FREE IROM SHARMILA!!!!! REPEAL THE AFSPA!!!!!
Irom Sharmila s hunger strike enters its 14th year
Irom Sharmila (file pic)
Palash Biswas
The "Iron Lady of Manipur" Irom Sharmila's hunger strike entered its 14th year on Tuesday. Irom has been on a hunger strike since November 04, 2000 in Manipur's capital Imphal, demanding the repeal of the Armed Forces Special Powers Act or AFSPA in the state and other disturbed areas across the country. AFSPA gives troops in conflict areas the right to shoot to kill suspected rebels without fear of possible prosecution and to arrest suspected militants without a warrant. Sharmila's fast began 14years ago, a few days after 10 people were shot in the Malom town in Manipur's Imphal valley, allegedly by the Assam Rifles. The incident came to be known as the 'Malon Massacre.'
Imphal: Irom Sharmila's hunger strike in Manipur has entered its 14th year today. Sharmila has been on a hunger strike since November 04, 2000 in Manipur's capital Imphal, demanding the repeal of the Armed Forces Special Powers Act or AFSPA in the state and other disturbed areas across the country. AFSPA gives troops in conflict areas the right to shoot to kill suspected rebels without fear of possible prosecution and to arrest suspected militants without a warrant.
Sharmila's fast began 14years ago, a few days after 10 people were shot in the Malom town in Manipur's Imphal valley, allegedly by the Assam Rifles. The incident came to be known as the 'Malon Massacre.' Local papers later published graphic pictures of those killed, which included a 62-year-old woman and an 18-year-old National Bravery Award Winner.
Three days after she began her strike, Sharmila was arrested by the Manipur Police and charged with 'attempt to suicide'. Since then, the 41-year-old has been in judicial custody in Manipur and force fed through a tube in her nose.
Under law, she has to be released once a year to see if she will start eating. When she doesn't, she is taken back into custody and force fed.
The army opposes any weakening of AFSPA, saying it needs extraordinary powers to deal with insurgents. The law prohibits soldiers from being prosecuted for alleged rights violations unless granted express permission from the Centre.
India must heed NHRC`s recommendation on Sharmila: Amnesty International, India
November 1, 2013 by Imphal Free Press |
IMPHAL, November 1: "India must heed NHRC's recommendations on Prisoner of Conscience Irom Sharmila and release her immediately", said a press release of the Amnesty International, India.
"The National Human Rights Commission's call to remove restrictions imposed on Manipuri activist Irom Sharmila is an encouraging development which must spur authorities to end her detention, Amnesty International India said today, as it launched a public campaign seeking Irom Sharmila's release", it said.
As Irom Sharmila's hunger strike enters its 14th year on November 2, 2013, Amnesty International India is launching a public campaign seeking the support of people for her release.
"As the NHRC has now acknowledged, Irom Sharmila is a Prisoner of Conscience who is being detained solely for the peaceful expression of her beliefs," said Shashikumar Velath, Programmes Director of Amnesty International India. "Her detention is a reminder of India's intolerance to dissent, and an attempt to stifle her protest", the statement continued.
"Irom Sharmila has been on a prolonged hunger strike for the last 13 years, demanding the repeal of the Armed Forces (Special Powers) Act (AFSPA)."
"Irom Sharmila's hunger strike is a protest against human rights violations, and is different from self-starvation as a way to commit suicide," said Shashikumar Velath, according to the statement.
In February 2012, the Supreme Court of India observed in its ruling in the Ram Lila Maidan Incident versus Home Secretary, Union of India and Others case that a hunger strike is "a form of protest which has been accepted, both historically and legally in our constitutional jurisprudence."
"Irom Sharmila is being detained in the security ward of a hospital in Imphal, the capital of Manipur, where she is force-fed a diet of liquids through her nose. Visitors, including her family and friends have to go through a lengthy process of obtaining permission from the Manipur government", the statement expressed.
"On October 30, 2013, the NHRC took suo-motu cognisance of the restrictions imposed on access to Irom Sharmila, noting that even UN Special Rapporteurs and its own Special Rapporteur had been denied access to her in the past." "Further, it said that only the Chief Minister or the Deputy Chief Minister of Manipur could permit visitors to meet Irom Sharmila."
The Amnesty NHRC directed the Government of Manipur to immediately remove these restrictions, calling it a "breach of India`s obligations under international human rights standards and principles, and a grave violation of human rights".
The NHRC observed that the Manipur government was "trying to break
Lift curbs to meet Irom Sharmila Chanu, NHRC tells govt
IMPHAL: Taking suo motu cognizance of the 'arbitrary restrictions' imposed on visiting Irom Sharmila Chanu, the National Human Rights Commission (NHRC) on Wednesday recommended the Manipur government to immediately lift the curbs.
Demanding repeal of the controversial Armed Forces (Special Powers) Act, Sharmila has been fasting since November, 2000. At present, she is being forced-fed through her nose by the government in the security ward of JN Hospital.
The commission, led by its chairman justice KB Balakrishnan, paid a three-day visit to Manipur last week. Besides meeting Sharmila, the rights panel also held sittings.
During its visit, the state officials could not give any satisfactory reply to the commission on the exception made to the practice in Sharmila's case, but was informed that permission to meet her must be issued by either the chief minister or the deputy chief minister.
An NHRC statement issued on Wednesday said the restrictions to meet Sharmila breach India's obligations under international human rights standards and principles and is a grave violation of human rights.
In its notice to Manipur chief secretary, the commission said Sharmila must be permitted to receive visitors under the regime that governs all persons in judicial custody. The commission asked him to reply by December 6 on the steps taken in response to the recommendation.
The commission observed that it believes that if the state government could deny permission to its special rapporteur, a retired DGP and to special rapporteurs of the UN to visit Sharmila, it is unlikely that it gives others access to her.
"It would appear that while keeping her alive, since her death would create problems for the state government, it is trying to break her spirit through this enforced isolation for which there is no judicial mandate, though she is in judicial custody," the NHRC said.
The NHRC said Sharmila is a person of concern to it on three counts. Firstly she is a person in custody on the terms of whose imprisonment the commission has received some complaints.
Secondly, it has been represented to the commission and to the UN special rapporteurs who have visited India that the terms of her imprisonment have deliberately been made harsh because she is a human rights defender.
Lastly, in so far as she is held in conditions that are onerous because of her peaceful opposition to an aspect of government police, a law whose repeal she seeks, she is a prisoner of conscience, said an NHRC statement.
Two commission members, accompanied by senior officers, had met Sharmila on October 23 and they found her frail but alert and did not complain of any ill treatment.
Nipen SalamFREE IROM SHARMILA!!!!! REPEAL THE AFSPA!!!!!
The 'Malom Massacre' was mournfully remembered on the 13th anniversary of the incident in which 10 innocent civilians, including a 62-year-old woman and children were killed in an indiscriminate firing by personnel of the 8th Assam Rifles (Indian Army/ Security Forces) on 2nd November 2000, which had prompted Irom Sharmila to take the fast-unto-death agitation... (more at http://bit.ly/1iEwuGo)
Till now the murderers are protected by the draconian law AFSPA and this black law still exists in Northeast India and J&K. It's a shame to the largest democracy!!!#India #AFSPA #DraconianLaw
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New Delhi: To express solidarity and to highlight the 13 years of struggle of Manipur's Iron Lady Irom Sharmila, a candle vigil was organised today by the volunteers and supporters of Save Sharmila Solidarity Campaign (SSSC) at the Rajghat.
On 5th November Irom Sharmila is completing 13 years of her hunger-protest. In the solidarity vigil various students from colleges and civil rights activists participated.
Save Sharmila Solidarity Campaign (SSSC) is a nation-wide struggle against the neglect and suppression of Irom Sharmila, a Manipuri poet-activist who has been on a hunger-protest for 13 years on a protest against the Armed Forces Special Powers Act (AFSPA) in Manipur.
For this, SSSC (Save Sharmila Solidarity Campaign) in the past, organized various events such as candle vigils, documentary sessions, public awareness rallies, press conferences, sit in protests, delegation meets with NHRC and memorandum to Prime Minister, etc.
Faisal khan of National Alliance of People's Movement and SSSC said that "This is in solidarity with Irom. We want to send out the message that she is not alone. We are with her because she is a fighting for peace and justice through Gandhian method, her struggle shows her faith in democracy and non-violence. The Government continuously ignoring her struggle that is not good for democracy, in soldarity for Irom we are working out to get support throughout the nation since the struggle of Manipuri poet does not feel that she is alone in her struggle instead the whole Nation is with her and with the People of Manipur and North East."
Khadeeja, a well-known women rights Activist added that, "The Government is ready to talk to terrorists and Naxals but they have not initiated any talks with Irom, who has adopted the path of peace and non-violence."
Prof VK Tripathi of IIT Delhi said that, the Government must open talks with her. It is shocking that for the past 13 years not a single delegation has been sent to her to consult with her about her demand.
Volunteers of SSSC also appeals to the civil society and all peace loving people to come forward to respond on this issue and raise our voice united manner which would not create any hindrance to anyone in this Country.
Volunteers and supporters who participated in large number were youths and women who gathered in favour of peace, Justice and democracy.
http://twocircles.net/2013nov04/candle_vigil_solidarity_13_years_irom_sharmila%E2%80%99s_fast.html
Save Irom Sharmila Solidarity Campaign (SSSC) Nation wide stir
Source: The Sangai Express
HEADLINES - 05, NOV 2013
Debut on international aviation map ready, passport office still in paper stage
Price of gambling ? Militants don moral police mantle, kill seven in Assam
CCpur district hospital : Poor power supply, apathy turn CT Scan machines to 'scraps'
CM reviews law and order situation : No novel idea spelt out, 'verbal' security set up
Sangai festival : UNC does a repeat act....Asks all Nagas to stay away
Fish production sees a quantum jump
3rd Imphal area joint Youth Fellowship held
'Fake certificates used in police recruitment'
Three UGs arrested from different places
Governor, CM greet on Ningol Chakkouba
Senior Citizens for Society (SCS) condemns
Training on Manipuri language begins
Action plan to prevent blasts worked out
JNURM bus service to be expanded
NSCN-IM warns GoI against Assam Rifles activities
Grandest ever Sangai festival planned
UNC directs Nagas not to take part in 'Sangai festival'
"Players of our time were like the Eklavaiya of Mahabharata" : Koijam Kesho Singh
Anti-tax group under NSCN-IM scanner
Zeliangrong bodies back Border Road Organisation
No shortage of fish this Ningol Chakkouba Festival, says Sarat
Deficiencies of Manipuri language highlighted
2nd Ingan-Ngai festival celebrated at Tamenglong
New scheme for organic farmers
Woman found murdered after being raped
Imphal, November 04 2013: With the completion of 13 years of fast by Irom Sharmila, the Save Sharmila Solidarity Campaign (SSSC) has planned a Nationwide solidarity event that will be observed at various places.
During the solidarity events that is to be organised during Nov 4-6, various organisations and groups will organise events including public meeting to memorandum submission, according to a statement issued by SSSC.
With the recent campaign initiated by Amnesty International, India for release of Irom Sharmila; SSSC is also trying to spread the appeal of Amnesty during its planned events throughout India.
SSSC, in its statement said that it is campaigning for Repeal AFSPA and its coordinators, members and supporting organisations are organising events throughout India.
Endorsing Amnesty Appeal of Release of irom Sharmila the SSSC is attempting to spread the Amnesty missed call support registering number 1800 200 009 so that those who are not directly involved in demand, atleast can register their support through just a missed call.
The nationwide solidarity event which is being jointly organised with Just Peace Foundation would see many events like Public Meeting at Gandhi Park, Tiruvanantpuram, Kerla; Candle Vigil at Samta Sthal, Rajghat; One Day Sit-in Protest at Arts Faculty, University of Delhi; Talk Show & Play at Mahatma Gandhi Antarashtriya Hindi Vishwavidyalaya; Vidisha, Memorandum Handover to PM Through DM; Betul, Memorandum Handover to PM Through DM; Memorandum Handover to PM Through DM, Jhansi; Candle Vigil at Asha Centre-Varanasi; Protest & Memorandum Handover, D M Office, Basti; Memorandum Handover, D M Office, Shahjahanpur; and Ahmedabad Memorandum submission, according to the statement.
मणिपुर
पलाश विश्वास
कोहिमा बहुत दूर नहीं है और नगालैंड
को छूते उत्तर के पहाड़ों में बारुदी हवाएं तेज
युद्ध अभी खत्म नहीं हुआ पूर्वोत्तर में कहीं
युद्ध अपनी अस्मिता के लिए, प्रतिष्ठानिक
सत्ता के विरुद्ध,जो सिर्फ जानती है
दमन की भाषा और कुछ भी नहीं
युद्ध लोकतंत्र की आड़ में
फौजी शासन के खिलाफ
दिल्ली में हुए युद्धविराम की परवाह किसे है
पहाड़ी पगडंडियों और पत्थरों पर
खिले फूल और आर्किड से पूछो
पूछो अरण्य से, वनस्पतियों से
लोकताक झील और नगा पहाड़ से
पूछो बराक नदी से, क्योंकि अशांत
हैं घाटियां और क्योंकि उसके किनारे
तैनात राकेट लांचर सक्रिय इतने
क्योंकि चारों तरफ बिछी हैं बारुदी सुरंगें
गुरिल्ला युद्ध में संलग्न मां से पूछो
जिसकी पीठ पर अबोध शिशु
दूध के लिए रोता हरदम
और जिसके हाथों में एके 47
शहादत का यह सिलसिला क्यों नहीं थमता?
अगर मुख्यधारा में शामिल होता मणिपुर?
छब्बीस जनवरी की परेड में
पूर्वोत्तर की झांकी की स्वतंत्रता है
पुलिस फायरिंग से मौतें और अनवरत मुठभेड़,
छापामार युद्ध गारंटी है
राष्ट्रीय एकता और अखंडता की
और सामूहिक बलात्कार से
मजबूत होते हैं एकता के सूत्र
क्या जवाब देंगे महामहिम राष्ट्रपति?
मणिपुरी शास्त्रीय नृत्य की
ध्रूपद विभंगिमाओं में
स्थगित अनंत विस्पोट
हजारों ज्वालामुखी...
लोकताक की लहरों में
नृत्यरत नगा कन्यायों के
दिलों में बिजली के तार
क्या जानते नहीं प्रधानमंत्री?
रंग बिरंगे परिधान और
कबीलों की विभिन्न पोशाक
उन्मुक्त हंसी और धीरे से
बहती बराक नदी, भूगोल
के सीने में छटफटाता है
इतिहास और पहाड़ों की
कोख में उमड़े बादलों
के मानिंद विद्रोह घनघोर
हमारे कामरेड कहां हैं पूर्वोत्तर में?
सर्वहारा के मसीहा कहां हैं?
कहां है विचारधारा की आग?
लाल चीन के सामान से से अटा
पड़ा है लाल चीन की सामा से सटा
पूर्वोत्तर का बाजार
और चारों तरफ चीनी हथियार
सिर्फ लापता है विचारधारा
जबकि जनयुद्ध जारी
लौहमानवी इरोम शर्मिला के
बारह साल के अनशन की तरह
नगंन माताओं का सौन्दर्य
अभिव्यक्त तो हो गया सेना के यथेच्छ
बलात्कार के विरुद्ध, फिरभी दिल्ली में,
कोलकाता में या फिर
मुंबई में, देश के अन्यत्र कहीं
कभी नहीं जलती कोई मोमबत्ती
मणिपुर में राष्ट्रशक्ति के बलात्कार
की निरंतरता के विरुद्ध
क्योंकि इस भारत में सबसे अकेली
औरत का नाम कोई अकेली
निर्वासित तसलिमा नसरीन नहीं,
इरोम शर्मिला है, जो पूरे मणिपुर के साथ
निर्वासित है नग्न माताओं की तरह
उग्र धर्मोन्मादी भारत राष्ट्र के
नक्शे से हमेशा के लिए
जब मणिपुर को हम इस देश का हिस्सा नहीं मानते
जब मणिपुर की माताएं हमारी माताएं नहीं है
जब सशस्त्र सैन्य बल अधिनियम से हमारा कुछ लेना देना नहीं
तो क्यों हम आंतरिक सुरक्षा के बहाने
मणिपुर में तैनात रखते हैं सेनाएं?
क्यों हम इरोम और दूसरी मणिपुरी स्त्रियों को जीने नहीं देते
एक सहज स्वतंत्र जीवन?
क्यों मणिपुर इस देश का राज्य
होते हुए उससे हम करते हैं शत्रु राष्ट्र का जैसा सलूक,
जिसके विरुद्ध युद्ध कभी खत्म नहीं होता
न खत्म होता है प्रतिरोध में जनयुद्ध?
हम भारतीय देशभक्त नागरिक सकल अत्यंत धर्मनिरपेक्ष है
नस्लभेदी, जो राष्ट्र के युद्ध को लोकतंत्र मानते हैं और
प्रतिरोध में जनयुद्ध को लोकतंत्र पर निर्लज्ज हमला!
यही हमारा मूल्यबोध है, जो कश्मीर से लेकर मणिपुर और
दंडकारण्य में भी कानून के राज के नाम पर
हर दमन का समर्थन करता है, मजबूती से खड़ा हो जाता है
अनंत मानवाधिकार हनन के पक्ष में
क्योंकि इरोम शर्मिला हमारी कोई नहीं होती!
म्यांमार के सैन्य शासन से बस घंटे भर की दूरी पर है
हमारा लोकतंत्र महान, बस, घंटाभर देर से चलती है घड़ी की सुई
और बीच में टंग गयी एक सीमारेखा, वरना
मणिपुर और म्यांमार में कोई फ्रक नहीं है मित्रों। हम आंग सान सु
के गौरवगान में गदगद हैं और
हमारे लिए अजनबी अनपेक्षित और राष्ट्रद्रोही हैं
इरोम शर्मिला और मणिपुर में बरबर सैन्य शासन के विरुद्ध
नंग्न प्रदर्शन तक के लिए मजबूर मणिरपुर की माताएं!
हम विश्वभर में लोकतंत्र के संकट पर
तुरंत हरकत में आ जाते हैं पर शातिराना चुप्पी साध लेते हैं
कश्मीर, पूर्वोत्तर और दंडकारण्य में लोकतंत्र के सवाल पर
लोकतंत्र के ध्वजावाहकों, धर्मोन्मादी राष्ट्रवाद की महान पैदल सेनाओं,
लो, तुम्हें बताते हैं असलियत कि
येंगुन और इंफाल में फर्क नहीं कोई
मैरेह के बाजार और तामू के बाजार में मुद्रा और
परमिट के सिवाय फर्क नहीं है कोई
वहां भी सैन्य शासन और यहां भी
मणिपुर और पूरे पूर्वोत्तर के लिए
चीन और म्यांमार जितना विदेश है,
उससे कहीं ज्यादा विदेशी हैं हम
क्योंकि अब उन्हें भारतीय सामान से भी
ठीक उतनी ही नफरत है, जितनी की
पूर्वोत्तर में तैनात हत्यारी बलात्कारी सेना से
पहाडों से टकराती सूरज की किरणे
और आइने की तरह चमकता
इंफाल और समूचा मणिपुर
जिसे हम सिर्फ हवाई यात्रा से छू सकते हैं
लेकिन कभी देख नहीं सकते अपनी नस्ली आंखों से कि
उसके रिस रहे जख्मों पर कोई मलहम नही है
रोशनी की ज्वालामुखी के आर पार
भारत उदय और भारत निर्माण से चौंधियाये आंखों से देखो,
मुक्त बाजार से बाहर भारतीय लोक गणराज्य में कहीं नहीं है
ममिपुर, कश्मीर या फिर दंडकारण्य
यह भौगोलिक अस्पृश्यता है और
इसके खिलाफ अभीतक कोई आंदोलन हुआ नही है
मणिपुर के चेहरे में कहीं नहीं है भारत
पश्चिम में बहती नंबुल नदी
लहरों के शोर में अभिव्यक्त
बिहू के छंद, उस पार असम है और
इसपार लाई हरोबा और मार्शल आर्ट
चैतन्य महाप्रभु अब भी जीवित हैं मणिपुर में
मैती वैष्मव जीवन में प्रेममय
लेकिन हम वहां कभी थे नहीं और
न हो सकते हैं, क्यों?
सिर्फ हवाई यात्राओं, सलवा जुड़म और आफसा
से कब तक राष्ट्र को सुरक्षित रखोगे,
माननीय रक्षा मंत्री महोदय?
वरनम वन की तरह चहलकदमी के साथ
बढ़ने लगा है सुकमा का जंगल
जो हमें चारों तरफ से घेर रहा है
कितने सुरक्षित हो सकते हैं हम?
बहुत वैष्णव जन हैं मणिपुर में
निरंतर युद्ध के बावजूद
बहुत शांत है मैती जनगण
शात है सिव उपासना केंद्र
नोङ माइजिङ पर्वत
धर्म परिवर्तन से ही क्या
वे हमारे शत्रु हो गये
हिंदुत्व और हिंदू राष्ट्र के?
राजमहल लङथबाल अब भी चीख चीखकर कहता है
मणिपुर का बारत में विलय वैध है, फैसला कायम है अब भी
लेकिन महाशय, मणिपुर को मणिपुर तो रहने दें!
मोइराङ में नेताजी स्मारक बेदखल ,
जहां बीएसएफ की छावनी है
हर सड़क पर, हर घर पर
मुठभेड़ का इंतजार करते लोग
फोन पर होता सामाजिक अनुष्ठान
सांध्य कर्फ्यू, धमाके अनवरत, फायरिंग,
बिना वारंट तलाशी, गिरफ्तारी,
मुठभेड़, देखते ही गोली मारो
और बलात्कार का नाम है मणिपुर
स्वतंत्रता के नेताजी के उद्घोष कहां हैं?
Nov 2, 2010
On November 4, Irom Chanu Sharmila will be completing fourteen years on hunger strike, probably the longest peace protest in history. A photo narration on Irom's fight for justice.
Irom Chanu Sharmila, the Manipur-based poet and activist is entering her fourteenth year on hunger strike, demanding the repeal of the Armed Forces (Special Powers) Act from Manipur and other Northeastern States. FIle Photo: V. Sudershan
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http://www.thehindu.com/news/national/irom-sharmilas-fight-against-afspa-enters-14th-year/article865067.ece?homepage=true&ref=slideshow#im-image-0
NHRC visit raises hope for Irom Sharmila's release | Tehelka.com
But will the Centre heed her demand for AFSPA's removal from Manipur?
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NHRC Visit Raises Hope For Irom Sharmila's Release
But will the Centre heed her demand for AFSPA's removal from Manipur?
Prisoner of conscience Irom Sharmila's fast will soon enter its 14th year Photo: AFP
On 23 October, a delegation of the National Human Rights Commission (NHRC), led by its chairman, Justice (retd) KG Balakrishnan, met Irom Sharmila Chanu at a hospital in the state capital Imphal. This was the first time any official NHRC delegation has visited Sharmila since she started a fast on 4 November 2000, demanding the withdrawal of the Armed Forces Special Powers Act (AFSPA) from Manipur.
Sharmila was 28 when she began her epic fast following the killing of 10 people by paramilitary forces at Malom in suburban Imphal. In the nearly 13 years since then, her non-violent protest has found support from wide sections of people across the country as well as abroad. Mengoubi (the fair one), as Sharmila is popularly known in the state, has been under arrest at Imphal's Jawaharlal Nehru Hospital and kept alive by force-feeding.
Last December, hearing a petition filed by NGO Human Rights Alert and the Extrajudicial Execution Victims' Families Association, Manipur (EEVFAM), the Supreme Court had directed the NHRC to send a delegation to Manipur. Almost a year later, the statutory human rights body conducted a three-day 'camp sitting' in Imphal and pulled up the Okram Ibobi Singh government for 46 cases of rights violations, including extra-judicial killings. However, given the fate of NHRC's recommendations in the past, not many believe that its recent intervention would bring about any change in the government's attitude.
"So far, such official visits have done little to resolve Manipur's human rights crisis," says Joykumar Singh, executive director of the NGO Human Rights Initiative. "Both the Central and state governments have flouted the NHRC's recommendations in the past. They also didn't act on the report of the Jeevan Reddy Commission (which asked for AFSPA's repeal)."
Singh points out that the judicial inquiry following TEHELKA's exposé on the extra-judicial executions of Rabina Devi and Chungkham Sanjit on 23 July 2009 did not lead to any corrective action. The NHRC has now asked the Manipur government to release the inquiry report on the infamous killings.
The Supreme Court had recently lashed out at the rights body for failing to intervene in the rampant cases of extra-judicial executions and other human rights violations inManipur. This time, however, the NHRC seems to mean business. Singh agrees that the NHRC's meeting with Sharmila could have some impact "if the rights body decides to support her demand for the AFSPA's repeal". State government sources told TEHELKA that the NHRC has recommended the removal of "arbitrary restrictions" on meeting Sharmila.
"It is unlikely that the government will act on the NHRC's recommendations," says human rights campaigner Babloo Loitongbam.
Earlier, the Supreme Court had sent a special probe panel to Manipur to investigate six cases of alleged fake encounters. None of the victims, including a 12-year-old boy, had any links to insurgents. The panel found all six encounters to be fake and presented its findings to the court on 4 April.
Close on the heels of that report, the NHRC's recent visit could make it difficult for the government to dodge allegations of human rights violation. "Wherever the delegation went, it left the state government officials red-faced," says Rakesh Meihoubam of the Human Rights Law Network.
Meanwhile, the clamour for Sharmila's release has become louder. "She is a 'prisoner of conscience', who is being held solely for her peaceful expression of her beliefs," said Shashikumar Velath of Amnesty International India. "She must be released immediately and unconditionally."
A senior official of the Union home ministry told TEHELKA that as the AFSPA's repeal is not possible in the near future, the Centre might instead choose to go soft on Sharmila to mend fences with the civil society in the Northeast.
"If the NHRC is serious about human rights, why did it take so long to meet Sharmila?" asks Oinam Indira Devi, a BJP leader in Manipur. "We wonder if the 2014 Lok Sabha election has something to do with the rights body's sudden sympathy towards Sharmila."
(With inputs from RK Suresh in Imphal)
(Published in Tehelka Magazine, Volume 10 Issue 45, Dated 9 November 2013)
Ratnadip Choudhury More by the author >
For all updates on THiNK2013 visit thinkworks.in
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पूरब की छवियां
पलाश विश्वास
संवाद हो या नहीं,फर्क नहीं पड़ता
सेल्युलाइड में बोलता है परिवेश
लेकिन जीवन कोई फिल्म नहीं
रीटेक की गुंजाइश नहीं कोई
सर्वत्र सीधा प्रसारण
परिवेश कहीं नहीं बोलता
कलाकार की हर भाव भंगिमा
असंभव आलोकपात में आलोकित
अघोषित आयाम रेखांकित
चौराहे पर खड़े होकर
कह बोलने से थमता नहीं ट्राफिक
शूटिंग देखती जनता कहीं
फ्रेम में न आ जाये
सख्त हिदायतें जारी
निरंतरताएं लिपिबद्ध
शिड्यूल लेकिन क्रमबद्ध नहीं है
ग्रीनरूम का फ्रेम
कहीं नहीं दीखती परदे पर
कथा जैसी लिख दी
हमेशा फिल्मांकन वैसा ही नहीं होता
कैमरे के पीछे से एकदम सामने
चला आता निर्देशक कभी कभी
सारे पात्र अप्रासंगिक कठपुतलियां मात्र
प्रदूषित गंगाजल में झांकता नगर
गंगा आरती पृष्ठभूमि में
रीमिक्स में संगीत चीखता
गीतों का अनायास यातायात
किल कूपमंडूक ने कह दिया
सारे नृत्यहोंगे शास्त्रीय
तालबद्ध छंदित नंदित
कणकसज्जा नहीं राजपथ
मछलीबाजार के शोर में
कहीं नहीं है वह आईना
जिसमें दिखायी पड़े सारा देश
सुर्खियां निर्जीव फिलर हैं
प्रायोजित विज्ञापनों के लिए
हर वक्तव्य के पीछे
अघोषित रणकौशल
युद्धकला में पारंगत संवाद
सिर्फ चीखें सन्नाटा तोड़तीं
माहौल गरमाता धमाकों से
तभी शुरु हो जाती मठभेड़
एक्शन बहुत जरुरी है
उसमें जरुरी है स्पेशल इफेक्ट
जिंदगी चाहे जितनी बेरंग हो
सेल्युलाइड रंगीन होना चाहिए
संवाद हो या नहीं
सचमुच कोई फर्क नहीं पड़ता
दो
लोकताक किनारे धान खेत यह
देखो,कितनी बड़ी झील है
समुंदर जैसे विस्तार में असंख्य टापू
हर दीवार पर पोस्टर है यहां
लाइहरोबा उत्सव के विलंबित लय में
संवाद का क्या प्रयोजन,सखी
वहां सारे लोग वैष्णव हैं
आम्रपाली! लाइट! साउंड! एक्शन!
झील में तैरतीं नावें असंख्य
तीर को छूते मछुआरों के जाल
कितने तो कमल खिले हैं
पास ही मोइरांग छावनी
सांझ का अंधियारा ढलने दो
दूर दराज में गोलियां चलने दो
फौजे रोक लेंगी कदम कदम
हैलमेट नहीं था,उन्होंने गोलियों से भून डाला
हमने सारे गांवगांव फूक दिये
जो मिला ,उसे गोलियों से छलनी कर दी
कितने बच्चे थे, नहीं मालूम
सुंदरियों को मार कर फायदा क्या
यह संवाद फिल्मी नहीं है
निर्देशक ने साफ कहा था-
लोककथा में संवाद नहीं चाहिए
सिर्फ सेल्युलाइड कोबोलने दो
संकीर्तन जारी है- पांच शतक बीते
महाप्रभु चैतन्य के आविर्भाव उपरांत
देखो,घाटी में कितने फूल खिले हैं
आम्रपाली,फैशन का तकाजा है
थोड़ा एक्सपोजर होने दो
कैमरा चढ़ रहा है पहाड़
आहिस्ते आहिस्ते, सांसें तेज
हवाएं बतियाती हैं यहां
यहां किसी टापू में कहीं
नहीं बसते कबूई नगा।
वे तैरना जानते हैं
और नाचते हैकबूई नगा डांस
तितलियों को पंख फैलाते देखा है
पंखों की उन्मुक्त छंदबद्ध उड़ान
स्थानांतरित नगा कन्याओं की देह में
उन्हें मुस्कुराते हुए देखो
भूल जाओ कि नेताजी की प्रतिमा
को चारों तरफरेत के बोरों से
कर दी है उन्होंने किलाबंदी
टूटा हुआ रसधागा जोड़कर
प्रेम उन्मत्त पाखंबा देखो,
नाच रहा धान के खेतों में
आम्रपाली, मुड़ मुड़कर न देखो
थांगता के प्रेम काव्य में क्यों
चाहिए संवाद कोई?
युद्धविराम बार बार टूटता
फिर फिर घात लगाकर हमले
अपहरण,फिरौती की मांग
फिर भी संवाद?
चारों तरफ सैनिक जमावड़ा
उड़ान किंतु सही समय पर
तोपों, मशीनगनों,कार्बाइनों
और फौजी गाड़ियों को मत देखो
आम्रपाली, शाट तैयार है
मेक्प पर ध्यान दो
कितनी तो सुंदर लगती हो तुम
फौजी हस्तक्षेप हो
जब समूचा परिवेश
तब सेल्युलाइड पर
प्रेम को मुखर होने दो
तीन
सत्यनारायम की कथा चल रही है अंदर
बाहर अहाते में स्मृति स्मारक
शाम ढलने लगी है
घिरने लगा है अंधियारा
छतों पर किलेबंदी
मोर्चाबंद तमाम दीवारें
पोस्टर सजीव हैं सारे
आग दीख नहीं रही कहीं
आंच सुलग रही है
भीतर ही भीतर
दहशत में वर्दियां तमाम
मशीनगनें, कार्बाइन मुश्तैद
बारुदी गंध है स्मृतियों में
हंसकर अफसर ने कहा
इंफाल बहुत दूर है
कोई अखबारवाल नहीं है
टीवी चैनलवाले लापता
हमेन उनके गांव फूक दिये
खबर नहीं हुई कहीं
उग्रवाद से निपटना है
तो सख्ती बरतनी होगी
बारुदी सुरंगों पर बैठे हैं
एहतियात बरतनी होगी
पहली रेजीमेंट हटा दी गयी
सामूहिक बलात्कार के बाद
खबर का खुलासा नहीं हुआ
ळेकिन उनके जवाबी कार्रवाई में
नुकसान हुआ भारी
तलाशी और छापेमारी में
थोड़ी ज्यादती हो जाती है
इतनी सुंदर कन्याएं हैं यहां
मन तो बहक जाता है
घर से इतनी दूर इतनी दूर
लीजिये, हनुमान जी की कृपा है
सत्यनारायण का प्रसाद है
पूर्वोत्तर में ऐसे आना
फिर जान जोखिम में डालना
एकदम मुफ्त सौदा है क्या?
हमारे कमांडो खेत रहे
और हम बदला न लें?
हमारे जख्म चीखते रहे
और हम उन्हें चैन से सोने दें?
कुमुक पहुंचते न पहुंचते
सारे के सारे फरार छापेमार
इसी को गुरिल्ला युद्ध कहते हैं
बाकी बचे गांववाले
गांव को तो फूंक दिया
लोग कहां गये, इसकी क्या
फिक्र करें, साहब?
चार
गांव के बीचोंबीच पहाड़ी पर लोकेशन
कोहिमा सिर्फ कुछपहाड़ियों के पार
आगामी रणहुंकार गूंजते घाटियों में
हर गांव एक निषिद्ध देस- चीन की
असंख्य प्राचीरें अलंघ्य ये पहाड़
गृहद्वार पर सज्जित नरमुंड काठ के
दरवाजे के ऊपर एक छोर से दूसरे छोर तलक
भैंसो और सांडों केसिर पंक्तिबद्ध
रात गहराती,गहराती रात
ट्राली पर घूमता कैमरा
फोकस बनाने में लगे रज्जाक,शुभ्रा
चारोंतरफ मोनोलिथ की
तेज ठंडी सांसे
और हवाएं काटती हुई...
नगा कुत्ता खाते हैं और
हिरोइन का कुत्ता गायब?
क्या करेगा निर्देशक
धुंध सी घटाएं घेरतीं
चारों तरफ से..
ईस्टर कीप्रार्थना कब हो गयी खत्म
गिरजाघर में, मोमबत्तियां
शायद अभी जल रही हों
दूर कहीं अरण्य में बांसवन में
गुरिल्ला युद्धाभ्यास
चूड़ियां खनकती नहीं उन हाथों में
जिनमें सधे हुए राकेट लांचर
नगा लड़कियों के रंगीन
ग्राम परिधान कहां
जहां जलती है
विद्रोह की आग
गणतंत्र परेड इन पहाड़ों में कहां?
फिल्म में नाचती गाती
जो सुंदर कन्याएं
उन्हींके हाथों में
सज्जित मशीनगन,कार्बाइन
बारुदी सुरंगें कितनी दफा
उड़ातीं गाड़ियां
कोहिमा और
इंपाल के मध्य
असम राइफल्स काअभियान
जारी है सिपाही विद्रोह के बाद से
यकीनन,पर सैन्यअभियान
का इतिहास सुप्राचीन
कोहिमा,इंपाल,ऐजल,आगरतला,
शिलांग और गुवाहाटी तक फैले
समूचा पहाड़
बारुदी सुरंगों पर खड़ा
प्रतीक्षारत
महाविस्फोट के लिए
शताब्दियां बीत गयीं
सैन्य अभियान थमें नहीं
नरमुंड कतारबद्ध
और कबंध भी कतारबद्ध
रक्ताक्त ब्रह्मपुत्र
कहां है संवाद?
(अक्षर पर्व, उत्सव अंक 2004 में प्रकाशित)
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AFSPA: Imputnity Must End
By Ravi Nitesh
22 October, 2013
Countercurrents.org
On the issue of reviewing/repealing AFSPA (Armed forces special powers act), many come together on one side to oppose any such change, even government and opposition political group both join each other. On the other end, another stakeholder army itself comes on board to oppose any such change.
It was told a few times that maintaining AFSPA and advocating for its existence has also one reason to get funds by higher authorities for defense forces. By imposing AFSPA and announcing an area disturbed simply means more intensive expenditure for arms and ammunition for the area that in turn comes from government's funds to respective armed forces. On other hand people who demand to repeal this law for various reasons, have been considered as anti-national and against army personals. It is a propaganda of 'artificial patriotism' that is made by the stakeholders of its beneficiaries. In real grounds, it is completely untrue as the demand to repeal AFSPA is a continuous struggle against the policy and not against the persons. It is a policy matter that is being used by armed forces under the provisions of this act and the actions taken by armed forces with the use of this act are accounted for serious violations of human rights.
Impunity that AFSPA provides is well known. Under its section 4 (a), a non commissioned officer has right to shoot anybody merely on suspicion and if he think this action is necessary 'in opinion' to maintain public order. Then this officer gets 'impunity' in section 6 where 'No prosecution, suit or other legal proceeding shall be instituted , except with previous sanction of central government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this act".
in the veil of this provision, cases of human rights violations that includes killings, torture, kidnapping and even rapes, lost the severity of crime to demand and to get the justice as it would be in normal cases of murder and rapes. It is true that probably no officer got punished under IPC (indian Panel Code) or CrPC (Criminal Procedure code) for any such crime.
Lack of punishment for these crimes can be understood by an example where In Loksabha (Parliament) question no. 3930 dated 19.12.2011 that was asked to Mr. Antony by Mr. Puniya, it was told by Mr. Antony that "24 cases seeking sanction for prosecution under Armed Forces Special Powers Act have been received from Jammu and Kashmir Home Department during the last five years (from 2007 up to 15.12.2011). Of these, 5 cases are under examination. In remaining 19 cases, the requests for prosecution sanction were rejected as it was found on examination that no prima facie case was made out against the accused army personnel."
Till now , we are really unaware about any such sanction that even on those 5 cases (that was told in above mentioned parliamentary question) that were in process that time, had given. So we can say that in spite of large number of human rights abuses by security forces in AFSPA affected region, only few cases sent by state government for sanction to register the criminal case against them but central government denied.
Is it not ironical that how central government is behaving in a judgmental way and with the attitude of super decision maker over the cases that was forwarded to it for grant of permission to lodge a case? So by this way, central government is sure that request of state government seeking the permission was illogical and was not based on facts? Is it something like state government was trying to implicate an army personal in a false claim or the state government tried to get sanction to register a case against a personal of central security force who probably did not commit the crime? is it not misinterpreting and invalidating the roles and powers of state while dealing against human rights abuses committed over its own people by a person deployed by central government in its own territory that is very much belong to its own citizens?
Now in another case, where with the recent case in Supreme Court regarding fake killings in Manipur and accordingly Supreme Court formed a judicial committee to investigate six cases, and where the committee in its findings reported to supreme court that in 6 investigated cases, it was found that all comes under fake enounters. The case is still continue in supreme court where state government of Manipur and Central government are filing their reply .
By these examples, it is very much clear that not only human rights activists and people's desire, but even states are very much sidelined for this very 'security' reasons. In contrast security forces gained audacity to act in irresponsible way as they will not be asked any question and will not get any punishment for their acts (crimes) as they are getting impunity. It is unpredictable that if state(s) are indulged in defending such wrong practices of government or not, but it is very much in the interest of state(s) to take action rather than sitting with silence and handcuffed with written sets of AFSPA sections. Empowering the states are very much necessary for effective law and order and central government must start doing this by starting its action towards people, through making people's friendly laws and through repealing the act that is very much disputed and alleged for violations of rights . For any successful government, faith upon people are always more necessary than blind faith upon its own state machinery such as armed forces.
Ravi Nitesh is a Petroleum Engineer, Founder- Mission Bhartiyam, Core Member- Save Sharmila Solidarity Campaign
follow on twitter: www.twitter.com/ravinitesh Blog: www.ravinitesh.blogspot.com
Songs based on Repeal AFPSA : Black Day on September 11 2013
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** Updated on Oct 07 2013
Song :: Long Live Manipur, AFSPA Song by Aphao ; Lyrics: Leirikhomba
In the shadow of AFSPA– Not so uncommon lives
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Chonchuirinmayo Luithui
My father was picked up from home by the Indian Army late one evening; tortured till dawn, he was pushed down a slope and left for dead. It was a miracle that he survived that night. I had just started kindergarten and was learning the Alphabets. I remember screaming the A B Cs outside the window of his room at the hospital so that he could hear me because I was told not to make noise inside. I wanted him to know what I was learning at school. I was a few months shy of my fourth birthday.
It was from that age that my idea of the 'enemy' was drawn. All big guys in uniform were the real life villains. Dogra Regiment, Sikh Regiment, Assam Rifles, etc. were common names. You could only hate them. But this was not an exceptional situation. It was common to most of the children from my generation in the Naga areas. We grew up knowing of at least one person tortured or killed by the Indian army and associated them with everything that we were scared of. Parents would frighten us when we were out of line that the 'shipai' (soldiers) were coming or that they would give us to the 'shipai'. Not the best way to discipline a child but it worked. We might never witness the violent acts of the Indian army but we heard and knew when the grownups talked in a hush hush manner. Children are smart that way.
My father was targeted because of his human rights activism. I am sure he was prudent enough to know the risk he was getting us all into. He simply refused to have the choice of staying away. So, the Indian Army became regular visitors, raiding our house all too frequently. Probably, they knew more about its creaky floors and dark corners than all our family members combined. This again was not uncommon. It was happening to many 'activist' families. The 'unlucky ones' get picked up and beaten; some did not come back or come out alive. My father died eleven years later because of internal injuries.
1980s and early '90s were a time when the underground movement was at its strongest. The Indian government responded with military power. The army would go on a rampage: shot at anything and anyone, destroyed property, burnt granaries, picked up anyone, beat and maimed them for life, raped and sodomised. My maternal grandfather was killed in one of their shooting sprees. He was cow herding. They seem to be doing all this, as if by doing so, they would scare away even the scariest devil.
I know of families where the parents made their children put on their school uniforms in the middle of the night so that they won't be targeted when the army comes for 'combing operation' (another common phrase). Even so, the army seldom spared anyone.
Looking back, I would say that the Indian army was probably more terrified than us. Yet, my parents' and my generations have been living with a fear psychosis for a long time. It is not uncommon to see many of us look for places to hide when we hear fire crackers during diwali in the Indian cities (yeah, that is where we go for studies, work and entertainment). It is worse back home to hear any kind of bursting sounds. There is never enough space to hide. Again, it is not uncommon to hear on the public address system not to burst fire crackers. As much as I hate to admit it, we are a terrified people.
All these happen because the Indian state sanctions it. It has legalised and institutionalised army atrocities against civilians through the Armed Forces (Special Powers) Act. For a nation built on human dignity as one of its founding principles, AFSPA should be the last legislation on its mind. No human should be forced to carry a lifelong fear psychosis waiting for the next gun shot or for the army to swarm your house destroying anything they want. Our mothers should not be made to stay up all night worrying about losing their husbands and sons to the Indian Army, afraid for their daughters of getting raped. No four years old should be counting her 'enemies' and thinking of revenge (I did that for a long time) because a law creates a space for that. For all these and more, AFSPA has to go.
I recall having a conversation with a friend that the lack of sense of humanity had given room to all those brutalities. On reflection, we should give some credit to the army. They had the capacity to annihilate the whole community, had all of them acted depravedly. This did not happen. So, I suppose there were a few nice guys in the army. But, this does not make good the tyranny of the majority.
Our argument against AFSPA often gets diluted by, or is lost in, the rhetoric played out in the media and public arena. Yet, it is clear that the movement against the Act is not born out of fiction but out of realities that people from areas affected by it are living everyday. I should know because everyday, I imagine my life with my father and struggle against anger that refuses to leave me. There has to be something seriously wrong in a law that lets such thoughts to become part of the collective imagination.
Chonchuirinmayo Luithui is a freelance researcher based in Ukhrul, Manipur.
http://www.morungexpress.com/Infocus/106020.html
'End Irom's detention'
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morungexpress
• Amnesty International launches
campaign for Irom Sharmila's release
• Affirms demand for the repeal of the AFSPA
Dimapur, November 1 (MExN): Amnesty International India (AII) today asserted that the National Human Rights Commission's call to remove restrictions imposed on Manipuri activist Irom Sharmila is "an encouraging development which must spur authorities to end her detention." AII stated this in press note as it launched a public campaign seeking Irom Sharmila's release.
"As the NHRC has now acknowledged, Irom Sharmila is a Prisoner of Conscience who is being detained solely for the peaceful expression of her beliefs," said Shashikumar Velath, Programmes Director of Amnesty International India. He remarked that "Her detention is a reminder of India's intolerance to dissent, and an attempt to stifle her protest."
Irom Sharmila has been on a prolonged hunger strike for the last 13 years, demanding the repeal of the Armed Forces (Special Powers) Act (AFSPA). "Irom Sharmila's hunger strike is a protest against human rights violations, and is different from self-starvation as a way to commit suicide," said Shashikumar Velath. It stated that on 30 October 2013, the NHRC took suo-motu cognisance of the restrictions imposed on access to Irom Sharmila, noting that even UN Special Rapporteurs and its own Special Rapporteur had been denied access to her in the past.
The NHRC had directed the Government of Manipur to immediately remove these restrictions, calling it a "breach of India's obligations under international human rights standards and principles, and a grave violation of human rights."
The NHRC, according to AII observed that the Manipur government was "trying to break Irom Sharmila's spirit through this enforced isolation, for which there is no judicial mandate". The AII in its note welcomed the NHRC's observation; however it stated that the authorities must go further. Shashikumar Velath stated in the note that the authorities "must recognize Sharmila's right to express her beliefs in a peaceful manner, drop all charges against her and release her unconditionally."
As Irom Sharmila's hunger strike enters its 14th year on November 2, Amnesty International India informed that it will launch a public campaign seeking support of the people for her release. Irom Sharmila Chanu began her hunger strike in November 2000, after the killing of 10 people in Manipur by the Assam Rifles in Malom, Imphal. She has consistently demanded the repeal of the AFSPA.
The AII cited that the British Medical Association, in a briefing to the World Medical Association, has clarified that, "[a] hunger strike is not equivalent to suicide. Individuals who embark on hunger strikes aim to achieve goals important to them but generally hope and intend to survive." This position is embodied by the World Medical Association in its Malta Declaration on Hunger Strikers, it stated.
Although attempting to commit suicide is a bailable offence in India, Sharmila has refused to sign the bail bonds, maintaining that she has not committed any offence, the AII asserted.
The note affirmed that Amnesty International continues to demand the repeal of the AFSPA. It stated that AFSPA "falls short of international human rights standards, including provisions of treaties to which India is a state party; and is inconsistent with India's international legal obligations to respect and protect the right to life, liberty and security of person, to freedom from torture and other ill-treatment, and to an effective remedy."
INDIA: Irrelevance of National Human Rights Commission in the North East
Naga Peoples Movement for Human Rights (NPMHR) on the visit of the National Human Rights Commission in Manipur
October 29, 2013
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The Government of India, when it set up the national and the state Human Rights Commissions (NHRC and SHRC) in 1993, the mandate of these commissions excluded atrocities committed by the army and the paramilitary forces.
When the Manipur State Human Rights Commission (MSHRC) was being constituted, the Naga Peoples Movement for Human Rights (NPMHR) was also asked to send a representative to the Commission. The NPMHR after deliberation decided not to participate on the principle, that human rights issues in Northeast India mostly emanated from violations perpetrated by the army and paramilitary forces, and whose acts were shielded by the infamous Armed Forces (Special Powers) Act, 1958 (AFSPA); an Act that directly contravenes and violates the right to life. To be a part of a commission that cannot deal with serious human rights issues was not only meaningless, but also painful.
We recall the 1997 ruling of NPMHR v. Union of India in which the NHRC was also a party, where the Supreme Court upheld the constitutionality of the AFSPA. While the Court provided a list of Dos and Don'ts to check on the exercise of such power of impunity, these rules have been largely ignored. The NHRC has pleaded its helplessness under Section 19 of the Human Rights Act even in cases where the army and paramilitary has contravened it.
All these suggest that unless a radical change in the laws, particularly bringing the acts of the army and paramilitary within the scope of NHRC, and also to limit the impunity enjoyed under AFSPA is changed as has been recommended by various non-state and state agencies including the Jeevan Reddy Committee, the visit of the NHRC would remain a meaningless exercise for the people of Northeast India, including Manipur.
Naga Peoples Movement for Human Rights
Kohima, Nagaland
For further information please contact the secretariat of Naga Peoples Movement for Human Rights, email-id: npmhr2@gmail.com.
Impunity Blues
There is a need that the opposition and the ruling alliance work in tandem for removing the AFSPA from the state
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Respect for human rights is the last thing that the men in uniform in the state are going to learn till they continue to enjoy impunity under the AFSPA in the state. One after another, skeletons of innocent killings have been tumbling from the cupboards of the army. A police investigation has indicted army for killing of a 19-year-old youth, Irfan Ahmed, in Markundal area of Bandipora district on June 30, 2013. It has been found that the personnel of army's 13 RR plotted the killing of the teenager with the help of a local worker. After the killing of the youth, sparking mass protests in the district, the army had not only denied its involvement but had also come with all cock and bull stories about the happening on the day of happening. The final report submitted by the police is indicative that the army throughout investigation has not cooperated with the investigating agency. This report about the involvement of army murdering a young man in cold blood is second in row during the past one week. On October 22, a magisterial probe had charged the army of having killed Tahir Rasool Sofi, and of wounding Muhammad Abbas Lilu, in Ganai Hamam and Kakar Mohalla localities of old Baramulla town. It is not for the first time that the army or paramilitary troops have been indicted of committing crimes against humanity. The July 2010 fake encounter in Machil in which three unarmed civilians Reyaz Ahmad, Muhammad Shafi Lone and Shahzad Ahmad had been killed for money and service awards is fresh in the minds of people. These innocent killings had not only shaken the state but had sent shockwaves across the globe causing hundreds of write-ups in international newspapers against the grave violation. The way visiting all parties' parliamentary delegation had shown its concern on the 2010 situation in the state; it was believed some bold initiatives like revoking AFSPA for improving human rights situation in the state would be taken. It did nothing substantial for withdrawing or amending this harsh law. Had the parliamentary delegations followed up their visit to the state seriously perhaps there would have been some improvement in human rights situation in the state.
For preventing innocent killings like those in Bandipora and Baramulla besides trying the accused in the civil courts there is also need that the opposition and ruling alliance works in tandem for removing the AFSPA from the state.
http://www.greaterkashmir.com/news/2013/Oct/29/impunity-blues-22.asp
Irom Chanu Sharmila
From Wikipedia, the free encyclopedia
 * | A major contributor to this article appears to have a close connection with its subject. It may require cleanup to comply with Wikipedia's content policies, particularlyneutral point of view. Please discuss further on the talk page. (June 2013) |
Irom Sharmila Chanu | |
 * | |
Born | 14 March 1972 (age 41) |
Nationality | |
Occupation | Civil rights activist, Political activist,Poet |
Known for | hunger strike against Armed Forces (Special Powers) Act, 1958 |
Parents | Irom c Nanda (father) Irom Ongbi Sakhi (mother) |
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 repeal the Armed Forces (Special Powers) Act, 1958(AFSPA), which she blames for violence in Manipur and other parts of northeast India.[2]Having refused food and water for more than 500 weeks, she has been called "the world's longest hunger striker".[3]
She is currently under trial for attempted suicide. Preliminary hearing was held on 4 March 2013 in the Patiala District and Sessions Court No 4, and the next one on 22 May 2013.[4][5] The next summons date for her appearance in court is set for 30 August 2013.[6]As Sharmila was not presented by the Manipur State and her lawyers did not show up either the Metropolitan Magistrate accepted oral argument that Sharmila was being held in isolation in Imphal JNIMS and that she had a natural justice right to appear at her own trail and therefore issued a fresh summons for her to be presented at Delhi Patiala Court on 30 October. This will be the seventh summons issued by the court. She has been presented once by the Manipur State. Although the NHRC declined to investigate why she is not being presented for trial they have now accepted she is being illegally held in isolation at the JNIMS and has asked the Local State authorities to provide a written report to show how they are overturning the ban to the NHRC by 6th December. [7] As the Manipur State refused to present Sharmila for trial and her Lawyers the HRLN could not be bothered to appear the Court reissued the 8th summons for Irom Sharmila Chanu to appear for trial on December 19th. The only institution offering Sharmila any actual support within India is Indian Judiciary but the Judiciary has no executive powers and the NHRC doesn't appear to considering this matter at all. [8] On 30 October the NHRC made a recommendation to the Principal Secretary that he show how he has lifted the isolation imposed upon Irom Sharmila. He has to do so by 6th December well in time to show that he is allowing her now to be sent for trial. The NHRC may assume the powers of an Indian High Court and can find the Principal Secretary in contempt if he fail to comply with their recommendations. Given that he is accused of gross human rights violations a prison sentence until his contempt is purged would be one option. No doubt he will do the right thing and that will not be necessary. [9]
Contents
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Decision to fast[edit]
On 2 November 2000, in Malom, a town in the Imphal Valley of Manipur, ten civilians were allegedly shot and killed by the Assam Rifles, one of the Indian Paramilitary forces operating in the state, while waiting at a bus stop.[10][11] The incident later came to be known to activists as the "Malom Massacre".[12] The next day's local newspapers published graphic pictures of the dead bodies, including one of a 62-year old woman, Leisangbam Ibetomi, and 18-year old Sinam Chandramani, a 1988 National Child Bravery Award winner.[11]
Sharmila, the 28-year-old daughter of a Grade IV veterinary worker, began to fast in protest of the killings, taking neither food nor water.[13] As her brother Irom Singhajit Singh recalled, "The killings took place on 2 November 2000. It was a Thursday. Sharmila used to fast on Thursdays since she was a child. That day she was fasting too. She has just continued with her fast". 4 November is also given as the start day of her fast. On the Friday third of November she had her last supper of pastries and sweets then touched her mother's feet and asked permission to fulfill her bounden duty.[14] Her primary demand to the Indian government was the repeal of theAFSPA
Three days after she began her strike, she was arrested by the police and charged with an "attempt to commit suicide", which is unlawful under section 309 of the Indian Penal Code, and was later transferred to judicial custody.[14] Her health deteriorated rapidly, and the police then forcibly had to use nasogastric intubation in order to keep her alive while under arrest.[3] Since then, Irom Sharmila has been regularly released and re-arrested every year since under IPC section 309, a person who "attempts to commit suicide" is punishable "with simple imprisonment for a term which may extend to one year [or with fine, or with both]".[14][15]
Continued activism[edit]
By 2004, Sharmila had become an "icon of public resistance".[10] Following her procedural release on 2 October 2006, for around four months, Irom Sharmila Chanu went to Raj Ghat, New Delhi, which she said was "to pay floral tribute to my idol, Mahatma Gandhi." Later that evening, Sharmila headed for Jantar Mantar for a protest demonstration where she was joined by students, human rights activists and other concerned citizens.[13] On 6 October, she was re-arrested by the Delhi police for attempting suicide and was taken to the All India Institute of Medical Sciences, where she wrote letters to the Prime Minister, President, and Home Minister.[13] At this time, she met and won the support of Nobel-laureate Shirin Ebadi, the Nobel Laureate and human rights activist, who promised to take up Sharmila's cause at the United Nations Human Rights Council.[13] In 2011, she invited anti-corruption activist Anna Hazare to visit Manipur,[16] and Hazare sent two representatives to meet with her.[17]
In October 2011, the Manipur Pradesh All India Trinamool Congress announced their support for Sharmila and called on party chiefMamata Banerjee to help repeal the AFSPA.[18] The Communist Party of India (Marxist–Leninist) (CPI ML) also stated its support for her and for repeal of AFSPA, calling for nationwide agitation.[19] In November, at the end of the eleventh year of her fast, Sharmila again called on Prime Minister Manmohan Singh to repeal the law.[20] On 3 November, 100 women formed a human chain in Ambari to show support for Sharmila, while other civil society groups staged a 24-hour fast in a show of solidarity.[21]
In December 2011, Pune University announced a scholarship program for 39 female Manipuri students to take degree courses in honour of Irom Sharmila Chanu's 39 years of age.[22] In May 2013 an Amnesty International Delegate from Bangalore Mr Menon met with Sharmila stating that Amnesty International were considering adopting her formally as a prisoner of conscience. He met with her again in September confirming that Amnesty International India were formally adopting her as a prisoner of conscience and that they would begin a fresh campaign of support from 2 October 2013 this was confirmed by a press release on this day. [23]
International attention[edit]
Sharmila was awarded the 2007 Gwangju Prize for Human Rights, which is given to "an outstanding person or group, active in the promotion and advocacy of Peace, Democracy and Human Rights".[24] She shared the award with Lenin Raghuvanshi of People's Vigilance Committee on Human Rights, a northeastern Indian human rights organization.[24]
In 2009, she was awarded the first Mayillama Award of the Mayilamma Foundation "for achievement of her nonviolent struggle in Manipur".[25] In 2010, she won a lifetime achievement award from the Asian Human Rights Commission.[26] Later that year, she won the Rabindranath Tagore Peace Prize of the Indian Institute of Planning and Management, which came with a cash award of 5,100,000 rupees,[27] and the Sarva Gunah Sampannah "Award for Peace and Harmony" from the Signature Training Centre.[28]
Works on her life[edit]
Deepti Priya Mehrotra's Burning Bright: Irom Sharmila and the Struggle for Peace in Manipur details Sharmila's life and the political background of her fast.[29]
Ojas S V, a theatre artist from Pune, has been performing a mono-play titled Le Mashale ("Take the Torch"), based on Irom Sharmila's life and struggle at several places in India. It is an adaptation of Meira Paibi (Women bearing torches), a drama written by Malayalam playwright Civic Chandran.[30][31]
References[edit]
Jump up^ Rituparna Chatterjee (20 April 2011). "Spot the Difference: Hazare vs. Irom Sharmila". Sinlung. Retrieved 30 April 2011.
Jump up^ "Manipur Fasting Woman Re-arrested". BBC News. 9 March 2009. Retrieved 8 May 2011.
^ Jump up to:a b Andrew Buncombe (4 November 2010). "A decade of starvation for Irom Sharmila". The Independent. Archived fromthe original on 22 October 2012. Retrieved 8 May 2011.
Jump up^ "Charges framed against Irom Sharmila over fast-unto-death, 'iron lady' refuses to plead guilty". Retrieved 9 March 2013.
Jump up^ Ashok, Sowmiya (23 May 2013). "'Court kutcheri' for Irom Sharmila". The Hindu. Retrieved 6 June 2013.
Jump up^ "Court to record evidence in Irom Sharmila's case on August 30". India Today. 22 May 2013. Retrieved 6 June 2013.
Jump up^ http://www.business-standard.com/article/news-ians/remove-restrictions-on-irom-sharmila-nhrc-113103000715_1.html
Jump up^ http://www.business-standard.com/article/news-ians/court-asks-irom-sharmila-to-appear-on-dec-19-113103001062_1.html
Jump up^ http://articles.timesofindia.indiatimes.com/2013-10-31/guwahati/43558624_1_sharmila-chanu-nhrc-statement-national-human-rights-commission
^ Jump up to:a b Nilanjana S. Roy (8 February 2011). "Torchbearers for Victims in a Violent Land". The New York Times. Archived from the original on 22 October 2012. Retrieved 8 May 2011.
^ Jump up to:a b Rahul Pathak (6 August 2004). "Why Malom is a big reason for Manipur anger against Army Act". The Indian Express. Retrieved 8 May 2011.
Jump up^ Anjuman Ara Begum (3 November 2010). "AFSPA and Unsolved massacres in Manipur". Twocircles.net. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
^ Jump up to:a b c d Shoma Chaudhury (5 December 2009). "Irom And The Iron In India's Soul". Tehelka. Archived from the original on 22 October 2012. Retrieved 8 May 2011.
^ Jump up to:a b c "Manipur fasting woman re-arrested". BBC News. 9 March 2009. Archived from the original on 22 October 2012. Retrieved 8 May 2011.
Jump up^ Vidya Subramaniam (28 August 2011). "Irom Sharmila urges Anna to visit Manipur". The Hindu. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
Jump up^ "Highlights of Anna Hazare's interview to NDTV". NDTV. 13 September 2011. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
Jump up^ "Mamata's help sought for raising voice against AFSPA".The Times of India. 17 October 2011. Archived from the original on 22 October 2012.
Jump up^ "CPI (ML) to show solidarity to Sharmila with nation-wide agitation". Imphal Free Press via Kanglaonline. 29 September 2011. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
Jump up^ "PM should realize I am struggling for people: Irom". The Times of India. Times News Network. 4 November 2011. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
Jump up^ "Civil society groups in state back Irom's cause". The Times of India. Times News Network. 3 November 2011. Archived from the original on 22 October 2012.
Jump up^ "Scholarship for Manipuri girl students in Sharmila's honour". The Times of India. 10 December 2011. Archived from the original on 22 October 2012.
Jump up^ http://timesofindia.indiatimes.com/india/Irom-Sharmila-Chanu-must-be-immediately-released-Amnesty-India-says/articleshow/23391105.cms
^ Jump up to:a b "Gwangju Prize for Human Rights". 18 May Memorial Foundation. Archived from the original on 22 October 2012. Retrieved 24 April 2011.
Jump up^ Sobhapati Samom (1 March 2010). "Kerala activists promise support to Irom Sharmila". Assam Tribune. Archived from the original on 22 October 2012. Retrieved 22 October 2012.
Jump up^ "Human rights defender awarded for lifetime achievement". Asian Human Rights Commission. 29 January 2010. Archived from the original on 22 October 2012. Retrieved 22 October 2012.
Jump up^ "Irom Sharmila awarded Rabindranath Tagore peace award". dnaindia.com. 12 September 2010. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
Jump up^ "Sharmila Conferred Peace Award". manipuronline.com. 27 December 2010. Archived from the original on 22 October 2012. Retrieved 22 October 2012.
Jump up^ Laxmi Murthy (December 2009). "Reluctant heroine: 'Burning Bright' by Deepti Priya Mehrotra". Himal South Asian. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
Jump up^ T. Saravanan (11 February 2011). "For a noble cause". The Hindu. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
Jump up^ Shalini Umachandran (12 February 2011). "Single act that captures a dozen wounds of Manipur". The Times of India. Times News Network. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
Armed Forces (Special Powers) Act, 1958
From Wikipedia, the free encyclopedia
 * | This article is written like a personal reflection or opinion essay rather than an encyclopedic description of the subject. Please help improve it by rewriting it in anencyclopedic style. (October 2010) |
The Armed Forces (Special Powers) Act (AFSPA), was passed on September 11, 1958, by the Parliament of India.[1] It is a law with just six sections granting special powers to the armed forces in what the act terms as "disturbed areas" .The Act has been at the heart of concerns about human rights violations in the regions of its enforcement , where arbitrary killings, torture, cruel, inhuman and degrading treatment and enforced disappearances have happened.[2]
Contents
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1.1 Armed Forces Special Powers (Assam and Manipur )Act, 1958
1.2 The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983
History[edit]
The Armed Forces Special Powers Ordinance of 1942[3] was promulgated by the British on August 15, 1942 to suppress the Quit India Movement.[4] Modeled on these lines , four ordinances—the Bengal Disturbed Areas (Special Powers of Armed Forces) Ordinance; the Assam Disturbed Areas (Special Powers of Armed Forces)Ordinance; the East Bengal Disturbed Areas (Special Powers of Armed Forces) Ordinance; the United provinces Disturbed Areas(Special Powers of Armed Forces) Ordinance were invoked by the central government to deal with the internal security situation in the country in 1947 which arouse out of Partition of India .These Ordinances were replaced by the Armed Forces (Special Powers) Act, 1948 . Though the Act was a temporary statute enacted for a period of one year, it continued till it was repealed in 1957 .[5]
Armed Forces Special Powers (Assam and Manipur )Act, 1958 [edit]
In 1951, the Naga National Council(NNC) reported that it conducted a 'free and fair plebiscite' in which about 99 per cent Nagas voted for a 'Free Sovereign Naga Nation'.[6] There was a boycott of first general election of 1952 which later , extended to boycott of government schools and officials.[7] In order to deal with the situation, the Assam government imposed the Assam Maintenance of Public Order (Autonomous District) Act in the Naga Hills in 1953 and intensified police action against the rebels. When the situation worsened, Assam deployed the Assam Rifles in the Naga Hills and enacted the Assam Disturbed Areas Act of 1955, providing a legal framework for the paramilitary forces and the armed state police to combat insurgency in the region.But the Assam Rifles and the state armed police could not contain the Naga rebellion and the rebel Naga Nationalist Council(NNC) formed a parallel government "The Federal Government of Nagaland" on March 22, 1956. The state administration found itself incapable of handling the situation and asked for central assistance.[8] In response to this continued unrest in the North-Eastern, that spilled over into the state of Manipur,[9] The Armed Forces (Assam and Manipur) Special Powers Ordinance 1958 was promulgated by the President Dr. Rajendra Prasad on the 22nd May, 1958. Section 3 of the Ordinance empowers the Governor of Assam and the Chief Commissioner of Manipur to declare the whole or any part of Assam or the Union territory of Manipur (Manipur was a Union Territory at the time and later in became a state in 1972[10])as the case may be, to be a "disturbed area" . Once the area was declared as "disturbed area" in the Official Gazette, any Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces may exercise, in the disturbed area, the powers conferred by section 4 and 5 of the Ordinance.[1] It was replaced by Armed Forces (Assam and Manipur) special Powers Act, 1958 on September 11, 1958.
Armed Forces (Assam and Manipur) Special Powers (Amendment) Act, 1972[edit]
The Armed Forces (Assam and Manipur) Special Powers Act,1958 empowered only the Governors of the States and the Administrators of the Union Territories to declare areas in the concerned State of Union Territory as 'disturbed'.By Armed Forces (Assam and Manipur) Special Powers (Amendment) Act, 1972, such a power was conferred concurrently upon the Central government.The reason for conferring such a power as per "Objects and Reasons'" appended to the Bill was that , "Keeping inview the duty of the Union underArticle 355 of the Constitution,inter alia, to protect every State against internal disturbance, it is considered desirable that the Central government should also have power to declare areas as 'disturbed', to enable its armed forces to exercise the special powers".[5] The territorial scope of Act also expanded to the five states of the North-East, - Assam, Manipur, Meghalaya, Nagaland, Tripura and to the Union Territories Arunachal Pradesh and Mizoram . In addition , the words , "The Armed Forces (Assam and Manipur) Special Powers Act, 1958" were substituted by "Armed Forces (Special Powers) Act, 1958", getting the acronym of AFSPA, 1958 .
The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983[edit]
The central government enacted the Armed Forces(Punjab and Chandigarh) Special Powers Act on October 6, 1983, repealing The Armed Forces (Punjab and Chandigarh) Special Powers Ordinance, 1983, to enable the central armed forces to operate in the state of Punjab and the union territory of Chandigarh . The Act was enforced in the whole of Punjab and Chandigarh on October 15, 1983.The terms of the Act broadly remained the same as that of the Armed Forces Special Powers Act (Assam and Manipur) of 1972 except for two sections, which provided additional powers to the armed forces.
Sub-section (e) was added to Section 4 stipulating that any vehicle can be stopped, searched and seized forcibly if it is suspected of carrying proclaimed offenders or ammunition.
Section 5 was added to the Act specifying that a soldier has the power to break open any locks "if the key there of is withheld".[8]
The Act was withdrawn in 1997 , roughly 14 years after it came to force .
The Act[edit]
The Articles in the Constitution of India empower state governments to declare a state of emergency due to one or more of the following reasons:
Failure of the administration and the local police to tackle local issues.
-
Return of (central) security forces leads to return of miscreants/erosion of the "peace dividend".
The scale of unrest or instability in the state is too large for local forces to handle.
In such cases, it is the prerogative of the state government to call for central help. In most cases, for example during elections, when the local police may be stretched too thin to simultaneously handle day-to-day tasks, the central government obliges by sending in theBSF and the CRPF. Such cases do not come under the purview of AFSPA. AFSPA is confined to be enacted only when a state, or part of it, is declared a 'disturbed area'. Continued unrest, like in the cases of militancy and insurgency, and especially when borders are threatened, are situations where AFSPA is resorted to.[11]
By Act 7 of 1972, the power to declare areas as being disturbed was extended to the central government.[12]
In a civilian setting, soldiers have no legal tender, and are still bound to the same command chain as they would be in a war theater. Neither the soldiers nor their superiors have any training in civilian law or policing procedures. This is where and why the AFSPA comes to bear - to legitimize the presence and acts of armed forces in emergency situations which have been deemed war-like.[11][13]
Armed Forces (Special Powers) Act[edit]
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:[14]
After giving such due warning, Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order,
Destroy any arms dump, hide-outs, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence.
To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest.
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 and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the 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. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.
Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.
For declaring an area as a 'disturbed area' there must be a grave situation of law and order on the basis of which Governor/Administrator can form opinion that an area is in such a disturbed or dangerous condition that use of Armed Forces in aid of civil power is necessary .[15]
The Jeevan Reddy Commission[edit]
In 2004, in the wake of intense agitation[16] that was launched by several civil society groups following the death of Thangjam Manorama, while in the custody of the Assam Rifles and the indefinite fast undertaken by Irom Sharmila, Union Home Minister Shivraj Patil visited Manipur and reviewed the situation with the concerned state authorities. In the same year, Prime Minister, Manmohan Singh assured activists that the central government would consider their demand sympathetically.
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. The panel was given the mandate of "review[ing] the provisions of AFSPA and advise[ing] the Government of India whether (a) to amend the provisions of the Act to bring them in consonance with the obligations of the government towards protection of human rights; or (b) to replace the Act by a more humane Act."
The Reddy committee submitted its recommendations on June 6, 2005. In December 2006, Prime Minister Manmohan Singh declared that the Act would be amended to ensure it was 'humane' on the basis of the Jeevan Reddy Commission's report.[17]
Non-state Views and Commentary[edit]
United Nations view[edit]
When India presented its second periodic report to the United Nations Human Rights Committee in 1991, members of the UNHRC asked numerous questions about the validity of the AFSPA. They questioned the constitutionality of the AFSPA under Indian law and asked how it could be justified in light of Article 4 of the International Covenant on Civil and Political Rights, ICCPR. On 23 March 2009, UN Commissioner for Human Rights Navanethem Pillay asked India to repeal the AFSPA. She termed the law as "dated and colonial-era law that breach contemporary international human rights standards."[18]
On 31 March 2012, the UN asked India to revoke AFSPA saying it had the no place in Indian democracy. Christof Heyns, UN's Special Rapporteur on extrajudicial, summary or arbitrary executions said "During my visit to Kashmir, AFSPA was described to me as 'hated' and 'draconian'. It clearly violates International Law. A number of UN treaty bodies have pronounced it to be in violation of International Law as well."[19]
Non-governmental organizations' analysis[edit]
The act has been criticized by Human Rights Watch as a "tool of state abuse, oppression and discrimination".[20]
The South Asian Human Rights Documentation Centre argues that the governments' call for increased force is part of the problem.[21]
"This reasoning exemplifies the vicious cycle which has been instituted in the North East due to the AFSPA. The use of the AFSPA pushes the demand for more autonomy, giving the people of the North East more reason to want to secede from a state which enacts such powers and the agitation which ensues continues to justify the use of the AFSPA from the point of view of the Indian Government." - The South Asian Human Rights Documentation Centre[22]
A report by the Institute for Defense Studies and Analysis points to multiple occurrences of violence by security forces against civilians in Manipur since the passage of the Act.[23] The report states that residents believe that the provision for immunity of security forces urge them to act more brutally.[23] The article, however, goes on to say that repeal or withering away of the act will encourage insurgency.
[24] In addition to this, there have been claims of disappearances by the police or the army in Kashmir by several human rights organizations.[25][26]
A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2009.
Many human rights organizations such as Amnesty International and the Human Rights Watch (HRW) have condemned human rights abuses in Kashmir by police such as "extra-judicial executions", "disappearances", and torture;[27] the "Armed Forces Special Powers Act", which "provides impunity for human rights abuses and fuels cycles of violence. The Armed Forces Special Powers Act (AFSPA) grants the military wide powers of arrest, the right to shoot to kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that troops need such powers because the army is only deployed when national security is at serious risk from armed combatants. Such circumstances, they say, call for extraordinary measures." Human rights organizations have also asked Indian government to repeal[28] the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order.".[29]
Activists who are working in J&K for peace and human rights include names of Madhu Kishwar, Ashima Kaul, Ram Jethmalani, Faisal Khan, Ravi Nitesh, Swami Agnivesh, Dr. Sandeep Pandey and many others. They all accept that people to people communication and development of new avenues are the only way for peace, however laws like AFSPA are continuously violating human rights issues there.
United States leaked diplomatic cables[edit]
The Wikileaks diplomatic cables have recently disclosed that Indian government employees agree to acts of human rights violations on part of the Indian armed forces and various paramilitary forces deployed in the north east parts of India especially Manipur. The violations have been carried out under the cover of this very act. Governor S.S. Sidhu admitted to the American Consul General in Kolkata, Henry Jardine, that the Assam Rifles in particular are perpetrators of violations in Manipur which the very same cables described as a state that appeared more of a colony and less of an Indian state.[30][31]
Earlier leaks had also stated that International Committee of the Red Cross (ICRC) had reported to the United States diplomats in Delhiabout the grave human rights situation in Kashmir which included the use of electrocution, beatings and sexual humiliation against hundreds of detainees. This act is in force in Kashmir since 1990.[32]
Santosh Hegde commission on Manipur encounter deaths[edit]
A high-power commission headed by the retired Supreme Court judge, Santosh Hegde was constituted in January 2013 to probe six encounter deaths in Manipur.[33] The committee, comprising former Supreme Court judge Santosh Hegde, ex-CEC J M Lyngdoh and a senior police officer, has said in its report that the probe showed that none of the victims had any criminal records.[34] The judicial commission set up by the Supreme Court is trying to make the controversial Armed Forces Special Powers Act (AFSPA) more humane, and the security forces more accountable. The committee has suggested fixing a time frame of three months for the central government to decide whether to prosecute security personnel engaged in extra-judicial killings or unruly behaviour in insurgency-hit regions.The Commission noted that AFSPA was an impediment to achieving peace in regions such as Jammu and Kashmir and the northeast.The commission also said the law needs to be reviewed every six months to see whether its implementation is actually necessary in states where it is being enforced. About Section 6 of the act, which guarantees protection against prosecution to the armed forces, the report said: "It is not that no action can be taken at all. Action can be taken but with prior sanction of the central government.[35]
See also[edit]
Footnotes[edit]
^ Jump up to:a b "THE ARMED FORCES (SPECIAL POWERS) ACT, 1958"
Jump up^ "Court-appointed panel highlights misuse of AFSPA in Manipur". July 17, 2013. Retrieved 29 July 2013.
Jump up^ "(THE) ARMED FORCES (SPECIAL POWERS) ORDINANCE, 1942". Retrieved 29 July 2013.
Jump up^ "A VICIOUS CYCLE OF VIOLENCE". The Telegraph. April 26, 2005. Retrieved 29 July 2013.
^ Jump up to:a b "Report of the Committee, headed by Justice Jeevan Reddy, to Review the Armed Forces (Special Powers) Act 1958 - Part II - Legal and Constitutional Aspects ." (PDF). Retrieved 29 July 2013.
Jump up^ Singh M. Amarjeet. "The Naga Conflict. NIAS Backgrounder on Conflict Resolution, B7-2012". National Institute of Advanced Studies, Bangalore. Retrieved 29 July 2013.
Jump up^ "Interning Insurgent Populations: The Buried Histories of Indian Democracy". Economic And Political Weekly. February 5, 2011. Archived from the original on|archiveurl= requires |archivedate= (help). Retrieved 29 July 2013.
^ Jump up to:a b Chadha, Vivek. ARMED FORCES SPECIAL POWERS ACT - The Debate. ISBN 978-81-7095-129-1. Retrieved 29 July 2013.
Jump up^ "LAND RIGHTS, AUTONOMY AND CONFLICT IN MANIPUR" (PDF). Retrieved 28 July 2013.
^ Jump up to:a b Harinder Singh (July 6, 2010). "AFSPA: A Soldier's Perspective". Institute for Defence Studies and Analyses.
Jump up^ "Report of the Committee, headed by Justice (Retd) B.P. Jeevan Reddy, to Review the Armed Forces (Special Powers) Act 1958 -Part-II Legal and Constitutional aspects" (PDF).The Hindu. Retrieved 28 July 2013.
Jump up^ Anil Kamboj (October 2004). "Manipur and Armed Forces (Special Power) Act 1958". Institute for Defence Studies and Analyses.
Jump up^ "(PDF) The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990" Indian Ministry of Law and Justice Published by the Authority of New Deli
Jump up^ "Naga People's Movement of Human Rights vs. Union of India,1998".
Jump up^ "MANIPUR ON FIRE". Frontline. September 2004. Retrieved 2011-06-05.
Jump up^ "Centre may amend AFSPA, Army could lose cover". The Times of India. Jun 20, 2010. Retrieved 29 July 2013.
Jump up^ "United Nations asks Indian govt to repeal AFSPA". IRNA. March 23, 2009. Retrieved 2009-03-24.
Jump up^ UN asks India to repeal Armed Forces Special Powers Act
Jump up^ India: Repeal Armed Forces Special Powers Act; 50th Anniversary of Law Allowing Shoot-to-Kill, Other Serious Abuses. Human Rights Watch
^ Jump up to:a b Institute for Defense Studies and Analysis, 'Manipur and Armed Forces (Special Powers) Act 1958' "the alleged rape and killing of Manjab Manorama", "security forces have destroyed homes", "arrests without warrants", "widespread violations of humane rights", "The cases of Naga boys of Oinam village being tortured before their mothers by Assam rifles Jawans in July 1987; the killing of Amine Devi and her child of Bishnupur district on April 5, 1996 by a CRPF party; the abduction, torture and killing of 15-year-old Sanamacha of Angtha village by an Assam Rifles party on 12th February 1998; the shooting dead of 10 civilians by an Assam Rifles party in November 2000 are some of the glaring examples that are still fresh in the mind of Manipuris."
Jump up^ "Blood Tide Rising". TIME Magazine. January 18, 1993.
Jump up^ BBC NEWS | World | South Asia | Kashmir's extra-judicial killings
Jump up^ Behind the Kashmir Conflict - Abuses in the Kashmir Valley
Jump up^ Behind the Kashmir Conflict: Undermining the Judiciary (Human Rights Watch Report: July 1999)
Jump up^ Nambath, Suresh (March 21, 2011). "'Manipur more a colony of India'". The Hindu (Chennai, India).
Jump up^ http://www.thehindu.com/news/the-india-cables/the-cables/article1556742.ece/ref>
Jump up^ Burke, Jason (December 16, 2010). "WikiLeaks cables: India accused of systematic use of torture in Kashmir". The Guardian (London).
Jump up^ http://www.thehindu.com/news/national/santosh-hegde-panel-to-probe-manipur-encounter-deaths/article4287753.ece/
Jump up^ http://articles.timesofindia.indiatimes.com/2013-04-04/india/38277575_1_apex-court-ibobi-singh-government-manipur
Jump up^ http://www.dnaindia.com/india/1863920/report-sc-panel-pushes-for-a-humane-afspa
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