Palash Biswas
NDTV.com | Protests for Monika turn violent NDTV.com, India - He said they have also urged Manipur government to demand a White Paper from the Centre on the issue of dropping of Monica. Official sources said Manipur ... |
Calcutta Telegraph | Manipur flare-up over Monika exit Calcutta Telegraph, India - 7: Manipur today erupted over weightlifter Monika Devi's shock exit from the Olympics squad |
Manipur pronunciation (help·info) (mnipur in Meitei Mayek) is a state in northeastern India making its capital in the city of Imphal. Manipur is bounded by ... en.wikipedia. |
Billie Jean King
Goal.com | AFC Challenge Cup '08: Renedy: It Was A Team Effort Goal.com, Switzerland - The Manipur star mentioned that he and his colleagues had never thought of being 3-0 up mid-way through the first half against Tajikistan. ... |
Reuters India, India -
Lack of economic opportunities is also a key factor in the proliferation of militant groups - in Manipur alone, there are reportedly 30-odd militant groups ...
Zee News -
New Delhi, Aug 14: India on Thursday cautioned Pakistan that its comments on the developments in Jammu and Kashmir does not help create the "right type of atmosphere" to carry on the composite dialogue.
India warns Pakistan: Keep off J&K issue
Pranab Mukherjee
Only today, I was stunned to read a front page story in a National Daily written by a Guahati Editor. Based in North East, the prominent journalist pleads for Army Action against so called Bangladeshi Illegal Immigrants settled in the River island in Assam. Doing this, he shamelessly justifies the Armed Forces Special Act and advocates to execute the Act in all those areas in North East where it is not implemented. This journalist is known very colse to ULFA and he repents that ULFA activists are always killed in encounter and others spared! The gist is the encounter campaign should be implemented against others ,too!
This journalist does not belong to North East. But since he happens to be an editor in a Guahati based daily, he is expected to be aware of the sentiment of North East Indigenous people against the Military repression under AFPSA umbrella!
He belongs to the so called Main Land!
India rightly celebrates the first Olympic Gold for India. It is ,of course. a rare moment of Glory! May we expect the Manipuri people among us at this moment!
It said Monika's exit was an attempt by mainland India to suppress the people of Manipur and demanded another test!
Monika was stopped from going to Beijing on August 6 at the eleventh hour after she tested positive for an unspecified banned substance.
However, three days later she was cleared by the SAI of any wrong doing but the relief came too late for her to participate in the Olympics.
Recently, only on July 25 th July, I was a participant in a Media Mass Movement discourse organised by NAFRE People`s movement at Gandhi Darshan, Rajghat New Delhi!
The words pronounced by a Manipuri Activist haunt me every time! He asked, `We did everything! Our mothers stripped themselves before the Kangla Fort and challenged the Army to rape them! Nothing happened. AFPSA continues! Continues the repression! What should we do to communicate the mainstream people of India?'
I have friends in North East!
I have friends in Manipur!
I know them personally. They are opposed to the centre of repression! Thus, they ban Hindi. but in day to day life they communicate in Hindi. We must understand this! Hindi is quite popular in Manipur. But they have to oppose Hindi as the Ruling Class in India plays the Hindutva Politics of Hindi, Hindu , Hindustani!The Global ruling class uses the remote areas of North East for target practice and wargames! The North East Indigenous people are used as guinipigs!
But I feel the fire and smoke within from Kolkata! I know the people who seem to be as cool as dynamites are. Who may explode anytime and anywhere!
Feel Manipur from Singur Palash Biswas (Pl publish and send a copy. ... Imaginary Lines and Manipur Palash Biswas (Contact: c/o Mrs Arati Roy, Gosto Kanan, ... blogs.ibibo. |
Archives. July, 2008 (8) · June, 2008 (9) · May, 2008 (5) · January, 2008 (4) · December, 2007 (5) · November, 2007 (36) · October, 2007 (28) · September, ... o3.indiatimes. |
North East: Federalism concept rooted in self rule! | Palash ...
Contact: Palash C Biswas, C/O Mrs Arati Roy, Gosto Kanan, Sodepur, .... the formation of the "tribal conclave" in Manipur as a collective group to bargain ... indiainteracts. |
Marxists Have to Strike Deal Afresh on Gorkhaland while Ruling ...
6 Aug 2008 ... Palash Biswas. I visited Darjeeling a few years back in September, 2002. ... Manipuri, Gujrati and other nationality problems in India. ... mygorkhaland. |
Over the past decade, the little and beautiful state of Manipur has replaced the larger and even .... ramguha@vsnl. nandigramunited. |
palashbiswas
File Format: PDF/Adobe Acrobat - View as HTML 22 Nov 2006 ... (contact: Palash Biswas, c/o Mrs Arati Roy, Gosto Kanan, ..... Bhutan and Arunachal Pradesh, in the east by Nagaland and Manipur, in the ... www.lk.iwmi. |
Resistance
Monday, April 9, 2007. Palash Biswas Both feminism and nationalism in India emerged from the social reform movement of the C19th, it is widely believed. ... resistanceindia. |
Imaginary Lines and Manipur
Before being brought to the capital, she was being force-fed through a nasal tube at a government-run hospital in Imphal, Manipur's capital. ... palashbiswas.blog.co.uk/ |
Unhappy about Sports Authority of India's flip-flop over dope testing allegedly involving weightlifter Monika Devi, Sports Minister M S Gill today appointed former Chief Election Commissioner T S Krishnamurthy to inquire into all aspects of this matter.
Krishnamurthy has been asked to submit his report within a week, sources in the Sports Ministry said.
Gill, who returned here from Beijing early 13th August morning, discussed all aspects of "this unfortunate incident" with his Ministry officials, had a meeting with Monika and spoke to Manipur Chief Minister Okram Ibobi Singh over phone after which he ordered the inquiry "to know the precise truth".
The meeting between Gill and Monika lasted for 45 minutes.
Meanwhile, a general strike has been called in the north eastern states of the country by four different insurgent outfits on August 15 as a part of its boycott of the Independence Day of India.
While announcing that the general strike would be effective from 1 am of August 15 to 6 pm of the same day, a joint statement of the four insurgent groups, the Kamatapur Liberation Organsation, KLO, Manipur People's Liberation Front, MPLF, Tripura People's Democratic Front, TPDF and the United Liberation Front of Asom, ULFA today also appealed to the people of the region to extend support to them and make the boycott and general strike a complete success.
The underground outfits of the region have been boycotting the Independence Day with a general strike over the last many years as a part of symbolic expression of solidarity against Indian rule, the statement said.
The Indian state has been employing all means, particularly covert and state terrorism to intimidate the outfits and using massive military force to push the liberation forces into 'peace talks'.
But as anticipated, such 'peace talks' have not produced the desired results even after 10 years of negotiations as talks could not resolve the politico-military conflict in the region because it does not address the core issue of sovereignty and independence, it said. So some quarters are trying to sell the idea of 'talks with pre-conditions' as these quarters do not know the ulterior motive behind it, the statement said.
However, it further said unrelenting armed struggles along with unarmed struggles in the region had defeated all the evil designs to suppress the freedom struggle.
The statement while observing that the freedom struggle was receiving more and more acceptance, said that it was an encouraging to note the concept of interdependent unity and coexistence among the people of the region.
"This strength of ours needs to be consolidated to the maximum with all sincerity and earnestness," the joint statement said.
The joint coordinating committee formed in connection with the conspiracy to exclude international weightlifter L Monika from the ongoing Beijing Olympics has reaffirmed its call for a 24-hours general strike form 6 am of August 19 to protest against the discrimination by national level organisations and sports bodies.
The co-convenor of the coordinating committee, during a press conference held this evening at the Manipur Olympic Association office at Khuman Lampak main studium, mentioned that there will be no participation in any event or game organised at the national level by players from the state until justice is delivered in the case by the Central government.
He said it was unfortunate to announce a boycott of the players from the state who had already gone to participate in many national level regional championships, inter SAI championships and athletics events but the stand on the boycott by the committee would remain on these players and coaches unless there was satisfactory explanation from those concerned, the spokesman added.
The spokesman of the coordinating committee further mentioned that the committee had already completed mobilisations throughout the state to launch a state-wide protest by coordinating the local bodies and district level civil society organisations in the state.
The committee would conduct non violent agitations by holding dharnas and sit-in protests in the respective localities, he said.
The spokesman also mentioned that the stand of the state government regarding the issue was not satisfactory and it was necessary to take the issue directly to the people of the state.
The press conference of the joint coordinating committee was attended by representatives of the DESAM, AMSU, and various state level sports organisations.
The Telegraph, Kolkata reports:
Imphal, Aug. 13: That August 13 would be marked as a day of mourning was etched on the Manipuri calendar in 1891 when freedom fighter Bir Tikendrajit was hanged by the British.
That weightlifter Monika Devi was to perform on this very day at the Beijing Olympics suddenly made the anguish even more poignant.
For years, observing Patriot's Day on August 13 had become a ritual. The same floral tributes, speeches and functions.
An inexplicable ouster from the Olympics contingent and the day assumed a new meaning.
Unlike in past years, when only the Manipur government held a ceremonial function at Bir Tikendrajit park here, this year student organisations, social organisations and political parties joined the Patriot's Day programmes.
"People in Manipur are observing Patriots' Day today like never before. Maybe because of the injustice done to Monika. People are considering denial of the weightlifter from Beijing Olympics a form of repression," CPI state secretary Langol Iboyaima said.
Former minister N. Mangi Singh agreed. The day reminded people of the past struggle of the forefathers to defend Manipur and the Monika case has drummed up a sense of patriotism in the minds of the people, he said.
The day began with a ministerial team, led by chief minister Okram Ibobi Singh, paying floral tributes at Hijam Yaichampat, Tikendrajit's graveyard, and then at Thangal mandir. Ibobi Singh also opened an extended portion of the Bir Tikendrajit park in the morning.
The main function organised by state government was held at the park in the afternoon. At the programme, Governor Gurbachan Jagat and chief minister Ibobi Singh goaded the youths to follow the freedom fighter's ideals.
But Monika weighed heavy was on the minds of student leaders.
"New Delhi is trying to suppress the people of Manipur. The manner in which she was thrown out of the Indian contingent to the Olympics is a glaring example of the suppression of Manipuri people by the Indian government," P.C. Newton, adviser of the Democratic Students Alliance, Manipur, said at a function organised jointly by the alliance and the All Manipur Students Union at C.C. Higher Secondary School.
Former Thoubal district president of the All Manipur Students Union, M. Madhumangol, admitted that Patriots Day was "neglected" in the past by the people of Manipur. "We should observe the day every year to instil a sense of patriotism in young minds," he said.
http://www.telegrap
Defamation Angle
Source: IMPHAL FREE PRESS
Posted: 2008-08-14
The bitterness that the injustice done to weightlifter L Monika has left in the hearts of most in Manipur is unlikely to wash away for a long time, and rightly so too. But whatever be the resort, what's done cannot be undone. However, the redeeming power of justice and retribution must not be taken for granted. In this regard, it heartening that the Union government has conceded to the first demand of the agitating public and today instituted an inquiry into the affair to establish the truth behind what is now evidently a game of petty politics of regionalism. We hope the penalty awarded as per the law if guilt is established at the end of the probe is also proportionate to the offence committed. Second, as the saying goes, in public issues like this it is not enough that justice is done, but justice must also be seen as done, and emphatically too. Towards this end, it would be obligatory on the part of the Union government to meet the other demand by the aggrieved party and immediately take public cognizance of the circumstantial evidences that distinctly point to a possibility of serious miscarriage of justice in the case. It is true that Manipur, and indeed the entire Northeast is easily hurt, but this is because any slight or insensitivity on the part of the Centre towards it, opens up afresh old festering wounds, and the Centre needs to empathise with this.
But there are more reasons why the Monika issue should not be treated as trivial. Apart from unfairly making a promising athlete miss what is the dream of any athlete, it is also a serious case of defamation. Surprisingly, this angle has been least focused on by the media or public in the present controversy. The muck from the serious charge doping would have tarnished Monika's image beyond total redemption even if the charge is cleared. This is particularly so because the charge is on a person whose occupation makes it extremely plausible that she could have been guilty. Susceptibility of drugs use amongst weightlifters is something everybody is willing to believe or suspect as a distinct possibility. Her name is going to be, in fact is already, directly or indirectly associated with the use of banned performance enhancing drugs, even if it is just to say that she is innocent of the offence. Those in the advertising profession will know better how much this constant association of her name with doping is going to harm her image in the average mind. To elaborate with an example, to accuse any girl of being a prostitute is bad, but unless the charge is proven there will not be many who take it too seriously. Instead, all that comes through may be a slap on the accuser's face. But if a girl working in the hospitality department of a 5-star hotel doing round the clock shift duty, or an air-hostess keeping similar work schedule and spends most off duty hours in hotels away from home, were to be accused of sexual infidelity, and especially if the charge comes from the management, the mud is much more likely to stick even if she is perfectly innocent. The damage to her reputation would also outlive the proof of innocence. Monika's predicament is close to the latter scenario, but harsher, because her case is now in the public domain. If we were Monika's legal advisers, we would have suggested her to file a defamation suit against those who made this extremely grave and false charge against her and then as if in a fit of frivolity, withdrew it claiming she is clean. This is not laughing matter.
http://www.kanglaon
Amidst reports that weightlifter Monika Devi has been cleared of dope charges, the Indian Olympic Association (IOA) said on Saturday, 9th August2008, that it was too late for her to take part in the Beijing Olympics.
The Indian Weightlifting Federation instituted its own panel to hear the lifter from Manipur and cleared her participation, though, by then, the Indian Olympic Association (IOA0 had withdrawn her name from the entry list and there was no way of re-entering her after August 7.
''A top-ranking official in SAI is threatening and metally harassing me in order to remove me out of the Indian team and favouring another player,'' the lifter stated.
The weightlifter from Manipur, who missed the Olympics despite being cleared of doping charges, further expressed her frustration at not being able to participate at Beijing.
''I have been training hard for this Olympics since the last three years. I also gave several tests; and none of them were positive except for the sample collected in Pune,'' lamented Monika.
She added, ''the SAI must have manipulated my sample, otherwise how could other samples taken just about a fortnight later be negative? ''If I had tested positive, why was I allowed to continue in the Olympic camp for more than two months? Why did they announce the result just before I was due to leave for Beijing?'' Monika said she has no problem to undergo any test by an independent agency and is ready to accept punishment if found guilty.
Source: The Sangai Express
Imphal, August 07: Strongly protesting the exclusion of L Monika from the Olympic squad, the proscribed KCP has asked the officials of the Sports Authority of India (Manipur Centre) to resign from their posts as soon as possible and added that an indefinite ban on the administration of SAI (Manipur Centre) will be imposed from tomorrow (August 9).In a statement self styled chief project officer-cum-
http://www.e-
On August 6, two days ahead of the Olympics, she was pulled back and not allowed to leave for the Games with the Indian contingent just hours before they were to take their flight. She reportedly tested positive for banned steroids in a test conducted by the Sports Authority of India (SAI). Later, she was apparently given a clean chit but the entire incident remains shrouded in mystery.
A series of protests were followed by arrests but there is no looking back as far as Manipuri students in the Indian Capital are concerned. They gathered in large numbers in the Capital on Tuesday to protest against the way weightlifter Monika Devi's Olympic dream was ruined when she was preparing to leave for Beijing.
Meanwhile, By rallying behind weightlifter Monika Devi — who was stopped from leaving for the Beijing Olympics over a doping controversy — at a function to honour two freedom fighters from Manipur, BJP's prime ministerial candidate L K Advani on Wednesday reached out to the state, that has rarely figured on the BJP's radar.
The Manipur People's Party, MPP has said that the removal of Monika from the squad was part of a conspiracy by the Indian Olympic Association, Sports Authority of India and the Central government.
Speaking at a press conference, president Dr L Chandramani lauded the courage of Monika who challenged the director of SAI and officials of the Indian Olympic Association on the undue treatment given to her.
He also said that this was not the first case of discrimination against Manipuri players.
As all the five dope tests conducted on Monika were found negative before confirmation of her selection to represent India, the last minute positive doping test was certainly a manipulated one, he asserted adding that this was a game plan to send weightlifter Shailaja of Andhra Pradesh.
MLA Ng Bijoy who also spoke at the press conference insisted that even if the Central government does not sent her to the Olympics, she should be sent to Beijing by the people of the state.
He also said that the state chief minister, O Ibobi Singh and other politicians of the state should fly to Delhi and look into the matter directly.
O Joy Singh, MLA also said that the incident was shocking not only for the people of the state but also for the sports lovers of India as well as the world.
He also informed that the MPP had lodged a complaint with the concerned authorities to look into the matter.
RK Anand, MLA demanded that the sports minister, N Biren should go to Beijing with Monika and allow her to participate in the competition.
The BJP, Manipur state unit while condemning the removal of Monika from the Indian squad said that it was not a good example and the unit took it seriously. Those involved in the conspiracy should be punished, it demanded.
Amrik Singh Pahwa, a social worker from Imphal also said in a statement that the executive committee of the Imphal bazar board met today and discussed the doping test of Monika which had shocked all communities as well as sportspersons.
Pahwa also said that he had contacted the Union sports secretary Sudhir Nath, joint secretary sports Sriniwas as well as cheif of the national dope testing laboratory, New Delhi and conveyed the sentiments of the people here.
He also spoke to former state chief secretary Jarnail Singh and MS Gill and urged for necessary action in the controversial dope test issue.
Shock on the controversial test result and condemnation of the dropping of the lone representative from India in weightlifting at the Beijing Games also came from various students bodies like the All India Students Federation, AISF, Manipuri Students' Federation, MSF, and Kangleipak Students' Association.
The North East Dialogue Forum in a statement said that the test might not have been carried out properly while observing that the decision of SAI director RK Naidu had insulted the people of the north east in general and the people of Manipur in particular.
The Centre For Social Development, Palace Compound, Women Action for Development, Nongmeibung, Chanura Lamjinglel Kangleipak, Imphal, MEELAL, Kanglei Apunba Yaipha Lup, Manipur, All Manipur Nupi Marup, Irawat complex, Manipur Tug-of-War Association and Thangmeiband Uripok Club Organisation also strongly condemned the disgraceful manner in which the sports authorities had treated Monika.
In the meantime, a join representation of the DESAM, AMSU, All Manipur Body Building Association, AMBBA, SAI, Manipur Women Hockey Association, SAI NERC, YWO, Singjamei, Macha Leima, HERICON, MAFYF, Manipur Swimming Association, Mapi Council, UPF, All Manipur Kick Boxing Federation, Manipur Olympic Association, MIKHOL, WACAK and NIPCO was submitted to the chief minister urging him to take necessary steps to clear Monika's participation in the weightlifting event at the Beijing Olympics.
R.K. Shivachandra *
http://e-pao.
By: R.K. Shivachandra *
Shall we say, don't drink water because fishes defecate in it. This is exactly what the SPF Government recently did by reiterating that the Media will be liable to be punished under certain laws if they publish underground related news.
- Margaret Atwood
By: R.K. Shivachandra *
Have you ever come across any Manipuri who had a local school background and at the same time forgotten his own language in the changing pace of the world?
Armed Forces Special Powers Act:A study in National Security tyranny |
1. INTRODUCTIONThe Armed Forces (Special Powers) Act of 1958 (AFSPA) is one of the more draconian legislations that the Indian Parliament has passed in its 45 years of Parliamentary history. Under this Act, all security forces are given unrestricted and unaccounted power to carry out their operations, once an area is declared disturbed. Even a non-commissioned officer is granted the right to shoot to kill based on mere suspicion that it is necessary to do so in order to "maintain the public order". The AFSPA gives the armed forces wide powers to shoot, arrest and search, all in the name of "aiding civil power." It was first applied to the North Eastern states of Assam and Manipur and was amended in 1972 to extend to all the seven states in the north- eastern region of India. They are Assam, Manipur, Tripura, Meghalaya, Arunachal Pradesh, Mizoram and Nagaland, also known as the "seven sisters". The enforcement of the AFSPA has resulted in innumerable incidents of arbitrary detention, torture, rape, and looting by security personnel. This legislation is sought to be justified by the Government of India, on the plea that it is required to stop the North East states from seceeding from the Indian Union. There is a strong movement for self-determination which precedes the formation of the Indian Union.
2. HISTORICAL BACKGROUNDAs the great Himalayan range dividing South and Central Asia runs down the east, it takes a southward curve and splits into lower hill ranges. The hills are punctuated by valleys and the valleys are washed by the rivers that drain into to the Bay of Bengal. Waves of people settled in these blue hills and green valleys at various times in history. They brought with them cultures and traditions. The new interacted with the old and evolved into the unique cultural mosaic that characterizes the region. Through the centuries, these hills and valleys have bridged South, South East, and Central Asia. On today's geo-political map, a large part of the original region constitutes the seven states of the Republic of India, but its political, economic and socio-cultural systems have always been linked with South East Asia. The great Hindu and Muslim empires that reigned over the Indian sub-continent never extended east of the Bhramaputra river. India's British colonizers were the first to break this barrier. In the early 19th century, they moved in to check the Burmese expansion into today's Manipur and Assam. The British, with the help of the then Manipur King, Gambhir Singh, crushed the Burmese imperialist dream and the treaty of Yandabo was signed in 1828. Under this treaty, Assam became a part of British India and the British continued to influence the political affairs of the region. This undue interference eventually led to the bloody Anglo- Manipuri conflict of 1891. The British reaffirmed their position but were cognizant of the ferocious spirit of independence of these people and did not administer directly but only through the King. It was during the Second World War, when the Japanese tried to enter the Indian sub-continent through this narrow corridor, that the strategic significance of the region to the Indian armed forces was realised. With the bombing of the Hiroshima and Nagasaki, a disenchanted Japanese had to retreat from Imphal and Kohima fronts, however the importance of control over the region subsequently remained a priority for the Government of India. With the end of the war, the global political map was changed over night. As the British were preparing to leave Asia, the Political Department of the British Government planned to carve out a buffer state consisting of the Naga Hills, Mikir Hills, Sadiya Area, Balipara Tract, Manipur, Lushai Hills, Khasi and Hills in Assam, as well as the Chin Hills and the hills of northern Burma. The impending departure of the British created confusion and turmoil over how to fill the political vacuum they would leave behind. Ultimately, the various territories were parceled out to Nehru's India, Jinnah's Pakistan, Aung Sang's Burma and Mao's China according to strategic requirements. As expected, there were some rumblings between the new Asiatic powers on who should get how much - India and Burma over Kabow valley, India and East Pakistan over Chittagong Hill Tracts, and India and China over the North-East Frontier Agency (NEFA), present day Arunachal Pradesh. Compromises were made, and issues were finally settled in distant capitals, to the satifaction of the new rulers. The people who had been dwelling in these hills and valleys for thousands of years were systematically excluded from the consultation process. The Indian share of the British colonial cake in this region constitutes the present "Seven Sisters" states of the North-East. Over the years, thanks to the British, the advent of western education and contact with new ideas brought about the realization that the old ways had to give way to the new. Indigenous movements evolved as the people aspired to a new social and political order. For example, in the ancient Kingdom of Manipur, under the charismatic leadership of Hijam Irabot, a strong popular democratic movement against feudalism and colonialism was raging. After the departure of the British, the Kingdom of Manipur was reconstituted as a constitutional monarchy on modern lines by passing the Manipur Constitution Act, 1947. Elections were held under the new constitution. A legislative assembly was formed. In 1949, Mr V P Menon, a senior representative of the Government of India, invited the King to a meeting on the pretext of discussing the deteriorating law and order situation in the state at Shillong. Upon his arrival, the King was allegedly forced to sign under duress the merger agreement. The agreement was never ratified in the Manipur Legislative Assembly. Rather, the Assembly was dissolved and Manipur was kept under the charge of a Chief Commissioner. There were protests, but the carrot-and-stick policy launched by the Indian Government successfully suppressed any opposition.
The Naga MovementAt the beginning of the century, the inhabitants of the Naga Hills, which extend across the Indo-Burmese border, came together under the single banner of Naga National Council (NNC), aspiring for a common homeland and self-governance. As early as 1929, the NNC petitioned the Simon Commission, which was examining the feasibility of future of self-governance of India. The Naga leaders were adamantly against Indian rule over their people once the British pulled out of the region. Mahatma Gandhi publicly announced that the Nagas had every right to be independent. His assertion was based on his belief in non-violence, he did not believe in the use of force or an unwilling union. Under the Hydari Agreement signed between NNC and British administration, Nagaland was granted protected status for ten years, after which the Nagas would decide whether they should stay in the Union or not. However, shortly after the British withdrew, independent India proclaimed the Naga Territory as part and parcel of the new Republic. The NNC proclaimed Nagaland's independence. In retaliation, Indian authorities arrested the Naga leaders. An armed struggle ensued and there were large casualties on either side. The Armed Forces Special Powers Act is the product of this tension. In 1975, some Naga leaders held talks with the Government of India which resulted in what is known as the Shillong Accord. The Naga leaders who did not agree with the Shillong accord formed the National Socialist Council of Nagaland (NSCN) and continue to fight for what they call," Naga sovereignty"
Problems of IntegrationMuch of this historical bloodshed could have been avoided if the new India had lived up to the democratic principles enshrined in its Constitution and respected the rights of the nationalities it had taken within its borders. But in the over-zealous efforts to integrate these people into the "national mainstream", based on the dominant brahminical Aryan culture, much destruction has been done to the indigenous populations. Culturally, the highly caste ridden, feudal society is totally incompatible with the ethics of North-East cultures which are by and large egalitarian. To make matters even worse, the Indian leaders found it useful to club these ethnic groups with the adivasis (indigenous peoples) of the sub-continent, dubbing them "scheduled tribes". As a result, in the casteist Indian social milieu, indigenous peoples are stigmatized by higher castes. The languages of the North-East are of the Tibeto- Chinese family rather than the Indo-Aryan or Dravidian. Until the recent Eighth Schedule of the Indian Constitution, none of the Tibeto- Chinese languages were recognized as Indian languages. The predominantly mongoloid features of the people of the North-East is another barrier to cultural assimilation. Politically dependent, the North East is being economically undermined; the traditional trade routes with South East Asia and Bangladesh have been closed. It was kept out of the Government of India's massive infrastructural development in the first few five-year-plans. Gradually, the region has become the Indian capitalist's hinterland, where local industries have been reduced to nothing and the people are now entirely dependent on goods and businesses owned predominantly by those from the Indo- Gangetic plains. The economic strings of this region are controlled by these, in many cases, unscrupulous traders. All the states of the North-East are connected to India by the "chicken's neck", a narrow corridor between Bangladesh and Bhutan. At partition, the area was cut off from the nearest port of Chittagong, in what is now Bangladesh, reducing traffic to and from the region to a trickle. The states in the region are largely unconnected to India' vast rail system. India freely exploits the natural resources of the North-East. Assam produces one-fourth of all the petroleum for India, yet it is processed outside of Assam so the state does not receive the revenues. Manipur is 22% behind the national average for infrastructural development, and the entire North-Eastern region is 30% behind the rest of India. Observers have pointed out that "...it is clear that in the North East, insurgency and underdevelopment have been closely linked; in such a situation strong-arm tactics will only help to further alienate the people." The shifting demographic balance due to large-scale immigration from within and outside the country is another source of tension. The indigenous people fear that they will be outnumbered by outsiders in their own land. Laborers from Bihar and Bengal who live under rigidly feudal, casteist socio-economic conditions in their states are ready to do all kinds of menial jobs at much lower wages. As they pour in, more and more local laborers are being edged out of their jobs. Illegal immigration from Bangladesh and Nepal is also percieved as a threat. In Tripura, the indigenous population has been reduced to a mere 28% of the total population of the state because of large scale immigration from then East Pakistan and now Bangladesh. In Assam, a similar fear of " immigrant invasion" was at the root of a student movement in the early eighties. The student leaders formed a political party called the Assam Gana Parisad (AGP) and contested state elections and won. In 1984, the Assam Accord was signed with the Central Government. However, the provisions of the Accord were never implemented. The failure of the AGP to bring about change in the state of Assam fostered the growth of the armed and overtly seccessionist United Liberation Front of Assam (ULFA).
MizoramIn the Lushai hills of Assam in the early sixties, a famine broke out. A relief team cried out for help from the Government of India. But there was little help. The relief team organized themselves into the Mizo National Front (MNF) and called for an armed struggle, " to liberate Mizoram from Indian colonialiasm. The Government of India's primary interest in the North East was strategic, and so was its response to the problems. A series of repressive laws were passed by the Government of India in order to deal with this uprising. In 1953, the Assam Maintenance of Public Order (Autonomous District) Regulation Act was passed. It was applicable to the then Naga Hills and Tuensang districts. It empowered the Governor to impose collective fines, prohibit public meetings and and detain anybody without a warrant. On 22 May 1958, a mere 12 days after the Budget Session of Parliament was over, the Armed Forces (Assam-Manipur) Special Powers Ordinance was passed. A bill was introduced in the Monsoon session of Parliament that year. Amongst those who cautioned against giving such blanket powers to the Army included the then Deputy Chairman of the Rajya Sabha, (Upper House of the Indian Parliament), Mr P N Sapru. In a brief discussion that lasted for three hours in the Lok Sabha and for four hours in the Rajya Sabha, Parliament approved the Armed Forces (Assam- Manipur) Special Powers Act with retrospective from 22 May 1958. 3. THE ACT AND ITS PROVISIONSSection 1: This section states the name of the Act and the areas to which it extends (Assam, Manipur, Meghalaya, Nagaland, Tripura, Arunachal Pradesh and Mizoram). Section 2: This section sets out the definition of the Act, but leaves much un-defined. Under part (a) in the 1972 version, the armed forces were defined as "the military and Air Force of the Union so operating". In the 1958 version of the Act the definition was of the "military forces and the air forces operating as land forces". In the Lok Sabha Debates which led to the passing of the original Act, Mr Naushir Bharucha commented, "that probably means that the Government very mercifully has not permitted the air forces to shoot or strafe the area ... or to bomb." The Minister of Home Affairs did not confirm this interpretation, but certainly "acting as land forces" should rule out the power to resort to aerial bombardment. Nevertheless, in 1966, the Air Force in Mizoram did resort to aerial bombardment. Section 2(b) defines a "disturbed area" as any area declared as such under Clause 3 (see discussion below). Section 2(c) states that all other words not defined in the AFSPA have the meanings assigned to them in the Army Act of 1950. Section 3: This section defines "disturbed area" by stating how an area can be declared disturbed. It grants the power to declare an area disturbed to the Central Government and the Governor of the State, but does not describe the circumstances under which the authority would be justified in making such a declaration. Rather, the AFSPA only requires that such authority be "of the opinion that whole or parts of the area are in a dangerous or disturbed condition such that the use of the Armed Forces in aid of civil powers is necessary." The vagueness of this definition was challenged in Indrajit Barua v. State of Assam case. The court decided that the lack of precision to the definition of a disturbed area was not an issue because the government and people of India understand its meaning. However, since the declaration depends on the satisfaction of the Government official, the declaration that an area is disturbed is not subject to judicial review. So in practice, it is only the government's understanding which classifies an area as disturbed. There is no mechanism for the people to challenge this opinion. Strangely, there are acts which define the term more concretely. In the Disturbed Areas (Special Courts) Act, 1976, an area may be declared disturbed when "a State Government is satisfied that (i) there was, or (ii) there is, in any area within a State extensive disturbance of the public peace and tranquility, by reason of differences or disputes between members of different religions, racial, language, or regional groups or castes or communities, it may ... declare such area to be a disturbed area." The lack of precision in the definition of a disturbed area under the AFSPA demonstrates that the government is not interested in putting safeguards on its application of the AFSPA. The 1972 amendments to the AFSPA extended the power to declare an area disturbed to the Central Government. In the 1958 version of the AFSPA only the state governments had this power. In the 1972 Lok Sabha debates it was argued that extending this power to the Central Government would take away the State's authority. In the 1958 debates the authority and power of the states in applying the AFSPA was a key issue. The Home Minister had argued that the AFSPA broadened states' power because they could call in the military whenever they chose. The 1972 amendment shows that the Central Government is no longer concerned with the state's power. Rather, the Central Government now has the ability to overrule the opinion of a state governor and declare an area disturbed. This happened in Tripura, when the Central Government declared Tripura a disturbed area, over the opposition of the State Government. In the 1972 Lok Sabha debates, Mr S D Somasundaram pointed out that there was no need to extend this power to the Central Government, since the President had "the power to intervene in a disturbed State at any time" under the Constitution. This point went unheeded and the Central Government retains the power to apply the AFSPA to the areas it wishes in the Northeast. Section 4: This section sets out the powers granted to the military stationed in a disturbed area. These powers are granted to the commissioned officer, warrant officer, or non-commissioned officer, only a jawan (private) does not have these powers. The Section allows the armed forces personnel to use force for a variety of reasons. The army can shoot to kill, under the powers of section 4(a), for the commission or suspicion of the commission of the following offenses: acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons, carrying weapons, or carrying anything which is capable of being used as a fire-arm or ammunition. To justify the invocation of this provision, the officer need only be "of the opinion that it is necessary to do so for the maintenance of public order" and only give "such due warning as he may consider necessary". The army can destroy property under section 4(b) if it is an arms dump, a fortified position or shelter from where armed attacks are made or are suspected of being made, if the structure is used as a training camp, or as a hide-out by armed gangs or absconders. The army can arrest anyone without a warrant under section 4(c) who has committed, is suspected of having committed or of being about to commit, a cognisable offense and use any amount of force "necessary to effect the arrest". Under section 4(d), the army can enter and search without a warrant to make an arrest or to recover any property, arms, ammunition or explosives which are believed to be unlawfully kept on the premises. This section also allows the use of force necessary for the search. Section 5: This section states that after the military has arrested someone under the AFSPA, they must hand that person over to the nearest police station with the "least possible delay". There is no definition in the act of what constitutes the least possible delay. Some case-law has established that 4 to 5 days is too long. But since this provision has been interpreted as depending on the specifics circumstances of each case, there is no precise amount of time after which the section is violated. The holding of the arrested person, without review by a magistrate, constitutes arbitrary detention. Section 6: This section establishes that no legal proceeding can be brought against any member of the armed forces acting under the AFSPA, without the permission of the Central Government. This section leaves the victims of the armed forces abuses without a remedy.
4. LEGAL ANALYSISThe Armed Forces Special Powers Act contravenes both Indian and International law standards. This was exemplified 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, questioning how the AFSPA could be deemed constitutional under Indian law and how it could be justified in light of Article 4 of the ICCPR. The Attorney General of India relied on the sole argument 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. 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 peoples 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. A) INDIAN LAWThere are several cases pending before the Indian Supreme Court which challenge the constitutionality of the AFSPA. Some of these cases have been pending for over nine years. Since the Delhi High Court found the AFSPA to be constitutional in the case of Indrajit Barua and the Gauhati High court found this decision to be binding in People's Union for Democratic Rights, the only judicial way to repeal the act is for the Supreme Court to declare the AFSPA unconstitutional. It is extremely surprising that the Delhi High Court found the AFSPA constitutional given the wording and application of the AFSPA. The AFSPA is unconstitutional and should be repealed by the judiciary or the legislature to end army rule in the North East.
B) INTERNATIONAL LAWUnder relevant international human rights and humanitarian law standards there is no justification for such an act as the AFSPA. The AFSPA, by its form and in its application, violates the Universal Declaration of Human Rights (the "UDHR"), the International Covenant on Civil and Political Rights (the "ICCPR"), the Convention Against Torture, the UN Code of Conduct for Law Enforcement Officials, the UN Body of Principles for Protection of All Persons Under any form of Detention, and the UN Principles on Effective Prevention and Investigation of Extra- legal and summary executions. A UDHR argument would just be repetitive with ICCPR so SAHRDC has not done it but the UDHR articles which the AFSPA violates are the following: 1 - Free and Equal Dignity and rights, 2 - Non- discrimination, 3 - Life, liberty, security of person, 5 - no torture, 7 - equality before the law, 8 - effective remedy, 9 - no arbitrary arrest, 17 - property.
5. CONCLUSIONSThe Supreme Court of India reached a low for its lack of enforcement of fundamental rights in the Jabalpur case of 1975. The country was in a state of emergency and the high courts had concluded that although the executive could restrict certain rights, people could still file habeas corpus claims. The Supreme Court rejected this conclusion and said the high court judges had substituted their suspicion of the executive for "frank and unreserved acception of the proclamation of emergency." Noted Legal luminary, H M Seervai notes that this shows the lack of judicial detachment. Indeed, it exemplifies a deference to the executive which leaves the people with no enforcement of their constitutional rights. Jabalpur has since been deemed an incorrect decision, but it remains an apt example of the judiciary's submission to the executive. The Supreme Court has avoided a Constitutional review for over 9 years, the amount of time the principal case has been pending. The Court is not displaying any judicial activism on this Act. The Lok Sabha in the 1958 debate acknowledged that if the AFSPA were unconstitutional, it would be for the Supreme Court to determine. The deference of the Delhi High Court to the legislature in the Indrajit case also demonstrates a lack of judicial independence. The Basic Principles on the Independence of the Judiciary was adopted by the seventh UN Congress on the Prevention of Crime and the Treatment of Offenders and was also adopted by the UN General Assembly. Principle 2 of this document says, "The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressure, threats or interferences, direct or indirect, from any quarter or for any reason." The Indian judicial system is not subject to direct interference. It seems to function independently, but under the surface it is possible to discern indirect pressure. For example, the practice of appointing retired judges to commissions may well influence judges while they are on the bench. There may not be direct pressure to render decisions favorable to the executive, but certainly a judge who has "towed the government line" is more likely to be appointed by that same government to a position of prominence upon retirement. Moreover, there is an absence of creative legal thinking. When the Guwahati High Court was presented with international law argument in People's Union for Democratic Rights, the court ignored it. Justice Raghuvir said in a personal interview that the court could not use international law. If the government has signed an international convention like the ICCPR which requires the government to guarantee rights to its citizens, how can these be enforced if the judiciary does not turn to the text of the convention in its rendering of decisions? The courts are not turning to the spirit of the law which guarantees the fundamental right to life to all people and as a result violations of human rights go unchecked. The UN Special Rapporteur on the Independence and Impartiality of the Judiciary, Jurors and Assessors and the Independence of Lawyers, Mr Param Cumaraswamy, stated in the 51st Session of the Commission on Human Rights on 10 February 1995, at the United Nations in Geneva that," The power of judicial review is vital for the protection of the rule of law." He also quoted from Mr L M Singhvi's 1985 report that "the strength of legal institutions is a form of insurance for the rule of law and for the observance of human rights and fundamental freedoms and for preventing the denial and miscarriage of justice."
6. RECOMMENDATIONSThe only way to guarantee that the human rights abuses perpetrated by the armed forces in the North East cease is to both repeal the AFSPA and remove the military from playing a civil role in the area. Indeed with 50% of the military forces in India acting in a domestic role, through internal security duties, there is a serious question as to whether the civil authority's role is being usurped. As long as the local police are not relied on they will not be able to assume their proper role in law enforcement. The continued presence of the military forces prevents the police force from carrying out its functions. This also perpetuates the justification for the AFSPA. Among the recommendations made by the Working Group on Arbitrary Detention, from 1994 was the statement that "Governments which have been maintaining states of emergency in force for many years should lift them, limit their effects or review the custodial measures that affect many persons, and in particular should apply the principle of proportionality rigorously." The National Human Rights Commission is now reviewing the AFSPA. Hopefully, the NHRC will find that the AFSPA is unconstitutional and will submit this finding to the Supreme Court to influence its review of the pending cases. However, the NHRC has a very limited role. In past cases, the Supreme Court has not welcomed such intervention by the NHRC. This was evident when the NHRC attempted to intervene in the hearing against the Terrorist and Disruptive Activities (Prevention) Act (TADA). If the AFSPA is not repealed, it must at a bare minimum comply with international law and Indian law standards. This means the powers to shoot to kill under section 4(a) must be unequivocally revoked. Arrests must be made with warrants and no force should be allowed in the search and seizure procedures. Section 5 should clearly state that persons arrested under the Act are to be handed over to the police within twenty-four hours. Section 6 should be completely repealed so that individuals who suffer abuses at the hands of the security forces may prosecute their abusers. Moreover, the definition of key phrases, especially "disturbed area" must be clarified. The declaration that an area is disturbed should not be left to the subjective opinion of the Central or State Government. It should have an objective standard which is judicially reviewable. Moreover, the declaration that an area is disturbed should be for a specified amount of time, no longer than six months. Such a declaration should not persist without legislative review. Armed forces should not be allowed to arrest or carry out any procedure on suspicion alone. All their actions should have an objective basis so that they are judicially reviewable. This will also assist those who file suit against the security forces. All personnel acting in a law enforcement capacity should be trained according to the UN Code of Conduct for law enforcement personnel. The instructions and training given to the armed forces should be available to the public. Complete transparency should be established so that a public accountability is rendered possible. Having the armed forces comply with the Indian CrPC would also be a bare minimum. The CrPC itself does not fully comply with international human rights standards, so making the AFSPA comply on its face with the CrPC provisions for the use of minimal force, arrest, search and seizure would only be a rudimentary step in reducing the abuses committed under the AFSPA. If the Indian Government truly believes that the only way to handle the governance of the North Eastern states is through force, then it must allow the ICRC to intervene. This can only have a calming influence. Acceptance of ICRC services would demonstrate that the fighting parties want to bring an end to the violence. The ICRC's involvement could help protect the residents of the North East who are currently trapped in the middle between insurgents and the military. Top / About SAHRDC / Action Alerts / Human Rights Features / Online Resource Centre / Publications / Home All contents copyright © SAHRDC, B-6/6, Safdarjung Enclave Extension, New Delhi - 110029, India |
PUCL, August 2004
[Published in PUCL Bulletin, September 2004]
Repeal Armed Forces Special Power act
-- By Pushkar Raj and Mahipal Singh, PUCL-Delhi, 13 August 2004
The ongoing agitation in Manipur for the repeal of AFSPA, started in the wake of alleged torture, arrest, rape and killing of Manorama Devi by personnel of the 17th Assam Rifles, is gaining more and more support of the people of Manipur, notwithstanding the partial withdrawal of the Act by the state government.
Manorama Devi's killing once again exemplifies how the unrestricted powers granted by the Act to the armed forces are misused with impunity. The UPA government which claims that it is in favour of the repeal of the Act, also wants to bring in another Act in its place whenever AFSPA is withdrawn and it is very much doubtful that the said Act will not be as draconian as the present one. The history of MISA, TADA, POTA and AFSPA is enough to prove that all of them have been blatantly misused by governments to gag opposition and by police and armed forces to torture, arrest and kill innocent people and to deprive people of their civil liberties against the spirit of fundamental rights as enumerated in the Constitution of India and Human Rights as enumerated under the Universal Declaration of Human Rights, 1948 by the UN and the two Covenants that followed it and to which the country is a signatory.
Besides, that the central government does not seem to be in a hurry to withdraw AFSPA from the North Eastern states, or even the Assam Rifles from Manipur, is clear from the statements of Union Home Minister, Sh. Shivraj Patil who said that there is no unanimity in the state on the question of withdrawal of the AFSPA, since "many say that this law should be continued," as reported by the press, and also as per the statement of Defence Minister Pranab Mukherjee on August 10, 2004 that there was no move to withdraw Assam Rifles from Manipur and that the Armed Forces (Special Powers) Act would continue to be in vogue in the troubled state. The intentions of the central government are also clear from the fact that first it wants to bring in another Act in its place for which it proposes to bring a bill before Parliament in its monsoon session.
It is absurd to say that 'many people' from Manipur 'suggest that this law should be continued' as it would virtually mean that the Vice-Chancellor of Manipur University along with the faculty members who sat on a dharna in Imphal on August 10, the students, women, nurses are all waging a movement not against the removal of Assam Rifles personnel and AFSPA from the state but for continuing them there so that tortures, arrests, rapes and killings of innocent people continue there. That the personnel of the armed forces posted there treat the Commissions of Enquiry and the rule of law with contempt is clear from the fact that Col. Jagmohan Singh, Commandant of 17th Assam Rifles and the four other witnesses from the same force, who were to appear before the Upendra Commission enquiring into the death of Manorama did not think it necessary to appear before it. The unlimited powers and immunity from being prosecuted granted to them under the AFSPA has made personnel of these forces arrogant to the extent of becoming a law unto themselves.
In the light of the popular demand of the repeal of AFSPA and for the restoration of the human rights and civil liberties of the people of all the North-Eastern states where this act is in force, including Manipur, People's Union for Civil Liberties Delhi supports the peaceful movement of the people of Manipur and other North-Eastern states to secure their democratic rights and fundamental freedoms and demands that:-
- The Central Government should give permission to the local police, as required under Section 7 of the AFSPA, to file a case against the alleged rapists and killers of Manorama Devi. Pending enquiry into the allegations by the enquiry commissions, Assam Rifles should be shifted from Manipur. The family of Manorama Devi should be adequately compensated.
- Along with POTA, Armed Forces (Special Powers) Act should also be repealed immediately and cases instituted under them and allegations of misuse should be enquired into by review committees within a specified period and innocent people should be provided relief and compensation by the government and those found guilty of misuse should be punished.
- The government should build an atmosphere of confidence and talk to all concerned parties for a political and peaceful solution of the problems facing the North-Eastern states with an open mind, without any preconditions, within the framework of the Constitution of India and all such groups should also reciprocate
An analysis of Armed Forces Special Powers Act, 1958
-- By The Asian Centre for Human Rights[Also see, Repeal Armed Forces Special Power act -- By Pushkar Raj and Mahipal Singh, PUCL-Delhi, 13 August 2004. Click
The AFSPA: Lawless law enforcement according to the law?, ACHR, 5 January 2005. Click
Review of AFSPA: Too Little, Too Late, ACHR, 3 November 2004. Click ]
(AFSPA, much maligned law, is a piece that stands out because of its misuse and because of the provisions that give the security forces powers that go against the basic principles of rule of law. The Asian Centre for Human Rights has brought out a comprehensive reader on it. We bring excerpts from the Publication – Chief Editor)
Introduction
"An effective international strategy to counter terrorism should use human rights as its unifying framework. The suggestion that human rights violations are permissible in certain circumstances is wrong. The essence of human rights is that human life and dignity must not be compromised and that certain acts, whether carried out by State or non-State actors, are never justified no matter what the ends. International human rights and humanitarian law define the boundaries of permissible political and military conduct. A reckless approach towards human life and liberty undermines counter-terrorism measures". - Mary Robinson, the United Nations High Commissioner for Human Rights in her report to the 58th session of the United Nations Commission on Human Rights.1
It took an unusual form of protest by some members of the Meira Paibis, women activists, who stripped in front of the Kangla Fort, then headquarter of the Assam Rifles on 15 July 2004, followed by an equally unprecedented civil disobedience movement in Manipur never seen in independent India to establish the Committee to Review (hereinafter referred to as "Review Committee") the Armed Forces Special Powers Act (AFSPA), 1958 on 8 December 2004. The protests were against the alleged extrajudicial execution of Ms Thangjam Manorama Devi on the night of 11 July 2004 by the Assam Rifles personnel and the withdrawal of the AFSPA.
The AFSPA empowers the representative of the Central government, the governor to subsume the powers of the State government to declare "undefined" disturbed areas. It also empowers the non-commissioned officers of the armed forces to arrest without warrant, to destroy any structure that may be hiding absconders without any verification, to conduct search and seizure without warrant and to shoot even to the causing of death. No legal proceeding against abuse of such arbitrary powers can be initiated without the prior permission of the Central government. While introducing the AFSPA on 18 August 1958, the government accepted it as an emergency measure and it was supposed to have remained in operation only for one year.
The demand of the populace affected by the AFSPA either to completely withdraw or substantively review the Act is matched by the demand for its retention by the armed forces and the hawks. A section of the Apunba Lup, a congregation of 32 civil society organisations of Manipur leading the civil disobedience movement, called for a "public curfew" on 27 December 2004, the day members of the Review Committee reached Imphal, to press its demand for complete repeal of the AFSPA. Other members of the Apunba Lup and the family members of Manorama Devi, however, submitted their representations to the Review Committee. Immediately after the visit of the Review Committee to Manipur, General Officer Commanding in Chief (Eastern Region), Lt General Arvind Sharma in his first press conference at Kolkata on 3 January 2005 stated that the provisions of the AFSPA is "absolutely essential" to tackle insurgency in the country. "I am afraid that without the AFSPA, the Army will not be able to function in insurgency situations... Without the Act, we will be a reactive" -stated Lt General Sharma.2
The mushrooming of the non-State actors and violations of the international humanitarian laws by these groups are realities of the North East India. "There is no doubt that States have legitimate reasons, right and duty to take all due measures to eliminate terrorism to protect their nationals, human rights, democracy and the rule of law and to bring the perpetrators of such acts to justice".3 However, that does not give the State the right to take away the right to life in an intentional and unlawful way or violate human rights guaranteed under the constitution and international law. The AFSPA has become the main symbol of repression because of its sheer misuse as demonstrated in the various case studies of last few years provided in this study. In addition, a few armed opposition groups were also initially created by State agencies as a part of the counter-insurgency operations and these groups, later on, became Frankenstein monsters.4
There is no doubt that the armed forces operate in difficult and trying circumstances in the areas afflicted by internal armed conflicts. It is in these situations that the supremacy of the judiciary and the primacy of the rule of law need to be upheld. However, if the law enforcement personnel stoop to the same level as the non-State actors and perpetrate the same unlawful acts, there will be no difference between the law enforcement personnel and the non-State actors whom the government calls "terrorists".
This representation, submitted to the Review Committee, provides an analysis of the illegality of the provisions of the AFSPA, the abuse of these provisions and therefore the need for its review and specific recommendations. It also contains documents on national, regional and international human rights standards to ensure that amended the provisions of the AFSPA are "in consonance with the obligations of the Government towards protection of Human Rights". As Manipur has been the epicentre of the movement against the AFSPA, the case studies are cited mainly from Manipur. – Suhas Chakma, Director
Executive Summary
"... there (Assam and Manipur), they (certain misguided sections of the Nagas, in the words of Mr. Pant) are indulging in -arson, murder, loot, dacoity etc. So it has become necessary to adopt effective measures for the protection of the people in those areas. In order to enable the armed forces to handle the situation effectively wherever such problem arises hereafter, it has been considered necessary to introduce this Bill." - then Home Minister G B Pant while introducing the Armed Forces Special Powers Bill on 18 August 1958.
"In my humble opinion, this measure is unnecessary and also unwarranted. This Bill is sure to bring about complications and difficulties in those areas, especially in those which are going to be declared as disturbed areas. I fail to understand why the military authorities are to be invested with special powers. I have found that these military authorities have always committed excesses in many cases, especially in the sub-divisions of Kohima and Mokokchung. In such a situation, I do not like that the officers should be invested with special powers. Recently, such an incident took place in the Headquarters of the North Cachar and Mikir Hills District. Instead of rounding (up) the hostile Nagas, some military personnel trespassed into the houses of some retired tribal official and committed rape on the widow. So, such things have deteriorated the situation. The tribal people have risen against the military people there. It is, therefore, dangerous to invest the military authorities with extraordinary powers of killing and of arrest without warrant and of house breaking…… How can we imagine that these military officers should be allowed to shoot to kill and without warrant arrest and search? This is a lawless law. There are various provisions in the Indian Penal Code and in the Criminal Procedure Code and they can easily deal with the law and order situation in these parts. I am afraid that this measure will only severe the right of the people and harass innocent folk and deteriorate the situation."- Mr. Laishram Achaw Singh, MP from Inner Manipur Parliamentary Constituency while objecting to the AFSP Bill.5
Modelled on the Armed Forces (Special Powers) Ordinance promulgated by the colonial British government on 15 August 1942 to suppress "Quit India Movement", the Armed Forces Special Powers Act of 1958 (AFSPA) was initially supposed to have remained in operation for one year to tackle the Naga problem. However, after 45 years of imposition of the AFSPA, the Naga problem is far from resolved. The government of India and Naga armed opposition groups - both Issac-Muivah and Kaplang factions of the National Socialist Council of Nagaland - have been engaged in a peace process since July 1997. The peace process stresses the axiom that political problems cannot be resolved by merely terming it as law and order problems - "arson, murder, loot, dacoity" - crimes which are more associated with mainland India's Uttar Pradesh, Bihar and Madhya Pradesh.
There is no doubt that a large number of armed opposition groups operate in Manipur and elsewhere in the North East and that they have been responsible for gross human rights abuses. Yet, unlawful law enforcement only begets contempt for the rule of law and contributes to a vicious cycle of violence. The unusual form of demonstrations by some members of the Meira Paibis who stripped themselves in front of the Kangla Fort on 15 July 2004 was an act of desperation to protest against the systematic denial of access to justice even for unlawful, intentional, arbitrary, summary and extrajudicial deprivation of the right to life. The third preambular paragraph of the Universal Declaration of Human Rights - "Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law" - is prophetic about such situations.
A reckless approach towards human life and liberty in the last 45 years under the AFPSA has been counter-productive and caused alienation of the people in the North East. The review of the AFSPA is overdue for many reasons.
First, the AFSPA has manifestly failed to contain, let alone resolve, all insurgency problems in the North East. When the AFSPA was imposed on 8 September 1980, there were only four armed opposition groups in Manipur - the United National Liberation Front, People's Revolutionary Party of Kangleipak, People's Liberation Army, and National Socialist Council of Nagaland. However, today there are over two dozens armed opposition groups including the Kanglei Yaol Kanba Lup, People's United Liberation Front, North East Minority Peoples Front, Islamic National Front, Islamic Revolutionary Front, United Islamic Liberation Army, Kuki National Army, Kuki National Front, Kuki Revolutionary Army, Zomi Revolutionary Army and the United Kuki Liberation Front, among others.
Second, there are adequate laws to deal with insurgency situations and the non-State actors. While India did not have specific laws in 1958 to deal with armed opposition The AFSPA: Lawless law enforcement according to the law? groups, it has subsequently adopted numerous draconian laws such as the Terrorist and Disruptive Activities (Prevention Act), 1985 and the Prevention of Terrorism Act (POTA), 2002. After the lapse of these laws, the government of India amended the Unlawful Activities (Prevention) Act of 1967 in December 2004 to incorporate the provisions of the POTA. The Unlawful Activities (Prevention) Act of 1967 as amended in 2004 is adequate to deal with all insurgent groups and their unlawful activities.
Third, the strength of any country claiming itself as "democratic" lies in upholding the supremacy of the judiciary and primacy of the rule of law. It requires putting in place effective criminal-law provisions to deter the commission of offences against the innocents and punishment for breaches of such provisions while exercising executive powers; and not in providing the arbitrary powers to the law enforcement personnel to be law unto themselves. The AFSPA violates basic tenets of criminal justice system in any civilized society. First, it provides special powers which tantamount to awarding heavier penalty to the suspects than convicted persons would get under normal court, a clear violation of the cardinal principle of criminal justice system - nullum crimen, nulla poena sine lege.6 Second, non-application of due process of law makes the armed forces to be their own judge and jury. Most importantly, by giving virtual impunity to the armed forces under Section 6 of the AFSPA which makes its mandatory to seek prior permission of the Central government to initiate any legal proceedings, the Executive has expressed its lack of faith in the judiciary. Otherwise, it would have been left to the judiciary to decide whether the charges are vexatious, abusive or frivolous.
Though, there is no need for retention of the AFSPA, the Review Committee appears to have already decided to retain the AFSPA with some amendments. It has called for representation on whether it should recommend to the government of India to "(i) amend the provisions of the Act to bring them in consonance with the obligations of the Government towards protection of Human Rights; or (ii) replace the Act by a more humane legislation." Both the proposals have the same end - the retention of the Act.
In order to uphold the supremacy of the judiciary and primacy of the rule of law, the Review Committee must ensure that the judgements of the Supreme Court of India and opinions of international bodies including the United Nations Human Rights Committee on the AFSPA are incorporated in the amended AFSPA. Leaving it to the armed forces to respect "Do's and Don'ts" issued by the army authorities as naively espoused by the Supreme Court of India in its controversial judgment on the constitutional validity of the AFSPA and to the courts to decide "case by case basis" have proved to be inadequate, ineffective and counter productive because of continued violations of human rights.
Extrajudicial Executions for Maintenance of Public Order
Since Manipur has been declared as a "disturbed area" on 8 September 1980, according to Manipur Chief Minister Lbobi Singh over 8,000 innocent persons and over 12,000 members of armed opposition groups and security forces have lost their lives.35
In practice, there are hundreds of armed encounters each year. Not every armed encounter is questioned. However, when people, whether innocent civilians, suspects or members of armed oppositions groups are captured from their houses or villages and routinely killed in fake encounters, allegations of extrajudicial killings surface. Yet, there has been little or no documentary evidence to prove that the victims were indeed arrested as no arrest memo is issued, not to mention about evidence to prove subsequent extrajudicial executions.
However, the extrajudicial execution of Ms Thangjam Manorama Devi has both exceptional as well as routine aspects.
It is exceptional because unlike hundreds of other arrests, the Assam Rifles personnel issued an arrest warrant. Havildar (General Duty) Suresh Kumar (No. 173355) of the 17th Assam Rifles signed the arrest memo. Rifleman T Lotha (No. 173916) and Rifleman Ajit Singh (No. 173491) signed as witnesses. The arrest memo stated that Ms Manorama Devi was arrested as a suspected member of the Peoples Liberation Army and they recovered nothing from her and that she was healthy at the time of her arrest.36
The recovery of Manorama's dead body from Ngariyan Mapao Maring village on the morning of 12 July 2004 with telltale signs of brutal torture all over her body is a routine matter.37
Prior to the inquiry into the death of Manorama Devi, Justice Upendra conducted over half a dozen similar inquiries. Justice Upendra Commission as required under normal law of the land summoned the concerned Assam Rifles personnel to depose as mere witness since they had signed the arrest warrant for Manorama. The fact that the Assam Rifles questioned the jurisdiction of the Upendra Commission of Inquiry on the ground that the State government had not taken prior permission from the Central government is nothing unusual either.
Impunity to the Armed Forces
Under Section 6 of the Armed Forces Special Powers Act, "No prosecution, suit or other legal proceedings shall be instituted, except with the previous sanction of the Central Government against any person in respect of anything done or purported to be done in exercise of powers conferred by this Act."101
This provision violates India's treaty obligation under Article 2(3) of the ICCPR according to which:
"Each State Party to the present Covenant undertakes:
To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
To ensure that the competent authorities shall enforce such remedies."
What is more worrying is the fact that Section 6 of the AFSPA has been overtaken by Section 197 of the Criminal Procedure Code102 (Cr.P.C.) amended in 1991 to provide virtual impunity to the armed forces. Impunity has been made a feature of normal criminal jurisprudence. In fact Section 197 of the Cr P.C. has made section 6 of the AFSPA redundant. If the Central government were to give permission under section 197 of the Cr P.C., there is no reason as to why the same permission will not be granted under Section 6 of the AFSPA.
The United Nations Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions lucidly summarised the impunity and extra-judicial executions in her report to the 57th session of the United Nations Commission on Human Rights:
"Impunity for human rights offenders seriously undermines the rule of law, and also widens the gap between those close to the power structures and others who are vulnerable to human rights abuses. In this way, human rights violations are perpetuated or sometimes even encouraged, as perpetrators feel that they are free to act in a climate of impunity. ....., extrajudicial killings and acts of murder may sometimes also go unpunished because of the sex, religious belief, or ethnicity of the victim. Long-standing discrimination and prejudice against such groups are often used as justification of these crimes. The increasing difficulties in securing justice alienate the people from the State and may drive them to take the law into their own hands, resulting in a further erosion of the justice system and a vicious circle of violence and retaliation. If unaddressed, such situations may easily degenerate into a state of anarchy and social disintegration. Human rights protection and respect for the rule of law are central to lasting peace and stability. It is, therefore, crucial that conflict prevention strategies and post-conflict peace-building efforts include effective measures to end the culture of impunity and protect the rule of law."103
While examining the third periodic report of the government of India, an expert of the United Nations Human Rights Committee stated "Article 6 of the Armed Forces (Special Powers) Act, which prevented all legal proceedings against members of the armed forces, was extremely worrying; if the Government's fear was that citizens would bring vexatious or frivolous actions, that was a matter better left to the courts to resolve. It was inadmissible for citizens to be deprived of a remedy as was at present the case".104
In its Concluding Observations, the United Nations Human Rights Committee noted "with concern that criminal prosecutions or civil proceedings against members of the security and armed forces, acting under special powers, may not be commenced without the sanction of the central Government. This contributes to a climate of impunity and deprives people of remedies to which they may be entitled in accordance with article 2, paragraph 3, of the Covenant".
There are adequate legal guarantees for preventing vexatious and frivolous actions. However, by making it mandatory to seek prior permission of the Central government to initiate any legal proceedings against the armed forces, the Executive has expressed its lack of faith in the judiciary of the country.
Abuses by the Armed Opposition Groups
1. Background on the Armed Opposition Groups in Manipur
Manipur literally meaning "A jeweled land" came under the British Rule as a Princely State after the defeat in the Anglo-Manipuri War of 1891. After independence of India in 1947, the Princely State of Manipur was merged in the Indian Union on 15 October 1949 and became a full-fledged State of India on the 21 January 1972.
Manipur was recognized as a state in 1972, nine years after Nagaland was created out of Assam in 1963. The Manipuri language was included in the Eight Schedule of the Constitution of India in 1992 after a prolong struggle.
Manipur is not only about the Meiteis who profess Vaisnavites Hinduism. It is also home to about 30 different tribes who profess Christianity. Some of the larger tribes include Nagas, Kukis, Paites, Thadous, Simtes, Vaipheis, Raltes, Gangtes and Hmars. Unlike the Meiteis, who occupy the Imphal Valley and constitute a little over 50% of the total population, the other tribes inhabit the surrounding hill districts.
The Meitei armed opposition groups were mainly based in Imphal valley although the Kuki Movement for Human Rights alleged that they have strengthened their bases in hilly areas.
The first armed opposition group, United National Liberation Front (UNLF), was formed on 24 November 1964 by Samarendra Singh demanding independence from India. Since then many armed opposition groups led by Meiteis were established with similar objectives. The People's Revolutionary Party of Kangleipak (PREPAK) was formed in 1977. The People's Liberation Army (PLA) was formed in 1978. The Kangleipak Communist Party (KCP) was formed in 1980. As an off-shoot of UNLF, Kanglei Yaol Kanba Lup (KYKL) was formed in 1990s. All the Meitei armed opposition groups reportedly function presently under the banner of Manipur People's Liberation Front (MPLF).112
After a series of clashes between Meiteis and the Pangals, the Manipuri muslims, in May, 1993 which led to the killings of 97 persons, a number of new outfits such as People's United Liberation Front (PULF), North East Minority Peoples Front (NEMPF), Islamic National Front, Islamic Revolutionary Front (IRF) and United Islamic Liberation Army (UILA) were formed.
Of the 40 Naga sub-tribes in the North East, there are over 20 Naga tribes in Manipur particularly in Ukhrul, Senapati, Chandel and Tamenglong districts. Both factions of the National Socialist Council of Nagaland, the Issac-Muivah and Kaplang factions are active in Manipur. The Naga armed opposition groups demand independence of Naga inhabited areas. In the negotiation between the government of India and the NSCN (I-M), the issue of "Greater Nagaland" consisting of the Naga inhabited areas in Assam, Arunachal Pradesh, Manipur and Nagaland has figured.
The Meiteis, the State government of Manipur and the Meitei armed opposition groups oppose the inclusion of the Naga inhabited areas into the so called Greater Nagaland. The extension of the cease-fire agreement between the National Socialist Council of Nagaland and the government of India into Manipur led to protest and the burning of the Manipur State assembly in June 2001. The State Government of Manipur however withdrew the ban on the NSCN on 30 November 2002.113
The conflicts between the Nagas and the Kukis since 1992 led to emergence of a number of Kuki armed opposition groups such as Kuki National Army (KNA), Kuki National Front (KNF), Kuki Revolutionary Army (KRA), Zomi Revolutionary Army (ZRA) and the United Kuki Liberation Front. Most of these Kuki outfits are demanding a "separate homeland" within the Indian union.
Since Manipur has been declared as a Disturbed Area in 1980, according to Manipur Chief Minister Ibobi Singh over 8,000 innocent persons and over 12,000 members of armed opposition groups and security forces have lost their lives.114
2. Executions by the Armed Opposition Groups
The armed opposition groups have been responsible for torture, extrajudicial executions, hostage taking, extortions and blatant violations of the provisions of International Humanitarian Laws. The victims include innocent civilians, alleged police informers and corrupt officials or simply inability to pay extortion money.
The people of Manipur are caught in a vicious cycle. The nexus between the political leaders and armed opposition groups is a public knowledge in Manipur. The extortion, euphemistically called as taxes by the armed opposition groups, is also public knowledge and often collected under the noses of the administration. Across the highways both the security forces and armed opposition groups extort from innocent people as well as businessmen.
The armed opposition groups reportedly collect taxes from sources - meaning a government official from a particular department has to collect the extortion money, euphemistically called "taxes" on behalf of the armed opposition groups who then distribute it among themselves. All government officials including the senior most officials allegedly pay taxes. In a rare incident, in June 2004, the State government accorded sanction for prosecution of two employees of the All India Radio, Imphal who are accused of collecting illegal "taxes" from fellow employees on behalf of three separate underground organisations under the Unlawful Activities (Prevention) Act. The two men, Meisnam Achou Singh, 56, of Keisampat Mutum Leirak, a programme executive, and Hijam Homendro Singh, 57, of Kongpal Khaidem Leikai, an accountant, allegedly collected a total of Rs. 3,34,310 from 122 fellow employees at the rate of 1% of basic pay, and paid the same to activists of the underground UNLF, PREPAK and KYKL during the year 2000.115
The situation of the Kukis exemplies the plight of the civilians. According to the Kuki Movement for Human Rights armed opposition groups forcibly stay in their villages, mix themselves with the civil population, use the civilians as human shields against the security forces. The villagers are used for sentry day and night on rotation as well as for cooking and carrying supplies needed by them. All paths are mined (land mine) thereby making free movement difficult both human being and domestic animals. The people also have to give food. When the security forces find the members of the armed opposition groups, the villagers are subjected to atrocities for informing the security forces. If the security forces come to know about the presence of the armed opposition groups, the villagers are once again blamed for proving shelter and support.116
Excerpts from the Supreme Court Judgement on Armed Forces Special Powers Act
SUPREME COURT OF INDIA on Armed Forces (Special Powers) Act, 1958 Writ petition (Crl) 550 of 1982 with Writ Petition (C) Nos. 5328/80, 9229-30/82, Civil Appeals Nos. 721 to 724 of 1985, 2173-76/1991,2551/81 and Writ Petition (C) Nos. 13644-45/84
Naga People's Movement of Human Rights, etc. - Petitioner vs. Union of India - Respondent
Before J.S. Verma, CJI and other four Judges 27 November, 1997
Operative Part of the Judgement (Relevant extracts) 74. In the light of the above discussion we arrive at the following conclusions:
(1) Parliament was competent to enact the Central Act in exercise of the legislative power conferred on it under Entry 2 of List I and Article 248 read with Entry 97 of List I. After the insertion of Entry 2A in List I by the Forty Second Amendment of the Constitution, the legislative power of Parliament to enact the Central Act flows from Entry 2A of List I. It is not a law in respect of maintenance of public order falling under Entry I and List II.
(2) The expression 'in aid of the civil power" in Entry 2A of List I and in Entry 1 of List II implies that deployment of the armed forces of the Union shall be for the purpose of enabling the civil power in the State to deal with the situation affecting maintenance of public order which has necessitated the deployment of the armed forces in the State.
(3) The word 'aid" postulates the continued existence of the authority to be aided. This would mean that even after deployment of the armed forces the civil power will continue to function.
(4) The power to make a law providing for deployment of the armed forces of the Union in aid of the civil power of a State does not include within its ambit the power to enact a law which would enable the armed forces of the Union to supplant or act as a substitute for the civil power in the State. The armed forces of the Union would operate in the State concerned in cooperation with the civil administration so that the situation which has necessitated the deployment of armed forces is effectively dealt with and normalcy is restored.
(5) The Central Act does not displace the civil power of the State by the armed forces of the Union and it only provides for deployment of armed forces of the Union in aid of the civil power.
(6) The Central Act cannot be regarded as a colourable legislation or a fraud on the Constitution. It is not a measure intended to achieve the same result as contemplated by a Proclamation of Emergency under Article 352 or a proclamation under Article 356 of the Constitution.
(7) Section 3 of the Central act does not confer an arbitrary or unguided power to declare an area as a 'disturbed area". For declaring an area as a 'disturbed area" under Section 3 there must exist a grave situation of law and order on the basis of which the Governor/Administrator of the State/Union territory of the Central Government can from an opinion that the area is in such a disturbed or dangerous condition that the use of the armed forces in aid of civil power is necessary.
(8) A declaration under Section 3 has to be for a limited duration and there should be periodic review of the declaration before the expiry of six months.
(9) Although a declaration under Section 3 can be made by the Central Government suo motto without consulting the concerned State Government, but it is desirable that the State Government be consulted while making the declaration.
(10) The conferment of the power to make a declaration under Section 3 of the Central Act on the Governor of the State cannot be regarded as delegation of the power of the Central Government.
(11) The conferment of the power to make a declaration under Section 3 of the Central Act of the Government is not violative of the federal scheme as envisaged by the Constitution.
(12) The provision contained in Sections 130 and 131 Cr.P.C. cannot be treated as comparable and adequate to deal with the situation requiring the use of armed forces in aid of civil power as envisaged by the Central Act.
(13) The powers conferred under clauses (a) to (d) of Section 4 and Section 5 of the Central Act on the officers of the armed forces, including a Non-Commissioned Officer, are not arbitrary and unreasonable and are not violative of the provisions of Articles 14, 19 or 21 of the Constitution.
(14) While exercising the powers conferred under Section 4(a) of the Central Act, the officer in the armed forces shall use minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.
(15) A person arrested and taken into custody in exercise of the powers under Section 4(c) of the Central Act should be handed over to the officer in charge of the nearest police station with least possible delay so that he can be produced before nearest Magistrate within 24 hours of such arrest excluding the time taken for journey from the place of arrest to the court of magistrate.
(16) The property or the arms, ammunition etc., seized during the course of search conducted under Section 4(d) of the Central Act must be handed over to officer in charge of the nearest police station together with a report of the circumstances occasioning such search and seizure.
(17) The provisions of Cr.P.C. governing search and seizure have to be followed during the course of search and seizure conducted in exercise of the power conferred under Section 4(d) of the Central Act.
(18) Section 6 of the Central Act in so far as it confers a discretion on the Central Government to grant or refuse sanction for instituting prosecution or suit or proceeding against any person in respect of anything done or purported to be done in exercise of the powers conferred by the Act does not suffer from the vice of arbitrariness. Since the order of the Central Government refusing or granting the sanction under Section 6 is subject to judicial review, the Central Government shall pass an order giving reasons.
(19) While exercising the power conferred under clauses (a) to (d) of Section 4 the officers of the armed forces shall strictly follow the instructions contained in the list of 'Do's and Don'ts" issued by the army authorities which are binding and any disregard to the said instructions would entail suitable action under the Army Act, 1950.
(20) The instructions contained in the list of 'Do's and Don'ts" shall be suitably amended so as to bring them in conformity with the guidelines contained in the decisions of this Court and to incorporate the safeguards that are contained in clauses (a) to (d) of Section 4 and Section 5 of the Central Act as construed and also the direction contained in the order of this Court dated July 4, 1991 in Civil Appeal No. 2551 of 1991.
(21) A complaint containing an allegation about misuse or abuse of the powers conferred under the Central Act shall be thoroughly inquired into and, if on enquiry it is found that the allegations are correct, the victim should be suitably compensated and the necessary sanction for institution of prosecution and/or suit or other proceeding should be granted under Section 6 of the Central Act.The Armed Forces (Assam & Manipur) Special Powers Act, 1958
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