TODAY -
AFSPA: A ‘lawless law’
Morung Express | Dimapur | September 11
Independent India has no glorious history of the AFSPA. The Act was passed in 1948 with only three hours of discussion in the Indian parliament. It merely required a State Government (head of State) to declare the area under its jurisdiction “disturbed”—dangerous enough for the local civil administration not to be able to handle it, and the armed forces “necessary” to “aid” the civil powers. Yet, till date, the Act applies to only those politically indeterminate peoples of the peripheries who would like to have their relationships redefined vis-a-vis the Indian State.
The resource person broke up AFPSA a section at a time and explained to the audience of students and leaders how the provisions of the act—like immunity to armed force personnel combined with the powers to even low ranking officers to shoot to kill—nullifies various fundamental rights guaranteed under the Indian Constitution. For instance, there is effectively no right to life or personal liberty (Article 21), or protection from arbitrary arrest or detention (Article 22) for people living under AFSPA. The regime AFSPA allows for was compared to that of Adolf Hitler’s.
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* This Post is uploaded on 12 September, 2014
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