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Friday, 26 October 2012

AFSPA: Again in Disputes

Omar Abdullah
Chief Minister of Jammu and Kashmir said that provisions of Armed Forces Special Powers Act should be removed. The party of Abdullah demanded this previously as well but Central Government is not ready for it. Apart from Jammu and Kashmir, AFSPA had also been  in disputes in the seven states of northeast Manipur, Meghalaya, Arunachal Pradesh, Nagaland, Mijoram, Assam and Tripura. Under this law security agencies has several special powers and local public always blame them for the wrong use of their powers. Security agencies has the permission to fire, doesn't matter if anyone or any innocent get killed. The can arrest anyone, search anyone without any arrest or search warrant. The territories where this provision is active, local peoples always blame agencies for slaughtering their human rights. They said that agencies bother us in the name of peace and order. This is the only reason peoples are demanding to remove it but the Central Government says that it is essential because of terrorist activities.

Some Decision Must be Taken
Protest Against AFSPA
The law says AFSPA has unlimited rights without any responsibilities. Whenever they want they can shoot a group of peoples, doesn't matter that the group is of innocents. They aren't responsible for the death of any innocent anyone cannot file a case against them. If this law is essential in Jammu and Kashmir then it is also very essential that some correction should be done in the provisions of this law. The agency must be responsible for the killing innocents and slaughtering their rights.

Started from Assam and Manipur
AFSPA started from Assam and Manipur, when in 1958 under Armed Forces Special Powers Ordinance security forces got some special powers in some disturbed areas of both the states. 11th September 1958, Armed Forces Special Powers Act got his existence and it applied in the seven states of northeast. In Jammu and Kashmir it started in 1990. Central Government applied this law because of terrorist activities and tattered situation of law.

Human-rights Violation
Killing Innocents
Organizations like Amnesty International, Human Rights Watch and The South Asian Human Rights Documentation Centre countinuously blamed AFSPA for the wrong use of their rights.
They said that because of the freedom from all legal action the security forces just only bothers local peoples without any reason.
The states where this law is active, the cases of encounters, innocent killings etc. happens mostly.
Whereas Government says that this law is applied only for controlling national security and sovereignity.

Security forces or Executioner?
Primary provisions of AFSPA
1. In the name of peace and order they can shoot any person or group.

2. They can destroy anything where any types of weapons are hidden or where violent behavior are detected.

3. Without any solid evidence, on the basis of only doubt they can arrest anyone, search anywhere. They do not require any legal warrent for it.

4. No one can file any case against them. They are fully free to kill anyone and they will not responsible.

Jeevan Reddy Committee
BP Jeevan Reddy
After the death of Thangjam Manorama in 2004 in the custody of Security forces, Central Government constituted a 5 members committee in the Chairmanship of earlier Judge BP Jeevan Reddy.
The work of the committee is to  prepare a report about the essential changes in AFSPA.
In their report the committee gave their proposal to fully remove the AFSPA and apply Unlawful Activities Prevention Actin whole country in 1967 but the Government refuses this proposal.

United Nation and Supreme Court also Opposed 
United Nations Commission on Human Rights clearly said that this type of laws has no place in democracy and the Government of India should end this. They said that this law is the symbol of Barbarity and Colonialism. Supreme Court of India considered it as constitutional but questioned the legal immunity of security forces.
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