THE DEMAND TO REPEAL AFSPA FROM J &K AND NORTH-EASTERN

STATESPresented by:

dikshya shree rath ronit kumar

dikshya routraynupur sahu

A Pratyusha (group-b)

WHAT IS AFSPA?The Armed Forces (Special Powers) Act (AFSPA), was passed on September 11, 1958, by the Parliament of India. It grants special powers to the armed forces in what the act terms as "disturbed areas" in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. It was later extended to Jammu and Kashmir as The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in July 1990.

The Republic of India has seen a history of insurgency in the states of Kashmir,

Punjab, Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. Each of these states are in

regions that border with Pakistan or China - countries which India has border

disputes with.

Any state govt. can declare the state of emergency and introduce AFSPA in the following conditions:- a)When the local administration fails to deal with local issues and the police proves inefficient to cope with them. b)When the scale of unrest or instability in the state is too large for the police to handle.

How and Why can AFSPA be introduced ????

Historical background• Indian Authorities sent

forces in retaliation to NNC’s demand of Nagaland to be proclaimed as an independent state.

• To suppress the massive militant uprising in Jammu and Kashmir during 1987 elections.

Armed Forces (Special Powers) Act:According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to:• Open fire against anyone who has or

is suspected of breaking law and order.

• Destroy any arms dump, hide-outs, prepared or fortified position or shelter or training camp.

• To arrest without a warrant anyone who has or suspected of committing cognizable offences.

• To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.

•Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons.•Any person arrested is taken to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances of his/her arrest.•Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law unless there is a sanction from the central govt by whom they are protected. •The government's judgment on why an area is found to be disturbed cannot be subjected to judicial review.

How do common people view afspa?

AFSPA - ”THE RIGHT TO KILL”

• No distinction between a peaceful gathering of five or more people and a berserk mob.

• ONE OF THE PRROVISIONS OF THIS LAW-“no prosecution can be initiated against an officer without the previous sanction of the Central government”.

• The decision of the government to declare a particular area ‘disturbed’ cannot be challenged in a court of law.

Because..

A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2009.

PROBLEM WITH AFSPA SPA continues to be a repressive tool which

gives power to kill a mere suspicion and provide legal immunity from prosecution.

AFSPA is synonymous to heavy militarization leading to violation of civil and political rights and inhumane treatment.

Extra judicial execution, inhumane and degrading treatment, rape and sexual violence against women and arbitrary arrest and detention.

Revoke AFSPA, says Omar, after youth is shot dead in BaramullaArmy denies its troops killed him, says they fired in air in self defenceWhile a tense situation prevailed in the Baramulladistrict after the 25-year-old Tahir Ahmad Sofiwas shot dead allegedly by the Army, J ammu and Kashmir Chief Minister Omar Abdullah made a strong case for the revocation of theArmed Forces Special Powers Act,1958 with his emotional speech in the Legislative Assembly and directed the police to book officers of the RashtriyaRifles for murder.An emotional Omar Abdullah admitted his responsibility as the head of the government, but pleaded that the civil government was faced with handicaps due to the AFSPA that gave extraordinary powers to the armed forces. He is vehemently raising the issue of partial revocation of AFSPA so that the erring forcespersonnel do not go scot-free”,

Meghalaya governorRanjitShekharMooshaharyon 15th March 2013 said that the Armed Forces Special Powers Act (AFSPA), which is in force in some states of the country including Manipur and J ammu & Kashmir, should be scrapped.

Mooshahary, a former director-general of the National Security Guards (NSG) and the Border Security Force (BSF), said AFSPA is gender-biased."Provisions of AFSPA are against the spirit of the Indian Panel Code enshrined in the Constitution. You can't arrest a woman after sunset and before sunrise under the IPC; however, armed with AFSPA, armed forces have made it a habit to deal with women in a different manner," Mooshaharysaid.

The “INHUMANE” act by “AFSPA”

•- Dilution of power

•. No armed force would like to carry out any operation in the insurgent affected areas without proper legal protection for its personnel.

•Demoralisation.

•Motivation of the insurgent leadership

• Affect development capacities in the insurgency affected states, and the eventual redress of local grievances.

WHAT IF AFSPA IS DILUTED?

WHY IS AFSPA A BLOT ON THE DEMOCRATICFABRIC OF

INDIA?

-Human rights are universal and the Indian Constitution enshrined the fundamental rights and directive principles to nurture the core values of humane aspiration.

-India as a member of UN Human Rights Council must make its position clear by demonstrating its sincere commitment to the various international obligations

. AFSPA is guilty of:- impunity, rape, wanton violence, environmental destruction, cultural genocide -developmental aggression, forceful resource exploitation, systematic planned transfer of populations to drown or marginalize indigenous peoples to alienate their territories.-distortion of history and disempowerment through alien legal system, forced labour, torture.

WHY NO AFSPA?

The Jeevan-Reddy Commission:-In 2004, following the death of Thangjam Manorama, while in the custody of the Assam Rifles and the indefinite fast undertaken by Irom Sharmila.

-The Central Government accordingly set up a five-member committee under the Chairmanship of Justice B P Jeevan Reddy, former judge of the Supreme Court.

- Provisions

-The Reddy committee submitted its recommendations on June 6, 2005.

Justice Verma panel suggests amendments to AFSPA- Recommended amendments to the Armed Forces Special Powers Act (AFSPA) but even questioned its continuance in such areas

- At the outset, we notice that impunity for systematic or isolated sexual violence in the process of Internal Security duties is being legitimized by the Armed Forces Special Powers Act, which is in force in large parts of our country. It must be recognized that women in conflict areas are entitled to all the security and dignity that is afforded to citizens in any other part of our country.“

- These commissioners must be chosen from those who have experience with women's issues, preferably in conflict areas. In addition, such commissioners must be vested with adequate powers to monitor and initiate action for redress and criminal prosecution in all cases of sexual violence against women by armed personnel," the report states.

“You go to a place in exercise of AFSPA, you commit rape, you commit murder, then where is the question of sanction? It is a normal crime which needs to be prosecuted, and that is our stand,”

It’s simple: you don’t rape or murder “in the line of duty.” 

- BLAME SHIFTING

-Government of India has refused to publish the Reddy Committee’s report or even table it in Parliament eight years after it was submitted. It remains accessible onThe Hindu’s website, the place where the report was first leaked and published verbatim in 2005.

-NAGALAND

- IROM SHARMILA

FEW POLITICAL SITUATIONS

ROLE OF IROM CHANU SHARMILA IN PROTEST TO

REPEAL AFSPA:

Irom Sharmila Chanu (born 14 March 1972), also known

as the "Iron Lady of Manipur" or "Mengoubi" ("the fair one")[1] is a civil

rights activist, political activist, and poet from the

Indian state of Manipur. Since 2 November 2000, she has been on hunger strike to demand that the Indian

government repealthe Armed Forces (Special Powers) Act, 1958 (AFSPA), which she blames for violence in Manipur and other parts of northeast India. Having refused food and water for more than 500 weeks, she has been called "the world's longest hunger striker". She is currently under trial for attempted suicide. Preliminary hearing was held on 4th March 2013 in Delhi Patiala District & Sessions Court No 4. The next hearing is due for 22nd May. 

THE START:Malom Massacre-2 Nov,2000Graphic pictures of dead bodies in local newspaperThursday fast continued for 12 yearsPolice arrest with charge-”attempt to commit suicide”

CONTINUED ACTIVISM:Icon Of Public ResistanceDelhi-JantarMantar, Raj Ghat-Protest DemonstrationMamata Banerjee-Manipur Pradesh All India Trinamool CongressCPI MLShirin Ebadi-United Nations Human Rights CouncilAnna Hazare

INTERNATIONAL ATTENTION:

Gwangju Prize for Human RightsFirst Mayillama Award of Mayillama FoundationLifetime achievement award from the Asian Human Rights CommissionRabindra Nath Tagore Peace Prize of IIPMAward For Peace And Harmony

INDIA AGAINST AFSPA

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