The Act that kills
- Hueiyen Lanpao Editorial :: January 09 2013 -

Candle Light Vigil in solidarity with Irom Sharmila at the Plaza, Sector 17, Chandigarh on Nov 10 2012
Pix - Manipur Students' Association, Chandigarh (MSAC)

The latest Supreme Court order of appointing a high powered commission to probe into cases of extra-judicial killings in Manipur being perpetrated by armed security personnel with immunity granted under Armed Forces (Special Powers) Act, 1958 must have definitely bolstered the moral of the public, more particularly that of the human rights activists and defenders, who have been pitching for removal of the 'black law'.

Since the Parliament of India passed the Act on September 11, 1958 and its subsequent implementation on August 18, 1958, first in the name of suppressing Naga secessionist groups and later on bringing the entire Northeastern region within its grip after describing as 'disturbed areas', the misuse and abuse of the Act in the hands of armed security personnel has gained notoriety.

Everyone knows that the Act, which is nothing but a modified version of the ordinance promulgated by the British imperialist power in 1942 to suppress Indian free struggle movement, gives sweeping power to armed forces to shoot, arrest, and search in the name of aiding civil power without any legal sanction for prosecution in case of complaint over violating the rights of the people.

As a consequence, many innocent people have lost their lives while many others have remained maimed for life with no hope of justice and judicial remedies. This is indeed shameful in a democratic country, where all the citizens are claimed to be equal before the eyes of law.

It is in protest against such arbitrary killings of innocent people by armed forces under the shadow of Armed Forces (Special Powers) Act that Irom Chanu Sharmila has been fasting and languishing in the security ward of JNIMS for more than 12 years now demanding repeal of the Act.

Many human rights bodies at the National as well as International have also exerted pressures on the Government of India for scrapping the Act.

But it continues to remain active regardless of the numerous assurances given and the recommendations adopted for its repeal.

Following strong public protest in the wake of brutal killing of Thangjam Monorama, the Government of India constituted a committee headed by Justice BP Jeevan Reddy in 2004 to probe into the allegations of misuse of the provisions of the Act.

Accordingly, Justice Jeevan Reddy Commission came up with the recommendation for repealing Act.

The United Nation Committee on the Elimination of Racial Discrimination too had unequivocally urged the Government of India to repeal the Act and the 2nd Administrative Reforms Commission headed by Veerappa Moily as Chairperson issued a public order in which it recommended the repeal of the AFSPA in 2007.

But the Government thought otherwise and contested that the Act is required for the armed forces in performing their duty in 'disturbed areas'.

This is the tragedy of life of the people living in the Northeast particularly, Manipur where the impact of Armed Forces (Special Powers) Act has been most merciless.

Now that the issue has caught the attention of the Supreme Court and given a ray of hope to the people who have suffered long enough under the military law, there is the need to scale up the ongoing anti-AFSPA campaign for the rights of the people to live in dignity.