The Act has no role to play in a democracy, says Special Rapporteur
The United Nations has asked India to repeal the Armed Forces (Special Powers) Act, saying it had no role to play in a democracy.
“The AFSPA in effect allows the state to override rights in the disturbed areas in a much [more] intrusive way than would be the case under a state of emergency, since the right to life is in effect suspended, and this is done without the safeguards applicable to states of emergency,” Christof Heyns, the U.N. Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions told reporters here at the end of his fact-finding mission.
Powerful message
“The repeal of this law will not only bring domestic law more in line with international standards, but also send out a powerful message that instead of a military approach the government is committed to respect for the right to life of all people of the country,” he said.
The AFSPA — in force since 1957 in the North-East and since 1990 in Jammu and Kashmir — has become a symbol of excessive State power.
“I have heard extensive evidence of action taken under this law that resulted in innocent lives being lost, in Jammu and Kashmir and in Assam, where witnesses from neighbouring States also assembled. This law was described to me as ‘hated' and a member of a State Human Rights Commission called it ‘draconian,'” Mr. Heyns said.
While Mr. Heyns visited Jammu and Kashmir, he was not allowed to visit Manipur but met the people from there in Assam. In Gujarat, the authorities at the last minute cancelled the scheduled meetings.
Gujarat pogrom
On the Gujarat violence, he said he had heard evidence regarding a number of instances where inter-community violence had occurred, resulted in large scale loss of life.
“In particular, I have met with people who lost relatives during the Gujarat killings of Muslims in 2002 and Kandhamal killings of Christians in 2007-08,” he said, while adding that deadly violence had been used by Maoists, insurgents and terrorists. “The state has a right to defend itself against such aggression, provided it abides by the international standards. The state, however, cannot adopt unlawful or unconstitutional means or create vigilante force to counter such violence,” Mr. Heyns explained.
Among other kinds of extrajudicial killings highlighted by the UN Special Rapporteur were excessive use of force by police including fake encounters, custodial deaths and traditional practices affecting women such as honour killings, and dowry deaths.
Women, minorities at risk
“Women and minorities — religious minorities, as well as Dalits and Adivasis — as well as human rights defenders, including Right to Information activists, are especially at risk, and their protection deserves special measures.”
Suggesting that a credible Commission of Inquiry into extrajudicial executions be appointed by the government, Mr. Heyns said the panel should investigate allegations concerning past violations, propose relevant measures to deal with these, and work out a plan of action to eradicate practices of extrajudicial executions. He has also recommended a moratorium on the death penalty.
Keywords: Christof Heyns, U.N. Special Rapporteur, AFSPA repeal
This is what happens when we interfere in srilankas internal affairs by stupidly voting with the americans.
Quote India on Thursday voted in favour of a US-sponsored UN Human Rights Council (UNHRC) resolution censuring Sri Lanka for alleged rights violations during the war against LTTE. Unquote
Some moron promptly turns up in India to lecture us on human rights.
The anti lankan vote will come back to bite us very soon as India and not srilanka was the true target of that US sponsored resolution. We foolishly took the bait, hook line and sinker!
Union Home Minister P. Chidambaram replies "Amendments to AFSPA
pending?". What a Silly response from the world largest democracy!
Does decades means pending or just ignored? Justice Jeevan Reddy
report has advised to repeal AFSPA during 2005 not days or few months
or years back. Is the Indian Govt not even ashamed of giving such an
answer like "pending" after decades? Govt are you listening, people
want REPEAL not AMENDMENTS - are you still trying to fool people?
AFSPA is not implemented in Maoist and Naxals areas which reports much
higher violence - WHY??? Now we really doubt if India is really a
democratic country?
India is a hypocrite if on one hand it votes against Sri Lanka in the
Human Rights Council in Geneva, and on the other hand continues to keep
AFSPA alive even after so many instances of Human Rights violations in
the area during the last 50+ years.
I have relatives in the armed forces and Indian air force.I really
respect and honor our police force and military but I also strongly
believe that they should be fully accountable for every deed they do
like any one of us and in all states equally. They are people like us
and there will be always be anti social elements in every group. If we
allow them full freedom, naturally some one will miss use it.
Why are people so upset with UN? people are much more worried of being
told what to do by an external body than for its citizens to have
basic rights? This rule applies to our people .. the Indian people!
First think about this then attack UN please.
Even without such rules in my state, we have few cases of ill
treatment/ miss use of power by police, what happens if these rules
are gone? I am very sure all hell would break loose and then the
people will take things in their own hands.
I strongly oppose AFSPA but I am a proud Indian.
It is true that a body like UN which itself has doubts about its claims about credibility should not interfere in the internal workings of Indian 'Democracy'. But the fact that the act has itself became a force of the extension of state atrocity over the mass of Kashmir, Manipur and Assam needs to be pulled back. Not because of the recommendation of foreign bodies, but by acceptance of the people of the respective states, with due respect to the federal rights of the states. AFSPA had been outrightly rejected by the people of the affected regions and in the last decades it had proved to be futile in curbing insurgency, rather it had become a tool of human rights violation.
I hope the government sort out a better approach. AFSPA is just a
killing machine. All Indians should be treated equally..
What possible interest could the United Nations Security Council have in the repeal of the AFSPA? None. Its not something that affects India's external relations. Moreover this is the recommendation of the UN special Rapporteur on arbitrary Arrest and detention. This act is a tool which gives the Armed Forces unfettered power to detain people without trial. Most affected by this law are Indians.
Whilst i agree that the vote for its repeal should be from within the country, id like to ask if majority of the people are even aware of what arbitrary detention is and secondly if so, whether they even know of the existence of this legislation. The recommendation made the special rapporteur is correct in that the act should be repealed and it is unconstitutional - violating the right to fair trial and the right to be bought before a magistrate on arrest. This nation lacks awareness and targeting the UN for this recommendation as a political ploy to weaken India is a misinformed comment.
Ms.Biswas What happens in India is no better than Africa and China..perhaps you are not aware of the thousands of atrocities committed by AFSPA in the NE region and in Kashmir which amounts from mass rape to sodomy, from the killing of pregnant ladies to unimaginable torturing of innocent boys which as usual remains unheard and covered up among the mainland ..In fact it is a shame for India that she is not able to tackle her own problems despite of the numerous protests taken out to repeal this draconian law which has led the UN's plea to repeal AFSPA. AFSPA is a blot on the world's biggest Democratic country.
Well stated by the UN. Any such draconian law in a democracy is totally
misplaced.How can India boast of her democratic temper if such laws are
enforced and citizens hounded ? Threat of terror acts can never be an excuse to constrict and emasculate freedom and fundamental rights.
It is unacceptable that India's laws should be dictated by a foreign body. The United Nations has no jurisdiction over India's sovereign affairs. What is happening in Africa and China is equal and worse than what India is accused of. Democracy should not be used as a wedge to split up a multitudinous nation. If the Act is revoked, India's own people must ask and vote for it. Has anyone looked into the actual constitution of the UN body now? How many of the voting members have vested interests in seeing India recede in conflicts to the NW, North, East? How many middle-eastern, chinese-backed member nations? We all know how much misuse and abuse of power occurs in India, but to take away teeth and claws from the few institutions that still have the strength to defend the sovereign unity of the nation against those who would break it up from inside and outside would be unconscionable.
True that additional and special powers need to be granted to the army
to tackle the mushrooming insurgency in the NE region.However,since
the application of this method for over 50 years to tackle the insurgency malaise, I think not much fruitful outcome has not been observed to date. What I have seen/heard have been the news about "rape and molest of innocent women by CRPF/Assam Rifles","army assaulting men in their own home","army arresting men from their house at midnight and the men found dead the next morning","army beating women and children indiscriminately in areas where they feel likely presence of militants"...So,the government's measure rather gives more burden to the people's misery in its effort to reduce the burden.And so again,the government needs to adopt an alternate measure by revoking the present measure of granting overriding power to the army. The basic necessity in the government's measure to this end should be to ensure that the army shall not abuse its power.
The government of india and gujarat may not listen to ordinary citizens who abide by the constitution but will respect the UN if nothing else at least for the sake of their public image.
i am glad the un has endorsed the observation made by many indians.
Please Email the Editor