The North-East needs to be freed from the trap of AFSPA, as it has absorbed constitutional rights without any penalty.
The North-East needs to be freed from the trap of AFSPA, as it has absorbed constitutional rights without any penalty.
A statement to the people of the Northeast was made by Prime Minister Narendra Modi in April this year that the government intends to completely withdraw the much-awaited Armed Forces (Special Powers) Act 1958, or AFSPA. The region – after being partially withdrawn from parts of Assam, Nagaland, Arunachal Pradesh and Manipur in March this year – could bring good news for citizens of these states. The Prime Minister was addressing the ‘Peace, Unity and Development’ rally at Diphu in Karbi Anglong district of Assam. In the north-east, Nagaland has largely borne the brunt of this draconian law, when it was enacted in the late 1950s when militancy reared its head in the state.
Roots in Rajo
The origin of the law can be traced to the Armed Forces (Special Powers) Ordinance 1942, which was enacted by the British during the Quit India Movement to subdue insurgents in the country, particularly in Assam and Bengal in October 1942. . The law continues. To be implemented in its new format as the Armed Forces (Special Powers) Act 1958.
Undoubtedly, the law was needed in the 1950s when Naga insurgents resorted to large-scale violence. Hundreds of Indian Army personnel, central and state paramilitary personnel were either killed or injured in ambushes that were meticulously planned and launched by the insurgents. The informers of the security forces were removed or disabled.
Nagaland, other aberrations
While peace was restored after the Shillong peace deal with the Naga insurgents in 1975, the breakaway group led by Isaac Chishi Swu and Thuingleng Muivah took an ugly turn after the formation of the Nationalist Socialist Council of Nagalim (Isaac-) . Muivah), known as the NSCN (IM) in January 1980, and resorted to large-scale violence in the states of Nagaland and Manipur. Thuingleng Muivah is a Tangkhul Naga of Ukhrul district of Manipur while Isaac Chishi Swu was a Sumi Naga of Junehboto in Nagaland. Isaac Chishi Swu died in June 2016 after the Naga Framework Agreement was signed between the government and the NSCN(IM) in August 2015. It is believed that the agreement was extended in view of the health condition of Isaac Swu. The agreement has since languished as the government has not agreed to allow a separate flag and constitution for Nagaland, which has been laid down by the NSCN(IM).
A generation in Manipur and Nagaland has been with the AFSPA. The residents of these states have been victims of mistakes committed by the security forces for decades. While the AFSPA gives broad powers to the security forces to shoot and kill anyone on suspicion and even search or arrest any person without a warrant, for any wrongdoing without the prior approval of the Central Government. It is not possible to prosecute them. Whereas the Armed Forces (Special Powers) Ordinance 1942, “authorizes any officer not below the rank of Captain in (Indian) armed forces … to use such force, notwithstanding any person also to cause death against…” , AFSPA 1958 empowers even a non-commissioned officer (lance may be Naik, Nayak or Havaldar) to “shoot at or otherwise use force”; even till causing death”; no trial is possible against him without the concurrence of the Central Government.
It is the concurrence of the Central Government which is delaying further action against the 21 Para (Special Forces) commandos of the Army who initially killed six locals in a case of mistaken identity in Mon district of Nagaland on December 4, 2021. was murdered. The incident triggered riots in which more people, including an Assam Rifles jawan, were killed. Unconfirmed reports put the civilian death toll at 17.
court stand
Meanwhile, the Supreme Court of India recently passed an interim order “staying further proceedings as per FIR No. 27 of 2021/Final Report of the Special Investigation Team”. [SIT]/chargesheet,” on a petition filed by the wives of the commandos found guilty by the SIT.
Armed with unbridled power, there is bound to be deviance by the security forces operating in the states. When the Extrajudicial Execution Victim Families Association Manipur (EEVFAM) approached the apex court in 2012 to probe 1,528 cases of alleged fake encounters through the Central Bureau of Investigation ( Extra Judicial Execution Victims Families Association (EEVFAM) Vs Union of India & Ors..), it was found that the first six cases investigated were in fact fake encounters. This led the court to conclude that the veracity of the allegations made by the association was beyond doubt. After coming under scrutiny, AFSPA made comments critical of the Supreme Court.
In the states where it is in force, the AFSPA was not withdrawn despite their demands being despised by every citizen. The basic principles of democracy which uphold the principles “by the people, by the people and for the people” have been rejected. No section of the society will ever allow itself to be subjected to a law that is as harsh as the AFSPA, which in fact curtails the freedoms and rights of the people enshrined in the Constitution – a Constitution that is held sacred by the nation.
resistance to cancellation
Attempts in the past to repeal the law have failed. Irom Chanu Sharmila, the Iron Lady of Manipur, went on a 16-year long hunger strike since November 2000. Regarded as a heroine for nearly two decades, she fell from glory when people disapproved of her breaking her fast. Asked to comment on the withdrawal of AFSPA in many parts of Manipur, Assam and Nagaland, he believed that it was a new beginning and a result of decades-long fighting.
The Justice BP Jeevan Reddy Commission, which was tasked to review the provisions of AFSPA, submitted its report on June 6, 2005, recommending the withdrawal of AFSPA. Surprisingly, it had suggested to amend the Unlawful Activities (Prevention) Act, 1967 (UAPA) to achieve the objective of AFSPA. The report was later shelved.
Former Union Home Minister P. Chidambaram was of the firm view that AFSPA should be withdrawn. But stiff resistance from the Defense Ministry led by AK Antony thwarted the proposal. The Indian Army strongly opposed any proposal to abolish this very disgusting law.
should be reviewed
The present government at the Center has been lauded for its bold decision to repeal the law as the army would still have offered resistance to its withdrawal. Significantly, on April 23, at a function in Guwahati, Union Defense Minister Rajnath Singh had said that the three branches of the defense forces were in favor of removing AFSPA from the Northeast and Jammu and Kashmir, but the Act remained in place. “Because of the situation”. In Nagaland, AFSPA has been removed from the jurisdiction of 15 police stations in seven districts, while in Assam, it has been removed completely from 23 districts; One district will be partially covered under the Act. In Manipur, 15 police station areas of six districts will be kept out of it. However, till the entire North-East is freed from the AFSPA’s web, there is a need for a comprehensive and serious periodic review by the Centre.
The investigation into 1,528 alleged fake encounters also needs to be fast-tracked and taken to their logical conclusion. If necessary, the culprits need to be imprisoned, to send a clear message that those who kill under the uniform of the security forces cannot expect to be set free if violated.
MP Nathanael, Inspector General of Police, Central Reserve Police Force (CRPF) was