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Guwahati: National Human Rights Commission (NHRC) Chairman Justice Arun Mishra on Friday said it would be wrong to generalize that human rights are violated in some northeastern states due to the implementation of AFSPA.
He also pointed out that the NHRC cannot examine or debate the validity or constitutionality of the Armed Forces Special Powers Act (AFSPA).
“It cannot be generalized that the imposition of AFSPA results in violation of human rights. The government should review the need to implement or withdraw the Act,” Justice Mishra told reporters after the conclusion of the two-day camp here.
However, he insisted that the commission looks at custodial deaths or extrajudicial killings “very seriously” and that all cases must be reported or it can take suo motu cognizance.
He said the human rights body examines the merits of the cases and announces compensation for the family members of the victims, which is complied with by the state governments.
Referring to the anti-insurgency operation in Nagaland’s Oting village, Justice Mishra said that the National Human Rights Commission has taken suo motu cognizance of the matter and issued notices to the authorities concerned as there is no statutory agency in the state.
“We have sought a report from the Union Home Ministry and the Special Investigation Team (SIT) set up to probe the incident,” he said. However, it would not be appropriate to comment on the merits of the case at this stage,” he said.
The recent devastation in Nagaland has led to a strong demand from the northeastern states to withdraw the Act.
In the Northeast, AFSPA is in force in parts of Assam, Nagaland, Manipur (except Imphal Municipal Council area) and Arunachal Pradesh. The law empowers the security forces to act anywhere and arrest anyone without a warrant.
Nagaland Chief Minister Neiphu Rio and his Meghalaya counterpart Konrad Sangma along with opposition parties, civil society groups and rights activists of the region have also demanded repeal of AFSPA.
When asked about the series of police encounters that took place in Assam since May this year, the NHRC president said that “there is no place for fake encounters in a civilized society. This is barbaric and cannot be allowed. The law should take its own course.”
“At the same time, we cannot allege that all encounters are fake. Some may be bogus, but we take every complaint and examine the merits of each case. In such cases, the NHRC looks into three aspects – compensation to the victim or his family, registration of criminal cases and initiation of departmental action against the accused.
A total of 32 people have been killed and at least 55 injured in police action since the BJP-led government took power in May this year.
To a question about the recent eviction of “illegal settlers” from government land, Justice Misra said the matter is pending before the Gauhati High Court.
“The matter is sub-judice and we will not interfere in the legal process. However, we are concerned about the future of the displaced people and have directed the state government to ensure their rehabilitation.
Read also: Thousands demand removal of AFSPA in Nagaland, submitted memorandum addressed to PM at Raj Bhavan
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