ASFPA empowers soldiers to conduct operations and arrest suspects with full impunity, say activists
\n NEW DELHI
\nThe recent killings of 14 civilians in India\u2019s northeastern province of Nagaland allegedly by a unit of the army has reopened the debate on the utility of controversial legislation Armed Forces Special Powers Act (AFSPA), which gives immunity to security forces against any judicial proceedings.
\nLast week, the assembly of Nagaland unanimously adopted a resolution demanding the repeal of this central legislation.
\nFollowing a meeting with Indian Home Minister Amit Shah, Nagaland Chief Minister Neiphiu Rio said that the central government has decided to form a committee to look into the withdrawal of the AFSPA from Nagaland.
\nBut four days later, a notification issued by the Home Ministry, however, extended the law in the whole of Nagaland for another six months.
\nThree other northeastern states Manipur, Meghalaya, and Mizoram have also demanded the withdrawal of this act, which gives immense powers to the security forces, for conducting search operations in the areas declared disturbed by the government.
\nSpeaking to Anadolu Agency, Wajahat Habibullah, a former top Indian bureaucrat said the legislation is violative to the rule of law and there is no constrain on a soldier who opens fire on an innocent citizen merely based on suspicion.
\nThe law gave sweeping powers to soldiers to arrest without warrants and even shoot to kill in certain situations.
\n\u201cThis law is violative of the basic principles of democracy and cannot find a place in good governance. At best, it can be applied temporarily to deal with an uncontrollable situation and withdrawn immediately on the establishment of public order,\u201d he said.
\nEnacted by the British in 1942 to suppress India\u2019s freedom movement, the legislation was notified again after independence in 1958 to combat disturbances in the northeastern provinces.
\nCurrently, it is applicable in the provinces of Assam, Manipur, Nagaland, parts of Arunachal Pradesh, and Indian Illegally Occupied Jammu and Kashmir (IIOJK).
\nLong pending demand
\nPatricia Mukhim, an activist and editor of a northeast-based English daily said the demand to repeal this legislation is being raised in the region quite often and this long pending demand needs to be fulfilled now.
\n\u201cIt is not known if there is any country on this planet that uses military and arms it with the AFSPA which gives the army a blanket cover against civil laws on excesses committed or killing anyone suspected to be a militant,\u201d she said.
\nShe said that it was sad that the government has not been able to raise a counter-insurgency force to tackle internal disturbances. She also mentioned that the AFSPA has not been enforced in the areas in Central India that are reeling under armed left-wing violence.
\n\u201cIt was futile to imagine that the army would agree to operate in any disturbed area without the shield of AFSPA or that they would agree to a watered-down version of the Act,\u201d she said.
\nShe noted there is a feeling that AFSPA continues to be imposed in the region \u201cbecause there is a lack of empathy about what happens there and the continued culture of violence from both state and non-state actors that persists in the region\u201d.
\nMany armed groups in India\u2019s tribal-dominated northeastern regions, which border Myanmar, China, and Bangladesh are fighting government forces for objectives ranging from greater autonomy to complete independence.
\nSeveral international human rights groups over the years have also expressed concern about the controversial legislation.
\n\u201cSo long as the Armed Forces Special Powers Act protects soldiers from accountability, such atrocities will continue, \u201c said Meenakshi Ganguly, director at Human Rights Watch, while referring to the incident in Nagaland.
\n\u201cPledges by India\u2019s home minister and the army to investigate the army\u2019s horrific killing of 14 people will come to nothing unless those responsible are prosecuted,\u201d she said.
\nGlobal rights groups express concern
\nIn 2011, Hong Kong-based Asian Human Rights Commission said the law has been at the \u201cheart of concerns about human rights violations in the region, such as arbitrary killings, torture, cruel, inhuman and degrading treatment and enforced disappearances. Its continued application has led to numerous protests…\u201d
\nIn 2004 a government-appointed judicial committee headed by retired judge Justice Jeevan Reddy had also recommended the repealing of this law.
\n\u201cTherefore, recommending the continuation of the present act, with or without amendment, doesn\u2019t arise. The act is too sketchy, too bald, and quite inadequate in several particular,\u201d the commission wrote in the report, submitted to the government in 2005.
\nArmy resists repeal
\nIn 2014, the Indian army had said it did not find enough evidence to press charges against some soldiers who were accused of \u201cstaged killings\u201d in 2000 in IIOJK\u2019s Pathribal village.
\nBut the country\u2019s premier investigation agency Central Bureau of Investigation, which also probed the case had indicted the soldiers, stating in the court that it was a \u201cfake encounter and cold-blooded murder\u201d.
\nThe Indian army, however, has been opposing the repealing of this law.
\n\u201cIt should not be taken away. Indian army is very careful while conducting the operations. Indian army is a very professional and disciplined force,\u201d Brig (retd) Mohinder Pratap Singh Bajwa told Anadolu Agency.
\n\u201cThere are proper checks and balances, if anyone is guilty, he should be punished,\u201d he said while arguing that the legislation needs to stay in the statute book.<\/p>\n","protected":false},"excerpt":{"rendered":"
ASFPA empowers soldiers to conduct operations and arrest suspects with full impunity, say activists NEW DELHI The recent killings of 14 civilians in India\u2019s northeastern province of Nagaland allegedly by a unit of the army has reopened the debate on the utility of controversial legislation Armed Forces Special Powers Act (AFSPA), which gives immunity to […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":{"0":"post-236460","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-world"},"yoast_head":"\n