Imphal Times Supplementary issue Page No. 2 Editorial AFSPA: A Mockery of Human Rights Monday, July 15, 2019 By . mainstream due to vast differences due warning as he may consider On a visit to Arunachal Pradesh, Aayush Kumar and Prateeti in social structure, culture, necessary”.. Thus everything is left Home Minister P Chidambaram said Goyal language, facial features and to the whims and fancies of the the recommendations of the Justice geographical remoteness. officer. This unchecked power has Jeevan Reddy Committee and the The political crisis is popularly considered as a Furthermore, the government has caused the armed forces to exploit Second Administrative Reform nation which gives due importance been more or less indifferent and terrorize people. An Commission on replacing AFSPA sidelines peoples to the rights and liberties of its towards the economic and social international non-governmental with a more human e law would soon citizens. It has absorbed the ideals development of this region. Its main organization, Human Rights Watch, be placed before the Cabinet. The of democracy in its truest sense. interest lied in exploiting its vast has rightly termed AFSPA as a “tool Prime Minister Mr. Manmohan problems The Government is indeed “by the reservoir of natural resources. This of state abuse, oppression and Singh said that amendments will be people, to the people and for the bred secessionist tendencies in the discrimination.” made to make it more human e. The tussle for power amongst the BJP MLAs of people”. However, it is difficult to people leaving in these regions Section 5 states that after the However, Ms. Irom Sharmila, a Manipur is increasingly threatening to slow down imagine that in a country like ours, leading to internal disturbances. military have arrested someone Manipuri poet, who will complete exists a law which makes a mockery AFSPA was introduced to curb this under the AFSPA, they must hand ten years of hunger strike the already trudging pace of progress in the state. of the basic human rights . The phenomenon and thus a vicious that person over to the nearest demanding the repeal of the act said The tussle which the central leaders don’t seem to recent violence in Kashmir triggered cycle has been initiated. The police station with the “least that nothing short of complete repeal take interest is now over 30 plus days and the a nationwide debate on the validity tyranny of armed forces compels possible delay”. The phrase “least of the act is acceptable. Her demand simmering enmity is now putting halt to almost all of the Armed Forces (Special people to demand freedom through possible delay” has conveniently is very much valid as unspeakable works which are supposed to be taken up by the Powers) Act, 1958, popularly known violent means which in turns been left undefined and armed acts of violence and torture have as AFSPA. First introduced in the justifies the need for AFSPA. forces are at full liberty to exercise been committed under the garb of government in consultation with the MLAs of various states of Arunachal Pradesh, After going through its provisions, their discretion. this law. For instance a woman was assembly constituencies – as farmers are in urgent Assam, Manipur, Meghalaya, one will realize how a six-section Section 6 provides immunity to the raped and brutally murdered. A bullet need of government support. Mizoram, Nagaland and Tripura, the long statute can wreak havoc on armed forces as it states that no legal was found in her genitals. It was Hardening the situation is the blame game act was later extended to Jammu and innocent citizens. For instance, for proceeding can be brought against suspected that she is an insurgent. between Khurai Assembly Constituency MLA L. Kashmir in July 1990. It is a the purpose of this act, the Governor any member of the armed forces Similarly, a young teenage boy was Sishindro and CAF and PD Minister Karam Shyam. draconian law which gives or the Central Government can acting under the AFSPA, without arrested under the suspicion of him unbridled powers to the armed declare any region as a “disturbed the permission of the Central being an insurgent. He has not been Who is right or who is wrong is known by every forces. Any commissioned officer, area” under Section 3. No guidelines Government. This leaves people seen or heard of since last 5 years. officials of the CAF and PD including the concern warrant officer, non-commissioned are laid down for exercising this without a legal recourse as most of After being a hot topic of national Minister himself. It is natural that the officer or any other person of discretion. It was held in Inderjit the victims are not able to get the debate last year, the issue of AFSPA N. Biren Singh might have all knowledge of what equivalent rank in the armed forces Barua v.State of Assam [ 1 requisite govt. sanction. Thus has been lost again. Armed Forces has been going on between the two representatives is granted the right to shoot to kill ] that “The Governor is empowered perpetrators of heinous crimes use argue that AFSPA is an based on mere suspicion that it is to declare any area of the State as this provision as a shield and move indispensable tool to counter of the people. Perhaps the Chief Minister could necessary to do so in order to “disturbed area’. It could not be about freely in the society under the insurgency in “disturbed areas”. have called the two and could have easily shorted “maintain the public order” in a arbitrary on ground of absence of garb of their uniform. However, it should not be forgotten out as both the MLA and the Minister are under “disturbed area”. legislative guidelines”. Thus, it was A perusal of the provisions of that this problem is not limited to him. However, due to the ongoing blame political The Introduction to the Act says exempted from judicial scrutiny. AFSPA illuminates the extent of these regions alone . Thus keeping crisis ignited by the BJP dissident MLAs, the Chief that it has been enacted to assist Under section 4, any officer of the unchecked power in the hands of only these regions under this seems helpless and is remaining silent. State Governments which were army can shoot to kill in case of the the armed forces. It is a stark in human act is nothing but blatant incapable to maintain internal commission or suspicion of the violation of Articles 14, 21 and 22 of discrimination. Furthermore, mere Well, while the gripe of the MLAs are disturbance. However the act has commission of offenses such as our Constitution. It has left the amending the act is insufficient as understandable, their future prospects and political been widely criticized by national acting in contravention of any law people in North East and Kashmir loopholes can always be found. advancements depends on the present move, and international human rights or order for the time being in force at the mercy of uniformed men by Hence, the need of the hour is to without giving a second though that the agencies. When United Nations in the disturbed area prohibiting the declaring these regions as repeal the Act. The Act which stubbornness of the dissidents may invite president Human Rights Committee assembly of five or more persons, “disturbed area”. Not only Indian sounds like a nightmare is a reality questioned the validity of AFSPA carrying weapons, or carrying Law but International Law has also for helpless people. Thus, if the rule in the state. in 1991 under Indian Law and in light anything which is capable of being been violated. AFSPA violates the sacred principles of human rights What is at stake is not just the position and the of Article 4 of the International used as a fire-arm or ammunition. A Universal Declaration of Human are to be guarded, AFSPA should power, but the accompanying financial benefits and Covenant on Civil and Political cursory reading of this section Rights (the “UDHR”), the be repealed. responsibilities which have sadly come to be Rights , the Indian Govt. harped on shows that none of these offences International Covenant on Civil and India should not allow the future viewed more as personal sanctions to be used as the fact that it is necessary to necessarily involve the use of force. Political Rights (the “ICCPR”), the to be dominated by violent per their whims and fancies. The plethora of prevent the secession of the North There is no level of proportionality Convention Against Torture, the paradigm such as the continuing Eastern states. A brief recap of in the use of force and the offense UN Code of Conduct for Law use of AFSPA. It is time India gives problems staring the State Government in the eye history will tell us that these states as even a lawful gathering can Enforcement Officials, the UN Body space for Democracy and its is on the brink of being sidelined, while the were forcefully made a part of the suspected to be an unlawful one. of Principles for Protection of All cherished values to reemerge assembly session which is scheduled to begin in a Indian Republic after 1947 by To justify the invocation of this Persons Under any form of instead of suppressing the couple of days is in danger of being disrupted. It signing various agreements with a provision, the officer need only be Detention, and the UN Principles on genuine democratic voice of ”We goes without saying that the assembly session, view of their strategic significance. “of the opinion that it is necessary Effective Prevention and the people” which continues to These states could never be fully to do so for the maintenance of Investigation of Extra- legal and remain excluded under the which is held to discuss and deliberate on the integrated in our country’s public order” and only give “such summary executions. tyrannous rule. development activities being carried out in the state, to draw up future course of action and also to review works and progress of the government will have to bear the brunt of the misunderstanding, 50 days on, Cong yet to find successor to Rahul and subsequently the state stands to suffer. Notwithstanding the politicking that goes on behind ANI News desk convened two meetings in the closed doors, from the point of view of a common Congress war room, but only The Congress, who has man, there is a perceptible sense of the Chief Nearly 50 days after Karnataka politics was discussed. Minister starting to lose his grip on the control as stepped down as Congress One of the possible reasons behind presently become a manifested in the haphazard activities being drawn president, taking moral the delay in the selection of Congress president is that the up which has been evoking responses contrary to responsibility for the humiliating “leaderless” party, has also defeat in the elections, party’s general secretary KC expectations. There has not been a proper and the grand old party is yet to Venugopal is currently busy in strict allocation of responsibilities, nor have there finalise a new chief. solving the ongoing Karnataka been facing multiple shocks at been the necessary steps of admonishing concerned Gandhi, now an MP from Wayanad crisis and is camped in Bengaluru. ministers who have failed to deliver on the tasks in Kerala, became the Congress It is believed that the way to the the state levels. assigned to them. president in 2017. He offered to CWC meeting will open only after step down from his post at the a resolution to the Karnataka issue. However, a cold war is allegedly In total, the survival chances of The protracted issues of non performing Congress Working Committee Despite offering his resignation, on between party leaders Milind Congress in its ruled state is becoming departments failing to furnish utilization certificates meeting on May 25, taking moral Gandhi has met the leaders of Deora and Sanjay Nirupam with difficult day by day since the for projects for which huge amounts have been responsibility for the party’s electoral states. the latter taking a jibe at Deora announcement of 2019 general sanctioned have continued to plague the state, and drubbing in the 17th Lok Sabha In Ma harashtra and Chhattisgarh, when he resigned as Mumbai party elections results. chief. The delay in the search of the yet there still lacks any visible signs of efforts to elections. the party’s new state chief was also appointed. During a review meeting of general president has also raised questions rectify the issues. The process of periodically In these 50 days that went by, not only has Gandhi made his A dozen disgruntled Congress results in Jharkhand, party’s state from within the party. evaluating the performance of the ministers and resignation public but also MLAs in Karnataka have resigned president Ajay Kumar and in-charge One of the senior members from the officials should be made a part of the governance removed the tag of “Congress and reached the Supreme Court RPN Singh faced flak from workers. CWC said that as per his opinion, process. Building up a transparent system of President” from the bio of his against the state speaker. Gandhi met leaders from different Rahul Gandhi is not an option. official Twitter handle. Similarly, two-thirds of the MLAs in states but so far he has not met leaders There is a dilemma between the leaders governance is the only way to go, and for that to from Jharkhand. in the party’s young face versus happen, those in power should take the initiative The Congress, who has presently Telangana and Goa have also become a “leaderless” party, has changed sides. However, in the state, Congress is organisational experience. and lead by example. We should shed the divisive also been facing multiple shocks Meanwhile, things have apparently more dependent on its ally, Jharkhand Captain has mentality and embrace inclusive progress. The at the state levels. worsened between Delhi Pradesh Mukti Morcha. proposed that a young person should people have the right and the prerogative to Currently, the ongoing crisis in Congress Committee chief Sheila In Punjab, Congress leader Navjot be the party president. understand the workings of the government. Keeping Karnataka has become a major Dikshit and in-charge PC Chacko. Singh Sidhu has tendered his However, other senior party leaders resignation from the state Cabinet said they want to place an experienced a psychological and physical boundary between the cause of concern for the Congress, While Chacko is defying the decisions taken by Dikhsit, the three after his tussle with chief minister person for the top post. ruler and the ruled can work for only so long. The which is leaving no stone unturned to save its government in the state. executive leaders and a large section Captain Amarinder Singh. Many protests and scores of real power of these rulers lies with the people, According to the Congress’ of the Delhi Congress are accusing However, a faction supporting the resignations have also come to the and to try and sideline the issues that are troubling constitution, the CWC has the the DPCC chief of arbitrariness. chief minister has termed Sidhu’s fore to stop Rahul Gandhi from the public is bound to backfire, sooner or later. right to elect Rahul Gandhi’s Similarly, in Haryana, an election decision to resign as “drama”. resigning. successor as the new party committee created by party’s state An apparent cold war is also being All the chief ministers of Congress- president. president Ashok Tanwar was witnessed in Congress-ruled ruled states met Gandhi in Delhi to cancelled by state in-charge Rajasthan between chief minister advice him to reconsider his decision Letters, Feedback and Suggestions to ‘Imphal Times’ However, the senior leaders are yet to announce it. . and his deputy Sachin to resign but of no avail. can be sent to our e-mail : [email protected]. As per sources, senior leaders of In Maharashtra, the Congress Pilot. The Congress won 52 seats in the For advertisement kindy contact: - 0385-2452159 (O). the party are squabbling over recently announced Balasaheb In Madhya Pradesh and Gujarat, a recent general elections, which is just For time being readers can reach the office at Cell Phone possible names. Thorat as party’s state president race is underway for the party’s state eight more than its 2014 Lok Sabha No. 9862860745 for any purpose. In this regard, senior leaders instead of Ashok Chavan. president. results.