Appeals to intellectual community of Manipur to join in one voice for repeal of AFSPA

2nd November 2015

Today, Ms. Irom Chanu Sharmila begins her 16th year of fasting since she dramatically began her struggle on 2nd November 2000 in solidarity with the long years of public demand for the repeal of the Armed Forces (Special Powers) Act 1958, restore justice and dignity for people who have suffered under AFSPA. On that day, 15 years ago, ten people waiting at a bus stop in Malom of Imphal, Manipur, India were brutally gunned down by Indian security forces.

The cold blooded murder of the 10 civilians shook Manipur but their families were denied justice because the accused soldiers were operating under the draconian AFSPA, which gives security forces sweeping powers including the power to shoot to kill in certain situations and to arrest people and search premises without warrants.

The authorities demean Ms. Irom Chanu Sharmila’s peaceful and non-violent struggle by portraying her hunger strike as an attempt to commit suicide, a crime under Indian law. In these past 15 years she has been released and rearrested annually but never been convicted in a court of law. In fact, on two separate occasions courts in Manipur have categorically stated that hers is a political protest by lawful means, and she had even been released on 20th August 2014 by the District & Session Judge of Imphal East.

The Centre for Organisation Research and Education (CORE) Manipur continues to reiterate its position that the AFSPA should be repealed as a law that violates India’s Constitutional provisions, especially the Right to Life. This law is widely condemned internationally and nationally, is also in contravention of its obligations under international human rights law. Article 51 (c) of Indian Constitution clearly stands to foster respect for international law and treaty obligations and we expect that the democratic Indian state would follow the international opinion and repeal this law.

A situation of direct and violent confrontation between the government and its people has prevailed in the North Eastern States particularly Manipur for decades. The state government of Manipur must seriously review this law and its heart-wrenching impact on the people that has resulted in untold suffering, and move definitely to end the promulgation of this law.

The powers granted under AFSPA are broader than that allowable under a state of emergency as the right to life may effectively be suspended under the Act and the safeguards applicable in a state of emergency are absent. Moreover, the widespread deployment of the state and central security forces creates an environment in which the exception becomes the rule, and the use of lethal force is seen as the primary response to conflict.

This situation is also difficult to reconcile in the long term with India’s insistence that it is not engaged in an internal armed conflict. Retaining a law such as AFSPA runs counter to the principles of democracy and human rights. Its repeal will bring domestic law more in line with international standards, and send a strong message that the Government is committed to respect the right to life of all people in the country.

In this context, CORE appeals to the intellectual community of Manipur to join in one voice with the people of Manipur for the repeal of AFSPA. National and State awardees should, listening to their conscience, return their awards to a government that has no respect for the Constitution and international law obligations, assents to torture and extrajudicial or summary executions, and perpetuates impunity and discrimination.

[Dr. Laifungbam Debabrata Roy]
President
Elders’ Council
Centre for Organisation Research & Education