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claims that it is in favour of the repeal of the Act, also wants to bring in another Act in its place whenever AFSPA is withdrawn and it is very much doubtful that the said Act will not be as draconian as the present one.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