AFSPA , Manipur and the Missing Link
- Part 1 -

Sonia Oinam *

Iron Lady - Irom Sharmila Chanu released and re-arrested on March 12 and March 13, 2012 :: Pix - David M Mayum

Today Armed Forces Special Powers Act (1958) is synonymous with Irom Sharmila Chanu's struggle for withdrawal of the said Act. In fact, it is because of Sharmila's lone & determined 11 year old fast unto death which have attracted the attention of the whole world to this Draconian Act. It is no longer a one soldier fight but solidarity has been extended to Sharmila's struggle from all sections of the society.

Thanks to the media, NGOs, human rights activists, student bodies, etc. campaigning and supporting Sharmila for withdrawal of the AFSPA through signature campaigns, dharnas, candle light rallies, academic debates that have exposed how terrifying the provisions of AFSPA are? Pressure is mounting on the Government of India to repeal this Black Act from all quarters.

Let us critically examine the hindrances, challenges that lie ahead for repealing AFSPA and Centre's stand on it. Is AFSPA the root problem or is it Insurgency? Will AFSPA be ever repealed, is Manipur on the right track and moving in the right direction? Let us unfold a missing link.

First and foremost, let me highlight some core reality and reasons why AFSPA have to be repealed. Initially AFSPA, 1958 was enforced in Manipur for the first time in 1961 in hill regions to curb the Naga insurgents and by 1980 whole of Manipur came under the deadly grip of this Act.

In course of its imposition, AFSPA has become redundant which is evident from the fact that it is unable to curb a few insurgent groups instead it has become counterproductive for it multiplies the number of insurgent groups.

Again, the biggest fallout of this Act is the violation of basic rights .i.e., violation of the fundamental rights given and guaranteed to us by the Constitution of India (particularly Article 21, 22).

Moreover, the AFSPA violates provisions of international human rights law, including the right to life, the right to be protected from arbitrary arrest & detention and the right to be free from torture & cruel, inhuman, or degrading treatment. It also denies the victims of the abuses the right to a remedy. Therefore, the Act has done more harm than good.

The irony is that Government of India (GoI) is holding dearly to a Colonial Act of British India. Even in the long history of British India, there have been only one massacre i.e., the Jallianwallah Bagh Massacre of 1919 and in the short history of Manipur & AFSPA there have been six massacres viz.
Heirangoithong Massacre,
Oinam Massacre (1987),
Tera bazar Massacre (1993),
Tonsem Lamkhai Massacre ( 1999),
another one in 1995 and the
Malom Massacre (2000) .

In Malom Massacre 10 innocent civilians were killed in the indiscriminate firing & since then Irom Sharmila has been on fast unto death demanding withdrawal of this Act.

There have been many involuntary disappearances, rapes, fake encounters, harrassments, cripplings and other extra – judicial killings for the past 54 years and the misuse of the provisions of the AFSPA still persists. Particularly in Manipur, the abuse of human rights have crossed the saturation point & Manipur have burst into an outrage and is in indomitable flames.

Which incidents should we cite? The disappearance of Sanamacha, Bijoykumar or the loss of innocent lives of Jogendra Pebia, Chanam Chaoba, Kangujam Loken, Pastor Jamkholat or rapes and molestations,etc. The brutal killing and rape of Thangjam Manorama and the nude protest in July 2004 still brings a nostalgic feeling and reminds us that we live in a terrifying nightmare.

Do we deserve such a Draconian Act which has full evidence of its misuse and redundancy? Is Manipur a colony of GoI? If no, then why this colonial Act is still imposed. It must be repealed forthwith.

My arguments may have loopholes but what about the Justice Jeevan Reddy Commission which was constituted by GoI itself and its report which have recommended that the repressive Act be repealed.

Even the United Nations Economic and Social Council had formally conveyed to the Centre for repealing the Act. And the fact that our Honourable Prime Minister Dr. Manmohan Singh had conceded that contents of the AFSPA 1958 is draconian and merits revision of the Act.

Inspite of these recommendations and mass protest against this Black Act, the GoI is maintaining a deafening silence with no positive action for repealing the Act. So, what is the stance of the Centre to the people's aspirations? This silence and inaction reveals a total disregard of human life of our people and a step motherly treatment to us.

Isn't it weird that the AFSPA with all kind of provisions of firing on suspicion, arrest without warrant and other tortious perrogatives seek no attention of GoI and on the other hand the proposed NCTC (National Counter Terrorism Centre) with its mere "bare minimum powers" of arrest & search is being debated and holding the nerves of the Centre.

What a joke?

To be continued ....