFSPA), 1958. Modeled on the Armed Forces (Special Powers) Ordinance promulgated by the colonial British government on 15 August 1942 to suppress “Quit India Movement”. This act empowers non-commissioned officers to search without warrant, arrest without warrant and shoot even causing of death. The security forces enjoy virtual impunity for any excesses while exercising these unrestrained powers as no one can be prosecuted without the permission of the Central government.
Under the AFSPA, the authorities only need to be "of the opinion that whole or parts of the area are in a dangerous or disturbed condition such that the use of the Armed Forces in aid of civil powers is necessary."
The Disturbed Areas (Special Courts) Act, 1976, can declare an area disturbed when "a State Government is satisfied that (I) there was, or (ii) there is, in any area within a State extensive disturbance of the public peace and tranquility, by reason of differences or disputes between members of different religions, racial, language, or regional groups or castes or communities, it may ... declare such area to be a disturbed area."
However the 1972 amendments to the AFSPA took away the power from the State government and its legislative Assembly and handed it over to an appointee of the Central Government. This is despite the fact that President can proclaim emergency under Article 356 of the Constitution of India.
India is party to the International Covenant on Civil and Political Rights (ICCPR). Article 4 of the ICCPR provides under what circumstances state of emergency can be declared. It states, “ In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, color, sex, language, religion or social origin”.
The United Nations Human Rights Committee while examining the third periodic report of India in 1997 held that India is in violation of Article 4.3 of the ICCPR. In its Concluding Observations after examination of India’s third periodic report, Human Rights Committee regretted that “some parts of India have remained subject to declaration as disturbed areas over many years - for example the Armed Forces (Special Powers) Act has been applied throughout Manipur since 1980 and in some areas of that state for much longer - and that, in these areas, the State party is in effect using emergency powers without resorting to article 4, paragraph 3, of the Covenant”.
Union Home Minister Shivraj Patil has declined to make public the report of Justice B.P. Jeevan Reddy Committee. He had good reasons to do so. The report has unambiguously recommended the repeal of the controversial law in Manipur and in the Northeast.
“The Armed Forces (Special Powers) Act, 1958, should be repealed .The Act is too sketchy, too bald and quite inadequate in several particulars. The Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high-handedness." Says the report
Acknowledging that the Supreme Court had upheld the constitutional validity of the Act, the Committee said that judgment "is not an endorsement of the desirability or advisability of the Act. The Court does not — it is not supposed to — pronounce upon the wisdom or the necessity of such an enactment."
The other members of the Committee — set up by the Prime Minister in November 2004 — are Lt. Gen. (Retd.) V.R. Raghavan, P.P. Shrivastava, a former special secretary in the Union Home Ministry, Dr. S.B. Nakade, a former Vice-Chancellor of the Marathwada University, and senior journalist Sanjoy Hazarika.
The panel gave its report in June 2005 but the Manmohan Singh Government has neither officially accepted or rejected its findings. Reasons for this are many. With rapid rise in terrorism through out the country in the past couple of months coupled with terrorist violence in many places specially in the Northeast the government of India cannot take a hasty decision on the removable of this act as it could spell several dangers to the strategic security and territorial integrity of the country
The committee has also recommended amending of the Unlawful Activities (Preventation) Act, 1967 so that wherever there is violation of Human Rights by the armed forces they can be taken into task by the law. "While providing protection against civil or criminal proceedings in respect of the acts and deeds done by [the armed] forces while carrying out the duties entrusted to them, it is equally necessary to ensure that where they knowingly abuse or misuse their powers, they must be held accountable therefore and must be dealt with according to the law applicable to them."
The recommendations done by the panel has many worthy suggestions but its suggestion of scrapping away AFSPA is not justified its true there has been many instances where the army and the para military forces have violated the basic human rights of the ordinary citizens taking recourse into this law but to scrap it all together is not justified. There are many areas in the Northeast which have parallel governments run by the militant outfits such as in many remote areas on Nagaland , Manipur ,Assam and Tripura to deal with such areas and to bring them under the control of the government of India such strong terror laws are required.
When the whole country is suffering from terrible form of terrorism to scrap in such laws would be harmful to the basic foundation of the country and its unity in the long run. Northeast being in a very remote corner of India with its only connection with the rest of India by a 33 sqkms of area in the Bengal Duars called the chicken neck to allow further consolidation of the terrorist outfits in that part of the country would mean ultimately handing over this part of India to the militant groups.
Northeast India is strategically very important for India as it is surrounded by different countries from all sides some of which are hostile to India to allow such laws to go would give in a free hand to all those militant outfits which operate from across the border from those hostile countries in this part of India.
The requirement is safe guards within AFSPA so that the law becomes more humane to ordinary citizens and more stringent towards the militant outfits . The Indian government should initiate more interaction between the Indian armed forces and the local population in the Northeast so that a friendly atmosphere is created which will help in the normalization of situation and those soldiers found guilty of human rights such as Rapes, Molestation etc should be tried by the court of law and severe punishment should be given to the culprits.
The Writer is a Renowned Foreign Affairs and Economic Expert Contact: sk_dutta70@yahoo.com Dutta007@hotmail.com