Armed Forces (Special Powers) Act, 1958
Encyclopedia
The Armed Forces Act (AFSPA), was passed on September 11, 1958, by the Parliament of India
. It conferred special powers upon armed forces in what the act calls "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.
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 the CRPF
. Continued unrest, like in the cases of militancy and insurgence, and especially when borders are threatened, are the armed forces resorted to.
By Act 7 of 1972, this power to declare areas as being disturbed was extended to the central government.
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 by local leaders which led to the armed forces' presence in the first place.
It gives Army officers legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. 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 .
The Act has been employed in the Indian administrated state of Jammu and Kashmir
since 1990. It was withdrawn by the Manipur government in some of the constituencies in August 2004 in spite of the Central government
not favouring withdrawal of the act.
In December 2006, responding to what he said were 'legitimate' grievances of the people of Manipur, 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, which is believed to have recommended the Act's repeal.
Violence has increased in the past two decades since enforcement of the Act. The state has created a "Gallantry Awards" pool for the arms forces which are awarded for elimination of insurgencies and conduction of operations. The term 'encounters' is used by the security forces to describe confrontations where it is deemed appropriate, under the provisions of the act, to employ violence.
Protests began in Kashmir valley on Sep 10, 2010, on the occasion of Eid and turned violent on Sep 11, the anniversary of the controversial act. Indian Goverenment is considering partial withdrawal of the act.
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 advis[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. However, the government failed to take any concrete action on the recommendations even after almost a year and a half. The then Defence Minister Pranab Mukherjee
had rejected the withdrawal or significant dilution of the Act on the grounds that “it is not possible for the armed forces to function” in “disturbed areas” without such powers.
The 147-page report recommends, "The Armed Forces (Special Powers) Act, 1958, should be repealed." During the course of its work, the committee members met several individuals, organisations, parties, institutions and NGOs, which resulted in the report stating that "the Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high handedness." The report clearly stated that "It is highly desirable and advisable to repeal the Act altogether, without of course, losing sight of the overwhelming desire of an overwhelming majority of the [North East] region that the Army should remain (though the Act should go)."
But activists say the Reddy panel despite its recommendation for the 'repeal of the Act' has nothing substantial for the people. The report recommends the incorporation of AFSPA in the Unlawful Activities (Prevention) Act, 1967, which will be operable all over India.
On November 2, 2000, ten people were killed when a paramilitary force opened fire at a bus-stop near Malom in Manipur. Most of those killed were women and students. The firing was followed by a brutal combat operation also. A young lady, too shocked at the anarchical act of the state agencies, decided to begin a fast unto death demanding the repeal of the Act responsible for such brutality on the part of the state – the Armed Forces (Special Powers) Act, 1958. Thus began the fight of Irom Sharmila Chanu, the Iron Lady from Manipur whose fast completed 10 years this year.
The troops of 8th Assam Rifles were deployed in Malom to counter the ‘insurgent’ attack in the area. Those killed at the Malom massacre were L Sana Devi (60), G Bap Sharma (50), O Sanayaima (50), K Bijoy (35) A Raghumani (34), S Robinson Singh (27), Ksh Inaocha (23), T Shantikumar (19), S Prakash Singh (18) and S Chandramani (17).
Though Sharmila began her marathon fast in protest, the investigation into the Malom massacre has still not yet been completed even after 10 years. Following a directive of the Gauhati High Court, Imphal Bench, in 2004 and 2005, the District and Session’s Judge is conducting an enquiry into the incident. On January 7, 2010, a team of the court led by Th Surbala, the District and Session’s Judge, Manipur East, conducted a spot inquiry at Malom and investigation is on into the facts and circumstances leading to the firing incidents.
Since November 2, 2000, Sharmila has been arrested under section 309 of IPC which punishes attempted suicide by a one-year imprisonment. She is released every year to be arrested again. A compartment in the Jawaharlal Nehru Hospital has become her virtual nest, where the poet in Sharmila pens her verses. She turned down many requests to end her fast and expressed her firmness to continue her fast till the Act is repealed. She has been awarded with many laurels for her nonviolent contribution towards the human rights movement in north east India.
In a telephonic interview Sharmila’s brother Singhajit shared his memories of his sister’s childhood. He said, ‘Up to 10 years she was somewhat different from other children. She was a pure vegetarian. After passing class X, she started a training of yoga, nature cure and the holy Gita. She had only three-four friends. She liked to be alone listening to the radio, writing poems, shorthand writing etc. She was different. In October 2000, retired Justice Suresh from Bombay lead a commission and inquired about the Armed Forces Special Powers Act. Sharmila attended it as an individual activist. It was completed on 25th October, 2000. The Malom massacre took place on November 2. Ten people were killed near the airport in Malom. Sharmila began her fast after hearing the sound of the massacre on that Thursday. She informed some of her friends about her fast and then went to her mother to ask her permission for the fast. Mother gave her blessings and asked Sharmila to do whatever she could. She spent the night with her friends. On 5th, she went to the Malom Massacre site and sat there continuing her fast. In the early morning on 6th November, police arrested her and kept her in the custody. On November 11, 2000, I went to Sajowa jail and told her that we would fight together but she should give up her fasting. She replied, ‘Please come to encourage me and don’t come to discourage me’. At that moment, I promised her that I will be with her in her struggle. After returning from the jail, I resigned my job as an agriculture officer in a leading NGO called Citizen’s Volunteer Training Centre where I was drawing a handsome salary. I resigned to devote my time for Sharmila’s struggle and since then I am with her.’
When asked about the reaction of the state agencies when Sharmila decided to fast, Singhajit informed that the family members were threatened by the state agencies and were urged to sign in a letter for handing over Sharmila to the family. ‘But we believe that since Sharmila started her fast she is no more my sister, rather she is the sister of whole Manipur. We cannot sign in any paper asking to hand her over to our family’ he said.
Singhajit was emotional to answer his mother’s reaction over the whole incident. He said, ‘Our mother said that she feels happy when she gets the news about Sharmila’s achievement. But she feels sad whenever she remembers about her daughter. She passes several nights in tears. She believes that she will die after Sharmila’s death. This is her wish. She requested before the media that the central and state governments may decide to withdraw the AFSPA for at least 10 days so that she can meet her daughter before her death. Since Sharmila started her fast, the mother and daughter have never met as meeting may discourage Sharmila from continuing her struggle. Until and unless the mission is accomplished, the mother and daughter will never meet.’
Sharmila was honoured by the prestigious Gwangju Prize for Human Rights in 2007 by the May 18 Memorial Foundation in South Korea. The Prize was instituted to celebrate the spirit of the May 18 Gwangju Uprising by recognizing individuals, groups or institutions in Korea and abroad that have contributed in promoting and advancing human rights, democracy and peace in their work. In September this year, she was awarded the Rabindranath Tagore Peace award carrying Rs 51 lakhs, a gold medal and a citation. The Prize was presented to Sharmila by the Indian Institute of Planning and Management (IIPM) on September 11 at the JN Hospital.
To mark the completion of 10 years of Sharmila’s fast, the Just Peace Foundation (JPF), Manipur, has organized several programmes in Imphal under the name the Festival of Hope, Justice and Peace which will be held from 2 to 6 November 2010, in Imphal, Manipur. JPF informed that the Festival of Hope, Justice and Peace will be a celebration of the indefatigable spirit of humanity; a celebration of peace, justice and harmony; a celebration of the traditions and cultures of the North-east and its people; and a celebration of the Peoples’ Movement that has been going on for the last ten yea
, 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."
The Attorney General of India responded that the AFSPA is a necessary measure to prevent the secession of the North Eastern states. He said that a response to this agitation for secession in the North East had to be done on a "war footing." He argued that the Indian Constitution, in Article 355, made it the duty of the Central Government to protect the states from internal disturbance, and that there is no duty under international law to allow secession.
as a "tool of state abuse, oppression and discrimination".
The South Asian Human Rights Documentation Centre
argues that the governments' call for increased force is part of the problem.
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. The report states that residents believe that the provision for immunity of security forces urge them to act more brutally. The article, however, goes on to say that repeal or withering away of the act will encourage insurgency.
In addition to this, there have been claims of disappearances by the police or the army in Kashmir by several human rights organizations.
Many human rights organizations such as Amnesty International
and the Human Rights Watch
(HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances", and torture; 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 the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order.".
The act has been cricised by many non governmental organisations and human rights activists. In J&K only, hundreds of people have been killed by security forces. Many cases of fake killings, binded labors, rapes and other atrocities have come in light.
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.
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.
Earlier leaks had also stated that International Committee of the Red Cross
(ICRC) had reported to the United States diplomats in Delhi
about 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.
Irom Sharmila Chanu (born March 14, 1972), also known as the "Iron Lady of Manipur" or "Menghoubi" ("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 India's northeast.[2] Having refused food and water for more than 500 weeks, she has been called "the world's longest hunger striker".
On November 2, 2000, ten people were killed when a paramilitary force opened fire at a bus-stop near Malom in Manipur. Most of those killed were women and students. The firing was followed by a brutal combat operation also. A young lady, too shocked at the anarchical act of the state agencies, decided to begin a fast unto death demanding the repeal of the Act responsible for such brutality on the part of the state – the Armed Forces (Special Powers) Act, 1958. Thus began the fight of Irom Sharmila Chanu, the Iron Lady from Manipur whose fast completed 10 years this year.
The troops of 8th Assam Rifles were deployed in Malom to counter the ‘insurgent’ attack in the area. Those killed at the Malom massacre were L Sana Devi (60), G Bap Sharma (50), O Sanayaima (50), K Bijoy (35) A Raghumani (34), S Robinson Singh (27), Ksh Inaocha (23), T Shantikumar (19), S Prakash Singh (18) and S Chandramani (17).
Though Sharmila began her marathon fast in protest, the investigation into the Malom massacre has still not yet been completed even after 10 years. Following a directive of the Gauhati High Court, Imphal Bench, in 2004 and 2005, the District and Session’s Judge is conducting an enquiry into the incident. On January 7, 2010, a team of the court led by Th Surbala, the District and Session’s Judge, Manipur East, conducted a spot inquiry at Malom and investigation is on into the facts and circumstances leading to the firing incidents.
Since November 2, 2000, Sharmila has been arrested under section 309 of IPC which punishes attempted suicide by a one-year imprisonment. She is released every year to be arrested again. A compartment in the Jawaharlal Nehru Hospital has become her virtual nest, where the poet in Sharmila pens her verses. She turned down many requests to end her fast and expressed her firmness to continue her fast till the Act is repealed. She has been awarded with many laurels for her nonviolent contribution towards the human rights movement in north east India.
In a telephonic interview Sharmila’s brother Singhajit shared his memories of his sister’s childhood. He said, ‘Up to 10 years she was somewhat different from other children. She was a pure vegetarian. After passing class X, she started a training of yoga, nature cure and the holy Gita. She had only three-four friends. She liked to be alone listening to the radio, writing poems, shorthand writing etc. She was different. In October 2000, retired Justice Suresh from Bombay lead a commission and inquired about the Armed Forces Special Powers Act. Sharmila attended it as an individual activist. It was completed on 25th October, 2000. The Malom massacre took place on November 2. Ten people were killed near the airport in Malom. Sharmila began her fast after hearing the sound of the massacre on that Thursday. She informed some of her friends about her fast and then went to her mother to ask her permission for the fast. Mother gave her blessings and asked Sharmila to do whatever she could. She spent the night with her friends. On 5th, she went to the Malom Massacre site and sat there continuing her fast. In the early morning on 6th November, police arrested her and kept her in the custody. On November 11, 2000, I went to Sajowa jail and told her that we would fight together but she should give up her fasting. She replied, ‘Please come to encourage me and don’t come to discourage me’. At that moment, I promised her that I will be with her in her struggle. After returning from the jail, I resigned my job as an agriculture officer in a leading NGO called Citizen’s Volunteer Training Centre where I was drawing a handsome salary. I resigned to devote my time for Sharmila’s struggle and since then I am with her.’
When asked about the reaction of the state agencies when Sharmila decided to fast, Singhajit informed that the family members were threatened by the state agencies and were urged to sign in a letter for handing over Sharmila to the family. ‘But we believe that since Sharmila started her fast she is no more my sister, rather she is the sister of whole Manipur. We cannot sign in any paper asking to hand her over to our family’ he said.
Singhajit was emotional to answer his mother’s reaction over the whole incident. He said, ‘Our mother said that she feels happy when she gets the news about Sharmila’s achievement. But she feels sad whenever she remembers about her daughter. She passes several nights in tears. She believes that she will die after Sharmila’s death. This is her wish. She requested before the media that the central and state governments may decide to withdraw the AFSPA for at least 10 days so that she can meet her daughter before her death. Since Sharmila started her fast, the mother and daughter have never met as meeting may discourage Sharmila from continuing her struggle. Until and unless the mission is accomplished, the mother and daughter will never meet.’
Sharmila was honoured by the prestigious Gwangju Prize for Human Rights in 2007 by the May 18 Memorial Foundation in South Korea. The Prize was instituted to celebrate the spirit of the May 18 Gwangju Uprising by recognizing individuals, groups or institutions in Korea and abroad that have contributed in promoting and advancing human rights, democracy and peace in their work. In September this year, she was awarded the Rabindranath Tagore Peace award carrying Rs 51 lakhs, a gold medal and a citation. The Prize was presented to Sharmila by the Indian Institute of Planning and Management (IIPM) on September 11 at the JN Hospital.
To mark the completion of 10 years of Sharmila’s fast, the Just Peace Foundation (JPF), Manipur, has organized several programmes in Imphal under the name the Festival of Hope, Justice and Peace which will be held from 2 to 6 November 2010, in Imphal, Manipur. JPF informed that the Festival of Hope, Justice and Peace will be a celebration of the indefatigable spirit of humanity; a celebration of peace, justice and harmony; a celebration of the traditions and cultures of the North-east and its people; and a celebration of the Peoples’ Movement that has been going on for the last ten yea
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
. It conferred special powers upon armed forces in what the act calls "disturbed areas" in the states of Arunachal Pradesh
Arunachal Pradesh
Arunachal Pradesh is a state of India, located in the far northeast. It borders the states of Assam and Nagaland to the south, and shares international borders with Burma in the east, Bhutan in the west, and the People's Republic of China in the north. The majority of the territory is claimed by...
, Assam
Assam
Assam , also, rarely, Assam Valley and formerly the Assam Province , is a northeastern state of India and is one of the most culturally and geographically distinct regions of the country...
, Manipur
Manipur
Manipur is a state in northeastern India, with the city of Imphal as its capital. Manipur is bounded by the Indian states of Nagaland to the north, Mizoram to the south and Assam to the west; it also borders Burma to the east. It covers an area of...
, Meghalaya
Meghalaya
Meghalaya is a state in north-eastern India. The word "Meghalaya" literally means the Abode of Clouds in Sanskrit and other Indic languages. Meghalaya is a hilly strip in the eastern part of the country about 300 km long and 100 km wide, with a total area of about 8,700 sq mi . The...
, Mizoram
Mizoram
Mizoram is one of the Seven Sister States in North Eastern India, sharing borders with the states of Tripura, Assam, Manipur and with the neighbouring countries of Bangladesh and Burma. Mizoram became the 23rd state of India on 20 February 1987. Its capital is Aizawl. Mizoram is located in the...
, Nagaland
Nagaland
Nagaland is a state in the far north-eastern part of India. It borders the state of Assam to the west, Arunachal Pradesh and part of Assam to the north, Burma to the east and Manipur to the south. The state capital is Kohima, and the largest city is Dimapur...
and Tripura
Tripura
Tripura is a state in North-East India, with an area of . It is the third smallest state of India, according to area. Tripura is surrounded by Bangladesh on the north, south, and west. The Indian states of Assam and Mizoram lie to the east. The capital is Agartala and the main languages spoken are...
. It was later extended to Jammu and Kashmir as The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in July 1990.
The Act
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 the CRPF
Central Reserve Police Force
The Central Reserve Police Force also known as CRPF is the largest of India's Central Armed Police Forces. It functions under the aegis of Ministry of Home Affairs of the Government of India. The CRPF's primary role lies in assisting the State/Union Territories in police operations to maintain...
. Continued unrest, like in the cases of militancy and insurgence, and especially when borders are threatened, are the armed forces resorted to.
By Act 7 of 1972, this power to declare areas as being disturbed was extended to the central government.
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 by local leaders which led to the armed forces' presence in the first place.
Constitutionality and other issues
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:- "Fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law" against "assembly of five or more persons" or possession of deadly weapons.
- To arrest without a warrant and with the use of "necessary" force anyone who has committed certain offenses or is suspected of having done so
- To enter and search any premise in order to make such arrests.
It gives Army officers legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. 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 .
The Act has been employed in the Indian administrated state of Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
since 1990. It was withdrawn by the Manipur government in some of the constituencies in August 2004 in spite of the Central government
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
not favouring withdrawal of the act.
In December 2006, responding to what he said were 'legitimate' grievances of the people of Manipur, Prime Minister Manmohan Singh
Manmohan Singh
Manmohan Singh is the 13th and current Prime Minister of India. He is the only Prime Minister since Jawaharlal Nehru to return to power after completing a full five-year term. A Sikh, he is the first non-Hindu to occupy the office. Singh is also the 7th Prime Minister belonging to the Indian...
declared that the Act would be amended to ensure it was 'humane' on the basis of the Jeevan Reddy Commission's report, which is believed to have recommended the Act's repeal.
Violence has increased in the past two decades since enforcement of the Act. The state has created a "Gallantry Awards" pool for the arms forces which are awarded for elimination of insurgencies and conduction of operations. The term 'encounters' is used by the security forces to describe confrontations where it is deemed appropriate, under the provisions of the act, to employ violence.
Protests began in Kashmir valley on Sep 10, 2010, on the occasion of Eid and turned violent on Sep 11, the anniversary of the controversial act. Indian Goverenment is considering partial withdrawal of the act.
The Jeevan Reddy Commission
In 2004, in the wake of intense agitation that was launched by several civil society groups following the death of Thangjam Manorama, while in the custody of the Assam RiflesAssam Rifles
The Assam Rifles are one of the Paramilitary forces of India. The unit can trace its lineage back to a paramilitary police force that was formed under the British in 1835 called Cachar Levy. Since then the Assam Rifles have undergone a number of name changes before the name Assam Rifles was finally...
and the indefinite fast undertaken by Irom Sharmila, Union Home Minister Shivraj Patil
Shivraj Patil
Shivraj Vishwanath Patil is an Indian politician and current state Punjab governor and the Administrator of Union Territory of Chandigarh. Previously he had been the Speaker of the 11th Lok Sabha and served the Manmohan Singh cabinet as the Union Minister of Home Affairs...
visited Manipur and reviewed the situation with the concerned state authorities. In the same year, Prime Minister, Manmohan Singh
Manmohan Singh
Manmohan Singh is the 13th and current Prime Minister of India. He is the only Prime Minister since Jawaharlal Nehru to return to power after completing a full five-year term. A Sikh, he is the first non-Hindu to occupy the office. Singh is also the 7th Prime Minister belonging to the Indian...
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
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
. The panel was given the mandate of "review[ing] the provisions of AFSPA and advis[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. However, the government failed to take any concrete action on the recommendations even after almost a year and a half. The then Defence Minister Pranab Mukherjee
Pranab Mukherjee
Pranab Kumar Mukherjee is the current Finance Minister of India and leader of the current Lok Sabha.Mukherjee is a senior member of the Cabinet Committees on Economic Affairs, Infrastructure, Parliamentary Affairs, Political Affairs, Prices, Security, Unique Identification Authority of India,...
had rejected the withdrawal or significant dilution of the Act on the grounds that “it is not possible for the armed forces to function” in “disturbed areas” without such powers.
The 147-page report recommends, "The Armed Forces (Special Powers) Act, 1958, should be repealed." During the course of its work, the committee members met several individuals, organisations, parties, institutions and NGOs, which resulted in the report stating that "the Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high handedness." The report clearly stated that "It is highly desirable and advisable to repeal the Act altogether, without of course, losing sight of the overwhelming desire of an overwhelming majority of the [North East] region that the Army should remain (though the Act should go)."
But activists say the Reddy panel despite its recommendation for the 'repeal of the Act' has nothing substantial for the people. The report recommends the incorporation of AFSPA in the Unlawful Activities (Prevention) Act, 1967, which will be operable all over India.
On November 2, 2000, ten people were killed when a paramilitary force opened fire at a bus-stop near Malom in Manipur. Most of those killed were women and students. The firing was followed by a brutal combat operation also. A young lady, too shocked at the anarchical act of the state agencies, decided to begin a fast unto death demanding the repeal of the Act responsible for such brutality on the part of the state – the Armed Forces (Special Powers) Act, 1958. Thus began the fight of Irom Sharmila Chanu, the Iron Lady from Manipur whose fast completed 10 years this year.
The troops of 8th Assam Rifles were deployed in Malom to counter the ‘insurgent’ attack in the area. Those killed at the Malom massacre were L Sana Devi (60), G Bap Sharma (50), O Sanayaima (50), K Bijoy (35) A Raghumani (34), S Robinson Singh (27), Ksh Inaocha (23), T Shantikumar (19), S Prakash Singh (18) and S Chandramani (17).
Though Sharmila began her marathon fast in protest, the investigation into the Malom massacre has still not yet been completed even after 10 years. Following a directive of the Gauhati High Court, Imphal Bench, in 2004 and 2005, the District and Session’s Judge is conducting an enquiry into the incident. On January 7, 2010, a team of the court led by Th Surbala, the District and Session’s Judge, Manipur East, conducted a spot inquiry at Malom and investigation is on into the facts and circumstances leading to the firing incidents.
Since November 2, 2000, Sharmila has been arrested under section 309 of IPC which punishes attempted suicide by a one-year imprisonment. She is released every year to be arrested again. A compartment in the Jawaharlal Nehru Hospital has become her virtual nest, where the poet in Sharmila pens her verses. She turned down many requests to end her fast and expressed her firmness to continue her fast till the Act is repealed. She has been awarded with many laurels for her nonviolent contribution towards the human rights movement in north east India.
In a telephonic interview Sharmila’s brother Singhajit shared his memories of his sister’s childhood. He said, ‘Up to 10 years she was somewhat different from other children. She was a pure vegetarian. After passing class X, she started a training of yoga, nature cure and the holy Gita. She had only three-four friends. She liked to be alone listening to the radio, writing poems, shorthand writing etc. She was different. In October 2000, retired Justice Suresh from Bombay lead a commission and inquired about the Armed Forces Special Powers Act. Sharmila attended it as an individual activist. It was completed on 25th October, 2000. The Malom massacre took place on November 2. Ten people were killed near the airport in Malom. Sharmila began her fast after hearing the sound of the massacre on that Thursday. She informed some of her friends about her fast and then went to her mother to ask her permission for the fast. Mother gave her blessings and asked Sharmila to do whatever she could. She spent the night with her friends. On 5th, she went to the Malom Massacre site and sat there continuing her fast. In the early morning on 6th November, police arrested her and kept her in the custody. On November 11, 2000, I went to Sajowa jail and told her that we would fight together but she should give up her fasting. She replied, ‘Please come to encourage me and don’t come to discourage me’. At that moment, I promised her that I will be with her in her struggle. After returning from the jail, I resigned my job as an agriculture officer in a leading NGO called Citizen’s Volunteer Training Centre where I was drawing a handsome salary. I resigned to devote my time for Sharmila’s struggle and since then I am with her.’
When asked about the reaction of the state agencies when Sharmila decided to fast, Singhajit informed that the family members were threatened by the state agencies and were urged to sign in a letter for handing over Sharmila to the family. ‘But we believe that since Sharmila started her fast she is no more my sister, rather she is the sister of whole Manipur. We cannot sign in any paper asking to hand her over to our family’ he said.
Singhajit was emotional to answer his mother’s reaction over the whole incident. He said, ‘Our mother said that she feels happy when she gets the news about Sharmila’s achievement. But she feels sad whenever she remembers about her daughter. She passes several nights in tears. She believes that she will die after Sharmila’s death. This is her wish. She requested before the media that the central and state governments may decide to withdraw the AFSPA for at least 10 days so that she can meet her daughter before her death. Since Sharmila started her fast, the mother and daughter have never met as meeting may discourage Sharmila from continuing her struggle. Until and unless the mission is accomplished, the mother and daughter will never meet.’
Sharmila was honoured by the prestigious Gwangju Prize for Human Rights in 2007 by the May 18 Memorial Foundation in South Korea. The Prize was instituted to celebrate the spirit of the May 18 Gwangju Uprising by recognizing individuals, groups or institutions in Korea and abroad that have contributed in promoting and advancing human rights, democracy and peace in their work. In September this year, she was awarded the Rabindranath Tagore Peace award carrying Rs 51 lakhs, a gold medal and a citation. The Prize was presented to Sharmila by the Indian Institute of Planning and Management (IIPM) on September 11 at the JN Hospital.
To mark the completion of 10 years of Sharmila’s fast, the Just Peace Foundation (JPF), Manipur, has organized several programmes in Imphal under the name the Festival of Hope, Justice and Peace which will be held from 2 to 6 November 2010, in Imphal, Manipur. JPF informed that the Festival of Hope, Justice and Peace will be a celebration of the indefatigable spirit of humanity; a celebration of peace, justice and harmony; a celebration of the traditions and cultures of the North-east and its people; and a celebration of the Peoples’ Movement that has been going on for the last ten yea
United Nations view
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 RightsInternational Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
, ICCPR. On 23 March 2009, UN Commissioner for Human Rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
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."
The Attorney General of India responded that the AFSPA is a necessary measure to prevent the secession of the North Eastern states. He said that a response to this agitation for secession in the North East had to be done on a "war footing." He argued that the Indian Constitution, in Article 355, made it the duty of the Central Government to protect the states from internal disturbance, and that there is no duty under international law to allow secession.
Non-governmental organizations' analysis
The act has been criticized by Human Rights WatchHuman Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
as a "tool of state abuse, oppression and discrimination".
The South Asian Human Rights Documentation Centre
Human Rights Documentation Centre
The Human Rights Documentation Centre based in Delhi, India is a non-governmental organization supporting human rights. It has a sister organisation, the South Asia Human Rights Documentation Centre with which it publishes a journal Human Rights Features .-External links:* *...
argues that the governments' call for increased force is part of the problem.
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. The report states that residents believe that the provision for immunity of security forces urge them to act more brutally. The article, however, goes on to say that repeal or withering away of the act will encourage insurgency.
In addition to this, there have been claims of disappearances by the police or the army in Kashmir by several human rights organizations.
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
and the Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
(HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances", and torture; 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 the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order.".
The act has been cricised by many non governmental organisations and human rights activists. In J&K only, hundreds of people have been killed by security forces. Many cases of fake killings, binded labors, rapes and other atrocities have come in light.
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
The WikileaksWikileaks
WikiLeaks is an international self-described not-for-profit organisation that publishes submissions of private, secret, and classified media from anonymous news sources, news leaks, and whistleblowers. Its website, launched in 2006 under The Sunshine Press organisation, claimed a database of more...
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
Assam Rifles
The Assam Rifles are one of the Paramilitary forces of India. The unit can trace its lineage back to a paramilitary police force that was formed under the British in 1835 called Cachar Levy. Since then the Assam Rifles have undergone a number of name changes before the name Assam Rifles was finally...
in particular are perpetrators of violations in Manipur
Manipur
Manipur is a state in northeastern India, with the city of Imphal as its capital. Manipur is bounded by the Indian states of Nagaland to the north, Mizoram to the south and Assam to the west; it also borders Burma to the east. It covers an area of...
which the very same cables described as a state that appeared more of a colony and less of an Indian state.
Earlier leaks had also stated that International Committee of the Red Cross
International Committee of the Red Cross
The International Committee of the Red Cross is a private humanitarian institution based in Geneva, Switzerland. States parties to the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005, have given the ICRC a mandate to protect the victims of international and...
(ICRC) had reported to the United States diplomats in Delhi
Delhi
Delhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
about the grave human rights situation in Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
which included the use of electrocution, beatings and sexual humiliation against hundreds of detainees. This act is in force in Kashmir since 1990.
See also
- Armed Forces ActArmed Forces ActArmed Forces Act is a stock short title used for legislation in the United Kingdom and India relating to the armed forces....
- Irom Sharmila Chanu
- Thangjam ManoramaThangjam ManoramaThangjam Manoroma was the custodial rape victim of Manipur, who was brutally murdered by the armed forces of 17, Assam Rifles stationed in Manipur.-Rape and Murder :...
Irom Sharmila Chanu (born March 14, 1972), also known as the "Iron Lady of Manipur" or "Menghoubi" ("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 India's northeast.[2] Having refused food and water for more than 500 weeks, she has been called "the world's longest hunger striker".
On November 2, 2000, ten people were killed when a paramilitary force opened fire at a bus-stop near Malom in Manipur. Most of those killed were women and students. The firing was followed by a brutal combat operation also. A young lady, too shocked at the anarchical act of the state agencies, decided to begin a fast unto death demanding the repeal of the Act responsible for such brutality on the part of the state – the Armed Forces (Special Powers) Act, 1958. Thus began the fight of Irom Sharmila Chanu, the Iron Lady from Manipur whose fast completed 10 years this year.
The troops of 8th Assam Rifles were deployed in Malom to counter the ‘insurgent’ attack in the area. Those killed at the Malom massacre were L Sana Devi (60), G Bap Sharma (50), O Sanayaima (50), K Bijoy (35) A Raghumani (34), S Robinson Singh (27), Ksh Inaocha (23), T Shantikumar (19), S Prakash Singh (18) and S Chandramani (17).
Though Sharmila began her marathon fast in protest, the investigation into the Malom massacre has still not yet been completed even after 10 years. Following a directive of the Gauhati High Court, Imphal Bench, in 2004 and 2005, the District and Session’s Judge is conducting an enquiry into the incident. On January 7, 2010, a team of the court led by Th Surbala, the District and Session’s Judge, Manipur East, conducted a spot inquiry at Malom and investigation is on into the facts and circumstances leading to the firing incidents.
Since November 2, 2000, Sharmila has been arrested under section 309 of IPC which punishes attempted suicide by a one-year imprisonment. She is released every year to be arrested again. A compartment in the Jawaharlal Nehru Hospital has become her virtual nest, where the poet in Sharmila pens her verses. She turned down many requests to end her fast and expressed her firmness to continue her fast till the Act is repealed. She has been awarded with many laurels for her nonviolent contribution towards the human rights movement in north east India.
In a telephonic interview Sharmila’s brother Singhajit shared his memories of his sister’s childhood. He said, ‘Up to 10 years she was somewhat different from other children. She was a pure vegetarian. After passing class X, she started a training of yoga, nature cure and the holy Gita. She had only three-four friends. She liked to be alone listening to the radio, writing poems, shorthand writing etc. She was different. In October 2000, retired Justice Suresh from Bombay lead a commission and inquired about the Armed Forces Special Powers Act. Sharmila attended it as an individual activist. It was completed on 25th October, 2000. The Malom massacre took place on November 2. Ten people were killed near the airport in Malom. Sharmila began her fast after hearing the sound of the massacre on that Thursday. She informed some of her friends about her fast and then went to her mother to ask her permission for the fast. Mother gave her blessings and asked Sharmila to do whatever she could. She spent the night with her friends. On 5th, she went to the Malom Massacre site and sat there continuing her fast. In the early morning on 6th November, police arrested her and kept her in the custody. On November 11, 2000, I went to Sajowa jail and told her that we would fight together but she should give up her fasting. She replied, ‘Please come to encourage me and don’t come to discourage me’. At that moment, I promised her that I will be with her in her struggle. After returning from the jail, I resigned my job as an agriculture officer in a leading NGO called Citizen’s Volunteer Training Centre where I was drawing a handsome salary. I resigned to devote my time for Sharmila’s struggle and since then I am with her.’
When asked about the reaction of the state agencies when Sharmila decided to fast, Singhajit informed that the family members were threatened by the state agencies and were urged to sign in a letter for handing over Sharmila to the family. ‘But we believe that since Sharmila started her fast she is no more my sister, rather she is the sister of whole Manipur. We cannot sign in any paper asking to hand her over to our family’ he said.
Singhajit was emotional to answer his mother’s reaction over the whole incident. He said, ‘Our mother said that she feels happy when she gets the news about Sharmila’s achievement. But she feels sad whenever she remembers about her daughter. She passes several nights in tears. She believes that she will die after Sharmila’s death. This is her wish. She requested before the media that the central and state governments may decide to withdraw the AFSPA for at least 10 days so that she can meet her daughter before her death. Since Sharmila started her fast, the mother and daughter have never met as meeting may discourage Sharmila from continuing her struggle. Until and unless the mission is accomplished, the mother and daughter will never meet.’
Sharmila was honoured by the prestigious Gwangju Prize for Human Rights in 2007 by the May 18 Memorial Foundation in South Korea. The Prize was instituted to celebrate the spirit of the May 18 Gwangju Uprising by recognizing individuals, groups or institutions in Korea and abroad that have contributed in promoting and advancing human rights, democracy and peace in their work. In September this year, she was awarded the Rabindranath Tagore Peace award carrying Rs 51 lakhs, a gold medal and a citation. The Prize was presented to Sharmila by the Indian Institute of Planning and Management (IIPM) on September 11 at the JN Hospital.
To mark the completion of 10 years of Sharmila’s fast, the Just Peace Foundation (JPF), Manipur, has organized several programmes in Imphal under the name the Festival of Hope, Justice and Peace which will be held from 2 to 6 November 2010, in Imphal, Manipur. JPF informed that the Festival of Hope, Justice and Peace will be a celebration of the indefatigable spirit of humanity; a celebration of peace, justice and harmony; a celebration of the traditions and cultures of the North-east and its people; and a celebration of the Peoples’ Movement that has been going on for the last ten yea
External links
- Coverage on website of South Asia Human Rights Documentation Centre
- "Armed Forces Act to go from Imphal" - rediff.comRediff.comRediff.com India is a news, information, entertainment, and shopping portal. It was founded in 1996 as "Rediff On The NeT" and is headquartered in Mumbai, India with offices in New Delhi and New York City, USA....
article dated August 12, 2004 - Interview with Arundhati RoyArundhati RoyArundhati Roy is an Indian novelist. She won the Booker Prize in 1997 for her novel, The God of Small Things, and has also written two screenplays and several collections of essays...
on ManipurManipurManipur is a state in northeastern India, with the city of Imphal as its capital. Manipur is bounded by the Indian states of Nagaland to the north, Mizoram to the south and Assam to the west; it also borders Burma to the east. It covers an area of...
and the AFSPA, on Democracy Now