The commission said that the continued operation of the afspa in manipur has made a mockery of the law, and that security forces have been transgressing the legal bounds for their counter-insurgency operations in the state of manipur. Continued afspa,crpc section 144 make a mockery of the law the commission that probed the manipur killings has questioned the need to continue the armed forces special powers act. In the history of indian disasters, one black day was observed in the year 1984, when the methyl- gas-leakage occurred out of the union carbide company and caused over 15000 deaths at a time and another verisimilitude of black day has just been observed in the history of indian governance, law and judiciary, when the judgment of the same came out prescribing punishment to the directors of the.
Though india is popularly known as a nation which gives due importance to the rights and liberties of its citizens, apo however said it was difficult to imagine that in a country like ours, exists a law which makes a mockery of the basic human rights. It is with great pride that we present to you the penultimate issue of the third volume of the world journal on juristic polity as was the case with the inaugural issue, this issue was exclusively screened to some of the greatest legal and political luminaries in india and the issue is being published after analyzing and incorporating their views and comments on the same. However, it is difficult to imagine that in a country like ours, exists a law which makes a mockery of the basic human rights the recent violence in kashmir triggered a nationwide debate on the validity of the armed forces (special powers) act, 1958, popularly known as afspa. It has come at a time when for the first time the un human rights office in geneva has gathered the courage to issue a report on the blatant and massive violations of human rights in kashmir, a long overdue international recognition of the desperate situation in the valley of kashmir.
By elevating and protecting human rights violators and engaging in smear campaigns against democratic nations, the unhrc makes a mockery of itself, its members, and the mission it was founded on. A law like afspa has no place in a modern democratic and welfare state constitutional aspect of right to life, liberty and dignity with respect to afspa the birth of indian constitution and universal declaration on human rights is nearly. Thus, the court, without expressly saying so, labelled the situation in manipur, which has been declared as a disturbed area under afspa since 1958, as a mockery of our democratic process. Last year, the justice santosh hegde commission, mandated to examine extrajudicial executions in manipur, noted that afspa had made a mockery of the law international criticism has been as sharp with several un special rapporteurs, and international human rights bodies urging new delhi to repeal the law.
The truth is afspa itself is illegal and takes away citizen's fundamental and human rights and such illegal framework is not needed for army to use force gen dyer to use massive lethal force of the colonial state in jallianwallahbag did not need afspa. International and national human rights groups and activists, including amnesty international, have called for the afspa's repeal for years, with little purposeful response or definitive action from the government. Noting that the use of the afspa was being done by making mockery of law, the commission has noted that there was gross abuse of the act and encounters being carried out in the north-eastern state. Organization for minorities of india was founded in 2006 to advance individual liberties of christians, buddhists, dalits, muslims, sikhs, and all mulnivasi people of south asia by encouraging secularism, progressive human rights, liberation of oppressed peoples, and universal human dignity.
We must repeal afspa to begin to heal kashmir, and to enhance india's moral stature and that of the army, says ajai shukla a kashmiri girl passes by a security personnel standing on guard on a. 1 a draconian law: the afspa is a piece of colonial legislation that gives the armed forces of india unfettered power: (i) to use lethal force on civilians even to the extent of causing death on mere suspicion that they may cause breach of any law or order, (ii) to search any dwelling places by breaking them on mere suspicion without warrant and (ii) to arrest people without warrant and to. Welcome log into your account your username your password. This is an appeal to the subscribers, contributors, advertisers and well-wishers of economic and political weekly (epw), published by sameeksha trust, a public charitable trust registered with the office of the charity commissioner, mumbai, india. Stacked on a dining table which doubles up as a workdesk in the office of human rights alert lie postcards written by schoolchildren in manipur and addressed to prime minister narendra modi, urging him to repeal the armed forces special powers act and save democracy in india.
Whether afspa goes away or continues to haunt the collective psyche, people will always remember pebam chittaranjan fondly who has been given a befitting sobriquet the human torch it was on august 15, 2004 pebam chittaranjan took the extreme step of self-immolation following the brutal rape and murder of thangjam manorama in june same year. New delhi: irom sharmila, who has been on fast for about 12 years demanding repeal of controversial afspa and was flown in to new delhi from manipur to appear in a court case of attempted suicide, said the voices of protest cannot be ignored for long. Afspa, which gives the central armed forces unbridled power to arrest, use force and even kill people on mere suspicion, is a colonial legacy that makes a mockery of the claims of being a liberal. The united states is midway through a three-year term on the council, which is intended to denounce and investigate human rights abuses a us departure deprives israel of its chief defender at a.
The un human rights chief said he would recommend establishment of a commission of inquiry to look into the rights abuses in the disputed jammu and kashmir state including the afspa and the. Afspa in north east india and mockery human right the powers that the afspa extends to the armed forces come into force once an area subject to the act has been declared disturbed by the central or state. New delhi, india (july 24, 2013): an independent panel set up by india's supreme court to investigate six alleged extrajudicial executions in the northeastern state of manipur has found damning evidence of impunity and abuse of special powers by security forces, resulting in widespread human. A court here on monday framed charges against irom sharmila, who has been on fast for about 12 years demanding repeal of controversial afspa.