AFSPA will be revoked one day: Farooq
Saturday, 26 Nov 2011 at 12:52
Abdullah Friday said the contentious Armed Forces Special Powers Act (AFSPA) will be revoked “one day” from Jammu and Kashmir.
“AFSPA will be revoked one day,” Farooq said when asked whether the law that gives sweeping powers to the armed forces in fighting militants should be revoked from the state.
Asked what his views were on the matter, he said, “The chief minister will decide.”
To a question whether his son, Chief Minister Omar Abdullah would take his advice, Farooq laughed and walked away.
Farooq, who was thrice Chief Minister of the state, was visiting the Ministry of New and Renewable Energy stall at the India International Trade Fair here today.
http://www.risingkashmir.com/news/afspa-will-be-revoked-one-day-farooq-18515.aspx
Armed Forces (Special Powers) Act, 1958
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[edit] The Act
The Articles in the Constitution of India empower state governments to declare a state of emergency due to one or more of the following reasons:- Failure of the administration and the local police to tackle local issues.
- Return of (central) security forces leads to return of miscreants/erosion of the "peace dividend".
- The scale of unrest or instability in the state is too large for local forces to handle.
By Act 7 of 1972, this power to declare areas as being disturbed was extended to the central government. [4]
In a civilian setting, soldiers have no legal tender, and are still bound to the same command chain as they would be in a war theater. Neither the soldiers nor their superiors have any training in civilian law or policing procedures. This is where and why the AFSPA comes to bear - to legitimize the presence and acts of armed forces in emergency situations which have been deemed war-like by local leaders which led to the armed forces' presence in the first place.[3][5]
[edit] Constitutionality and other issues
According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to:- "Fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law" against "assembly of five or more persons" or possession of deadly weapons.
- To arrest without a warrant and with the use of "necessary" force anyone who has committed certain offenses or is suspected of having done so
- To enter and search any premise in order to make such arrests.
The Act has been employed in the Indian administrated state of Jammu and Kashmir since 1990.[2] It was withdrawn by the Manipur government in some of the constituencies in August 2004 in spite of the Central government not favouring withdrawal of the act.
In December 2006, responding to what he said were 'legitimate' grievances of the people of Manipur, Prime Minister Manmohan Singh declared that the Act would be amended to ensure it was 'humane' on the basis of the Jeevan Reddy Commission's report, which is believed to have recommended the Act's repeal.[7]
Violence has increased in the past two decades since enforcement of the Act.[8] The state has created a "Gallantry Awards" pool for the arms forces which are awarded for elimination of insurgencies and conduction of operations. The term 'encounters' is used by the security forces to describe confrontations where it is deemed appropriate, under the provisions of the act, to employ violence.[8]
Protests began in Kashmir valley on Sep 10, 2010, on the occasion of Eid and turned violent on Sep 11, the anniversary of the controversial act. Indian Goverenment is considering partial withdrawal of the act.
[edit] The Jeevan Reddy Commission
In 2004, in the wake of intense agitation [9] that was launched by several civil society groups following the death of Thangjam Manorama, while in the custody of the Assam Rifles and the indefinite fast undertaken by Irom Sharmila, Union Home Minister Shivraj Patil visited Manipur and reviewed the situation with the concerned state authorities. In the same year, Prime Minister, Manmohan Singh assured activists that the central government would consider their demand sympathetically.The central government accordingly set up a five-member committee under the Chairmanship of Justice B P Jeevan Reddy, former judge of the Supreme Court. The panel was given the mandate of "review[ing] the provisions of AFSPA and advis[ing] the Government of India whether (a) to amend the provisions of the Act to bring them in consonance with the obligations of the government towards protection of human rights; or (b) to replace the Act by a more humane Act."
The Reddy committee submitted its recommendations on June 6, 2005. However, the government failed to take any concrete action on the recommendations even after almost a year and a half. The then Defence Minister Pranab Mukherjee had rejected the withdrawal or significant dilution of the Act on the grounds that “it is not possible for the armed forces to function” in “disturbed areas” without such powers.[citation needed]
The 147-page report recommends, "The Armed Forces (Special Powers) Act, 1958, should be repealed." During the course of its work, the committee members met several individuals, organisations, parties, institutions and NGOs, which resulted in the report stating that "the Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high handedness." The report clearly stated that "It is highly desirable and advisable to repeal the Act altogether, without of course, losing sight of the overwhelming desire of an overwhelming majority of the [North East] region that the Army should remain (though the Act should go)."[citation needed]
But activists say the Reddy panel despite its recommendation for the 'repeal of the Act' has nothing substantial for the people. The report recommends the incorporation of AFSPA in the Unlawful Activities (Prevention) Act, 1967, which will be operable all over India.[citation needed] On November 2, 2000, ten people were killed when a paramilitary force opened fire at a bus-stop near Malom in Manipur. Most of those killed were women and students. The firing was followed by a brutal combat operation also. A young lady, too shocked at the anarchical act of the state agencies, decided to begin a fast unto death demanding the repeal of the Act responsible for such brutality on the part of the state – the Armed Forces (Special Powers) Act, 1958. Thus began the fight of Irom Sharmila Chanu, the Iron Lady from Manipur whose fast completed 10 years this year.
The troops of 8th Assam Rifles were deployed in Malom to counter the ‘insurgent’ attack in the area. Those killed at the Malom massacre were L Sana Devi (60), G Bap Sharma (50), O Sanayaima (50), K Bijoy (35) A Raghumani (34), S Robinson Singh (27), Ksh Inaocha (23), T Shantikumar (19), S Prakash Singh (18) and S Chandramani (17).
Though Sharmila began her marathon fast in protest, the investigation into the Malom massacre has still not yet been completed even after 10 years. Following a directive of the Gauhati High Court, Imphal Bench, in 2004 and 2005, the District and Session’s Judge is conducting an enquiry into the incident. On January 7, 2010, a team of the court led by Th Surbala, the District and Session’s Judge, Manipur East, conducted a spot inquiry at Malom and investigation is on into the facts and circumstances leading to the firing incidents.
Since November 2, 2000, Sharmila has been arrested under section 309 of IPC which punishes attempted suicide by a one-year imprisonment. She is released every year to be arrested again. A compartment in the Jawaharlal Nehru Hospital has become her virtual nest, where the poet in Sharmila pens her verses. She turned down many requests to end her fast and expressed her firmness to continue her fast till the Act is repealed. She has been awarded with many laurels for her nonviolent contribution towards the human rights movement in north east India.
In a telephonic interview Sharmila’s brother Singhajit shared his memories of his sister’s childhood. He said, ‘Up to 10 years she was somewhat different from other children. She was a pure vegetarian. After passing class X, she started a training of yoga, nature cure and the holy Gita. She had only three-four friends. She liked to be alone listening to the radio, writing poems, shorthand writing etc. She was different. In October 2000, retired Justice Suresh from Bombay lead a commission and inquired about the Armed Forces Special Powers Act. Sharmila attended it as an individual activist. It was completed on 25th October, 2000. The Malom massacre took place on November 2. Ten people were killed near the airport in Malom. Sharmila began her fast after hearing the sound of the massacre on that Thursday. She informed some of her friends about her fast and then went to her mother to ask her permission for the fast. Mother gave her blessings and asked Sharmila to do whatever she could. She spent the night with her friends. On 5th, she went to the Malom Massacre site and sat there continuing her fast. In the early morning on 6th November, police arrested her and kept her in the custody. On November 11, 2000, I went to Sajowa jail and told her that we would fight together but she should give up her fasting. She replied, ‘Please come to encourage me and don’t come to discourage me’. At that moment, I promised her that I will be with her in her struggle. After returning from the jail, I resigned my job as an agriculture officer in a leading NGO called Citizen’s Volunteer Training Centre where I was drawing a handsome salary. I resigned to devote my time for Sharmila’s struggle and since then I am with her.’
When asked about the reaction of the state agencies when Sharmila decided to fast, Singhajit informed that the family members were threatened by the state agencies and were urged to sign in a letter for handing over Sharmila to the family. ‘But we believe that since Sharmila started her fast she is no more my sister, rather she is the sister of whole Manipur. We cannot sign in any paper asking to hand her over to our family’ he said.
Singhajit was emotional to answer his mother’s reaction over the whole incident. He said, ‘Our mother said that she feels happy when she gets the news about Sharmila’s achievement. But she feels sad whenever she remembers about her daughter. She passes several nights in tears. She believes that she will die after Sharmila’s death. This is her wish. She requested before the media that the central and state governments may decide to withdraw the AFSPA for at least 10 days so that she can meet her daughter before her death. Since Sharmila started her fast, the mother and daughter have never met as meeting may discourage Sharmila from continuing her struggle. Until and unless the mission is accomplished, the mother and daughter will never meet.’
Sharmila was honoured by the prestigious Gwangju Prize for Human Rights in 2007 by the May 18 Memorial Foundation in South Korea. The Prize was instituted to celebrate the spirit of the May 18 Gwangju Uprising by recognizing individuals, groups or institutions in Korea and abroad that have contributed in promoting and advancing human rights, democracy and peace in their work. In September this year, she was awarded the Rabindranath Tagore Peace award carrying Rs 51 lakhs, a gold medal and a citation. The Prize was presented to Sharmila by the Indian Institute of Planning and Management (IIPM) on September 11 at the JN Hospital.
To mark the completion of 10 years of Sharmila’s fast, the Just Peace Foundation (JPF), Manipur, has organized several programmes in Imphal under the name the Festival of Hope, Justice and Peace which will be held from 2 to 6 November 2010, in Imphal, Manipur. JPF informed that the Festival of Hope, Justice and Peace will be a celebration of the indefatigable spirit of humanity; a celebration of peace, justice and harmony; a celebration of the traditions and cultures of the North-east and its people; and a celebration of the Peoples’ Movement that has been going on for the last ten yea
[edit] Non-state views and commentary
[edit] United Nations view
When India presented its second periodic report to the United Nations Human Rights Committee in 1991, members of the UNHRC asked numerous questions about the validity of the AFSPA. They questioned the constitutionality of the AFSPA under Indian law and asked how it could be justified in light of Article 4 of the International Covenant on Civil and Political Rights, ICCPR. On 23 March 2009, UN Commissioner for Human Rights Navanethem Pillay asked India to repeal the AFSPA. She termed the law as "dated and colonial-era law that breach contemporary international human rights standards."[10]The Attorney General of India responded that the AFSPA is a necessary measure to prevent the secession of the North Eastern states.[citation needed] He said that a response to this agitation for secession in the North East had to be done on a "war footing."[citation needed] He argued that the Indian Constitution, in Article 355, made it the duty of the Central Government to protect the states from internal disturbance, and that there is no duty under international law to allow secession.[citation needed]
[edit] Non-governmental organizations' analysis
The act has been criticized by Human Rights Watch as a "tool of state abuse, oppression and discrimination".[11]The South Asian Human Rights Documentation Centre argues that the governments' call for increased force is part of the problem.[12]
"This reasoning exemplifies the vicious cycle which has been instituted in the North East due to the AFSPA. The use of the AFSPA pushes the demand for more autonomy, giving the people of the North East more reason to want to secede from a state which enacts such powers and the agitation which ensues continues to justify the use of the AFSPA from the point of view of the Indian Government." - The South Asian Human Rights Documentation Centre[13]A report by the Institute for Defense Studies and Analysis points to multiple occurrences of violence by security forces against civilians in Manipur since the passage of the Act.[14] The report states that residents believe that the provision for immunity of security forces urge them to act more brutally.[14] The article, however, goes on to say that repeal or withering away of the act will encourage insurgency.
[15] In addition to this, there have been claims of disappearances by the police or the army in Kashmir by several human rights organizations.[16][17]
The act has been cricised by many non governmental organisations and human rights activists. In J&K only, hundreds of people have been killed by security forces. Many cases of fake killings, binded labors, rapes and other atrocities have come in light.
Activists who are working in J&K for peace and human rights include names of Madhu Kishwar, Ashima Kaul, Ram Jethmalani, Faisal Khan, Ravi Nitesh, Swami Agnivesh, Dr. sandeep Pandey and many others. They all accept that people to people communication and development of new avenues are the only way for peace, however laws like AFSPA are continuously violating human rights issues there.
[edit] United States leaked diplomatic cables
The Wikileaks diplomatic cables have recently disclosed that Indian government employees agree to acts of human rights violations on part of the Indian armed forces and various paramilitary forces deployed in the north east parts of India especially Manipur. The violations have been carried out under the cover of this very act. Governor S.S. Sidhu admitted to the American Consul General in Kolkata, Henry Jardine, that the Assam Rifles in particular are perpetrators of violations in Manipur which the very same cables described as a state that appeared more of a colony and less of an Indian state.[21][22]Earlier leaks had also stated that International Committee of the Red Cross (ICRC) had reported to the United States diplomats in Delhi about the grave human rights situation in Kashmir which included the use of electrocution, beatings and sexual humiliation against hundreds of detainees. This act is in force in Kashmir since 1990.[23]
[edit] See also
Irom Sharmila Chanu (born March 14, 1972), also known as the "Iron Lady of Manipur" or "Menghoubi" ("the fair one")[1] is a civil rights activist, political activist, and poet from the Indian state of Manipur. Since 2 November 2000, she has been on hunger strike to demand that the Indian government repeal the Armed Forces (Special Powers) Act, 1958 (AFSPA), which she blames for violence in Manipur and other parts of India's northeast.[2] Having refused food and water for more than 500 weeks, she has been called "the world's longest hunger striker".On November 2, 2000, ten people were killed when a paramilitary force opened fire at a bus-stop near Malom in Manipur. Most of those killed were women and students. The firing was followed by a brutal combat operation also. A young lady, too shocked at the anarchical act of the state agencies, decided to begin a fast unto death demanding the repeal of the Act responsible for such brutality on the part of the state – the Armed Forces (Special Powers) Act, 1958. Thus began the fight of Irom Sharmila Chanu, the Iron Lady from Manipur whose fast completed 10 years this year.
The troops of 8th Assam Rifles were deployed in Malom to counter the ‘insurgent’ attack in the area. Those killed at the Malom massacre were L Sana Devi (60), G Bap Sharma (50), O Sanayaima (50), K Bijoy (35) A Raghumani (34), S Robinson Singh (27), Ksh Inaocha (23), T Shantikumar (19), S Prakash Singh (18) and S Chandramani (17).
Though Sharmila began her marathon fast in protest, the investigation into the Malom massacre has still not yet been completed even after 10 years. Following a directive of the Gauhati High Court, Imphal Bench, in 2004 and 2005, the District and Session’s Judge is conducting an enquiry into the incident. On January 7, 2010, a team of the court led by Th Surbala, the District and Session’s Judge, Manipur East, conducted a spot inquiry at Malom and investigation is on into the facts and circumstances leading to the firing incidents.
Since November 2, 2000, Sharmila has been arrested under section 309 of IPC which punishes attempted suicide by a one-year imprisonment. She is released every year to be arrested again. A compartment in the Jawaharlal Nehru Hospital has become her virtual nest, where the poet in Sharmila pens her verses. She turned down many requests to end her fast and expressed her firmness to continue her fast till the Act is repealed. She has been awarded with many laurels for her nonviolent contribution towards the human rights movement in north east India.
In a telephonic interview Sharmila’s brother Singhajit shared his memories of his sister’s childhood. He said, ‘Up to 10 years she was somewhat different from other children. She was a pure vegetarian. After passing class X, she started a training of yoga, nature cure and the holy Gita. She had only three-four friends. She liked to be alone listening to the radio, writing poems, shorthand writing etc. She was different. In October 2000, retired Justice Suresh from Bombay lead a commission and inquired about the Armed Forces Special Powers Act. Sharmila attended it as an individual activist. It was completed on 25th October, 2000. The Malom massacre took place on November 2. Ten people were killed near the airport in Malom. Sharmila began her fast after hearing the sound of the massacre on that Thursday. She informed some of her friends about her fast and then went to her mother to ask her permission for the fast. Mother gave her blessings and asked Sharmila to do whatever she could. She spent the night with her friends. On 5th, she went to the Malom Massacre site and sat there continuing her fast. In the early morning on 6th November, police arrested her and kept her in the custody. On November 11, 2000, I went to Sajowa jail and told her that we would fight together but she should give up her fasting. She replied, ‘Please come to encourage me and don’t come to discourage me’. At that moment, I promised her that I will be with her in her struggle. After returning from the jail, I resigned my job as an agriculture officer in a leading NGO called Citizen’s Volunteer Training Centre where I was drawing a handsome salary. I resigned to devote my time for Sharmila’s struggle and since then I am with her.’
When asked about the reaction of the state agencies when Sharmila decided to fast, Singhajit informed that the family members were threatened by the state agencies and were urged to sign in a letter for handing over Sharmila to the family. ‘But we believe that since Sharmila started her fast she is no more my sister, rather she is the sister of whole Manipur. We cannot sign in any paper asking to hand her over to our family’ he said.
Singhajit was emotional to answer his mother’s reaction over the whole incident. He said, ‘Our mother said that she feels happy when she gets the news about Sharmila’s achievement. But she feels sad whenever she remembers about her daughter. She passes several nights in tears. She believes that she will die after Sharmila’s death. This is her wish. She requested before the media that the central and state governments may decide to withdraw the AFSPA for at least 10 days so that she can meet her daughter before her death. Since Sharmila started her fast, the mother and daughter have never met as meeting may discourage Sharmila from continuing her struggle. Until and unless the mission is accomplished, the mother and daughter will never meet.’
Sharmila was honoured by the prestigious Gwangju Prize for Human Rights in 2007 by the May 18 Memorial Foundation in South Korea. The Prize was instituted to celebrate the spirit of the May 18 Gwangju Uprising by recognizing individuals, groups or institutions in Korea and abroad that have contributed in promoting and advancing human rights, democracy and peace in their work. In September this year, she was awarded the Rabindranath Tagore Peace award carrying Rs 51 lakhs, a gold medal and a citation. The Prize was presented to Sharmila by the Indian Institute of Planning and Management (IIPM) on September 11 at the JN Hospital.
To mark the completion of 10 years of Sharmila’s fast, the Just Peace Foundation (JPF), Manipur, has organized several programmes in Imphal under the name the Festival of Hope, Justice and Peace which will be held from 2 to 6 November 2010, in Imphal, Manipur. JPF informed that the Festival of Hope, Justice and Peace will be a celebration of the indefatigable spirit of humanity; a celebration of peace, justice and harmony; a celebration of the traditions and cultures of the North-east and its people; and a celebration of the Peoples’ Movement that has been going on for the last ten yea
[edit] Footnotes
- ^ “THE ARMED FORCES (SPECIAL POWERS) ACT, 1958”
- ^ a b “(PDF) The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990” Indian Ministry of Law and Justice Published by the Authority of New Delhi
- ^ a b Harinder Singh (July 6, 2010). "AFSPA: A Soldier’s Perspective". Institute for Defence Studies and Analyses.
- ^ http://www.hindu.com/nic/afa/afa-part-ii.pdf
- ^ Anil Kamboj (October 2004). "Manipur and Armed Forces (Special Power) Act 1958". Institute for Defence Studies and Analyses.
- ^ ""Naga People's Movement of Human Rights vs. Union of India,1998"".
- ^ ""Humane garb for 'black law'"". December 3, 2006.
- ^ a b IDSA strategic analysis: Armed Forces Special Powers Act
- ^ "MANIPUR ON FIRE". Frontline. September 2004. Retrieved 2011-06-05.
- ^ "United Nations asks Indian govt to repeal AFSPA". IRNA. March 23, 2009. Retrieved 2009-03-24.
- ^ “Crisis in Kashmir” Council on Foreign Relations
- ^ India: Repeal Armed Forces Special Powers Act; 50th Anniversary of Law Allowing Shoot-to-Kill, Other Serious Abuses. Human Rights Watch
- ^ AFSPA South Asian HRDC
- ^ a b Institute for Defense Studies and Analysis, 'Manipur and Armed Forces (Special Powers) Act 1958' "the alleged rape and killing of Manjab Manorama", "security forces have destroyed homes", "arrests without warrants", "widespread violations of humane rights", "The cases of Naga boys of Oinam village being tortured before their mothers by Assam rifles Jawans in July 1987; the killing of Amine Devi and her child of Bishnupur district on April 5, 1996 by a CRPF party; the abduction, torture and killing of 15-year-old Sanamacha of Angtha village by an Assam Rifles party on 12th February 1998; the shooting dead of 10 civilians by an Assam Rifles party in November 2000 are some of the glaring examples that are still fresh in the mind of Manipuris."
- ^ "Blood Tide Rising". TIME Magazine. January 18, 1993.
- ^ India
- ^ BBC NEWS | World | South Asia | Kashmir's extra-judicial killings
- ^ Behind the Kashmir Conflict - Abuses in the Kashmir Valley
- ^ India: Repeal the Armed Forces Special Powers Act
- ^ Behind the Kashmir Conflict: Undermining the Judiciary (Human Rights Watch Report: July 1999)
- ^ Nambath, Suresh (March 21, 2011). "‘Manipur more a colony of India'". The Hindu (Chennai, India).
- ^ http://www.thehindu.com/news/the-india-cables/the-cables/article1556742.ece/ref>
- ^ Burke, Jason (December 16, 2010). "WikiLeaks cables: India accused of systematic use of torture in Kashmir". The Guardian (London).
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