INTERNATIONAL STANDARDS
The universal benchmark of Rule of Law

All the black laws - particularly, the AFSPA, 1958 - enacted by the parliament of India are found to be manifestly incompatible with the international standard for the following reasons:

• The United Human Rights Committee in 1991 found section 4 of the AFSPA and other sections too, to be incompatible with articles 6, 9 , and 14 of the International Covenant on Civil and Political Rights, 1966, the compliance of which has become Union Government's binding obligation, following India's ratification of the Covenant on 10 April, 1979; the incompatibility has not yet been rectified by the union government; 'Tight to life' cannot be violated even when he life of a nation like India is being threate4ned during war. The union government has blatantly violated article 4 of the ICCPR for 50 years.
• The UN Human Rights Committee in 1997[CCPR/C/60/IND/3 -1 August,1997, Geneva] had observed the following for necessary compliance by the government of India, and also for reporting on the compliance in 2001 when the 4 th periodic report of India was due –ie. 5 years back from the present :
  " 18. The committee ... Hopes that its[AFSPA] provisions will also be examined for their compatibility with the Covenant. 19. The Committeee regrets that some parts of India have remained subject to declaration as disturbed areas for many years- for example the Armed Forces (Special Powers )Act has been applied through out 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,para 3 of the Covenant.
  21.---It urges that judicial enquiries be mandatory in all cases of death at the hands of the security and armed forces and that the judges in such enquiries including those under the Commission of Enquiry Act of 1952, be empowered to direct prosecution of security and armed forces personnel.
  22.The Committee ... recommends that the National Human Rights Commission be autghorized to investigate all allegations of violations by agents of State.
  23.--- ,it[the HR committee] recommends: a. the early enactment of legislation for mandatory judicial enquiry into cases of disappearances and death,ill-treatment or rape in police custody.
  35. The Committee… requests that,its next periodic report due on 31 Decem,ber,2001,should contain material which responds to all these Concluding Observations..."
• The enlightened opinion passes strictures on the violation of human rights by the state with the instrumentality of black laws. The Amnesty International in 1993 had recommended that the government should review the black law and incorporate the minimum safeguards, as provided in the relevant articles of the covenant. The Amnesty had further recommended in April 1997 that the Government of India should "review the Armed Forces (Special Powers) Act to ensure that there are strict legal limitations on the use of force and firearms by law enforcement officials", and "remove the requirement of sanction for the prosecution of police or armed forces personal under section 7 of the Armed Forces (Special Powers) Act."
• The human rights organizations in India had sent memoranda to the National Human Rights Commission by censuring and denouncing sections 3, 4 and 5 of the AFSPA, which have been instrumental in the gross violations of human rights.
• The UNHRC in 1997 has recommended that the government of India should remove restrictions, given by article 19 of the 1993 Human Rights Act.
• Prevention of terrorism (Additional Powers) Act 1967 and also the 1989 Act had been inappropriately cited as reference point of United Kingdom. But they are temporary measures unlike the perpetual AFSPA. In United Kingdom, the anti terrorist Act of 1989 - now 1996 has been invariably followed by a political package like the 'Downing Street Declaration' (Anglo - Irish), December 15, 1994 prescribing right of the Irish people to Self determination and 10th April Belfast Agreement 1998. In British India also, the demoniacal Armed Forces (Special Powers) Ordinance 1942 was not enacted without itself being followed by the complimentary, all healing Indian Independence Act, 1947. The Brits are relinquishing Northern Ireland in phases by virtue of the 1998 Agreement.
• The Non-self-Governing-Territories - NSGT in North East region are in need of de-colonization and a popular consultation could be arranged as it has been in East Timor on 30 August, 1999.