AFSPA criticised in consultation programme held at Awangkhunou
Source: The Sangai Express / Newmai News Network
Imphal, February 16 2014:
The North-East Dialogue Forum (NEDF) in collaboration with Central Committee - Community Hall Awangkhunou Mamang Leikai, Great Star Club (GSC)-Sagoltongba, Village Women Coordinating Committee (VWCOC), Conflict Widow Forum (COWF) and Awangkhunou Meira Paibi has conducted a Consultation program on International Humanitarian Law and Crimes against Humanity at Construction Committee, Central Community Hall, Awangkhunou Mamang Leikai, Imphal West today with around 150 participants.
Key note address was given by Babuyaima, retired Lecturer of S Mani College.
The main resource persons were Advocate L Sevananda-High Court of Manipur, Advocate Basanta Warekpam-Human Rights Alert, Dr Chinglen Maisnam-Prof Dept of Economics Manipur University, A Mobi-President of Editor's Guild Manipur.
Babycha Mangsa-tabam and Chongtham Mohon-Retd Principal of Recent Higher Secondary School and Sanahanbi-Jilla Parishad Awangkhunou GP also given speech on the theme.
The event deliberated that the people in the North East India have been living more than five decades under the shadow of Armed Forces (Special Powers) Act 1958, which the people of this part of the world termed as - a draconian law which allows the Government Security Forces to kill, torture and rape with immunity and impunity.
Under this Act, all security forces are given unrestricted and unaccounted power to carry out their operations, once an area is declared disturbed.
Even a non-commissioned officer is granted the right to shoot to kill based on mere suspicion that it is necessary to do so in order to "maintain the public order" .
Initially the Act was enacted in the parliament to suppress the activities of one of the insurgency groups (only one armed opposition group was operating then) operating in the Northeast but in true sense, the Act can do nothing to these insurgency groups except violating the fundamental human rights of the innocent civilian, the programme said.
People experience the kind of human rights violation both from Indian Union and Manipur state security forces and armed non-state actors.
Extrajudicial Executions meaning killing of innocent civilians and armed cadres after apprehending are serious human rights violations committed by the Indian State.
Besides, many women were raped, raped and murdered, molested and killed by the government's security forces.
Please allow us to take the example of "Operation Bluebird" that was carried out in and around Oinam and its surrounding 30 villages of Senapati District in Manipur for nearly 4 months in 1987 by 29th Battalion of Assam Rifles.
According to the report of Naga People's Movement for Human Rights (NPMHR), 27 innocent civilians were killed, of which 21 were shot dead after torture and the rest were died due to forced starvation, denial of medical aids in the concentration camp, and shock of torture, three women were raped, five women were sexually molested, two women were forced to get delivered child before the public view and pregnant women were forced to use as potter, 340 persons were beaten and tortured in third degree methods of various inhuman manners, 96 persons were arrested and detained at their camp for weeks in inhuman condition, 125 residential houses were burnt and 172 houses were dismantled, 10 churches and 6 schools were dismantled in the operation.
Such kinds of military actions, thousands of women were raped, civilians especially women and children suffered extremely.
These extremities were committed by security forces intentionally.
These are committed under the Armed Forces (Special Powers) Act, 1958.Absolute powers are given to Indian Union Military; Army and Para-military forces under this Act.
Indian soldiers committing even serious human rights violations cannot be punished according to the law of the country without prior sanctioned by the central government.
As such, democracy in Manipur is unofficially suspended.
Amnesty International in 1997 defined AFSPA, 1958 as "Undeclared Emergency with undefined reasons for unlimited period of time." Justice Jeevan Reddy Committee (2005) report stated that "the Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high handedness." And therefore, the committee recommended that "The Armed Forces (Special Powers) Act, 1958, should be repealed" .
The 2nd Administrative Reformed Commission (2007), Justice Verma Commission and Justice Santosh Hegde Commission had all recommended for the repeal of AFSPA, 1958.Pillay the UN High Commissioner of Human Rights, RN Ravi, the Retd Director IB, Special Rapporteur on Human Rights Defender, Special Rapporteur on Extra Judicial Execution, Special Rapporteur on VAW visited India and North East State and strongly recommended for the repeal AFSPA.
16 Treaty Bodies Special Mechanism of UN had also recommended to repeal AFSPA since 1997 but India has failed to act responsibly till date.
"Therefore, both Indian armed forces and armed non-state actors are called upon to respect and implement International Humanitarian Laws, Geneva Conventions 1949's common Article 3 and Additional Protocol II of 1977.It is surprising that India violates the International Humanitarian Laws and Geneva Conventions.
War should be fought under International Humanitarian Law.
In war or violent armed conflict, both the conflicting parties should allow humanitarian services, protect women and children and allow reaching the medicine/health care, food etc.
to the people.
However, citing as an example in the case of Sajik Tampak Operation, 2004 Indian Army put restriction on purchase of food items and other essential commodities like medicines and setting limitation of rice quantities to be purchased by a family as per family members and number of days etc.," it stated.
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