The politics on AFSPA
- Hueiyen Lanpao Editorial :: October 20, 2012 -

Peaceful March for Save Democracy - Repeal AFSPA at Jantar Mantar on 2nd October, 2011 :: Pix - Nameirakpam Bobo Meitei

Bolstering the morale of the people who have been demanding repeal of Armed Forces Special Powers Act (AFSPA),1958, which gives excessive, arbitrary and enormous power to the Armed Forces, the Supreme Court of India has issued yet another notice to the Union Government and the State Government for withdrawal of the Act denounced by many as 'draconian' from Manipur.

The latest development has come about following a writ petition filed by Dr Th Suresh Singh, who is the former Director of Health Services, Government of Manipur, under Article 32 of the Constitution of India (to read with Order XXXV Rule 7 & 10 of the SCR, 1966).

The petitioner challenged the extension of disturbed area under AFSPA and argued the Act in its present form and the way it is being used is a brazen affront to the right to life and it sanctions impunity and protects those who are executing the same.

Acting on the petition, a Division Bench of the apex Supreme Court comprising Justice Aftab Alam and Justice Ranjana Prakash Desai today (October 19) issued notice to the Union of India as well as State of Manipur for withdrawal of the Act from Manipur. The reply to the notice is returnable on or before November 5.

Significantly, the same Division Bench of the apex court had on October 1 last issued another notice to the Centre and the State Government as well as the National Human Rights Commission on a plea for an independent probe into cases of extra-judicial killings perpetrated in Manipur with immunity granted under the Act. The reply to the notice is also to be filed by November 5.

While we wait for November 5 to see new developments in these cases, certain questions have raised as to why the debate over AFSPA has become long drawn even after so many recommendations and assurances. In 2004, the Government-constituted Committee headed by Justice B.P. Jeevan Reddy had recommended the repeal of the Act.

UPA Chairperson Sonia Gandhi gave the commitment for repealing the AFSPA from the entire state of Manipur during her visit to the State in 2005, the United Nation Committee on the Elimination of Racial Discrimination had unequivocally urged the Government of India to repeal the Act within one year 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.

The answer to these questions lies in the fact that most people dare not speak up against AFSPA while in the service of the Government. The same is true about the political parties and Ministers/MLAs in the ruling.

Otherwise, there would have been no place for such draconian laws that trampled upon the rights of the people in a democratic set-up long ago.

It was nothing short of comic relief in a tragic play when the then Director General of Assam Rifles K.S. Yadava on the eve of his retirement stated that the idea of the Army keen to continue the Act has no basis and the onus lies with the State Govt.

So, while hunger strike Irom Chanu Sharmila lies languishing in the security ward of JNIMS for more than 11 years now, her demand for repealing AFSPA has been reduced to just a convenient tool for politicking among Army authorities and politicians.