Article 7 of the Universal Declaration of Human Rights, 1948, which says that all are equal before the law and are entitled without any discrimination to equal protection of the law.
AFSPA is against this Article, so it should be removed at any cost, no need to amend it, the only measure should be taken is "remove it".
Gross violation of HRs in Manipur is witness of discrimination between people and a reason for mass destruction of resources.
Violation of HR & Fundamental rights
People are slaves, no people are the mode of fulfilling all the political wishes of leaders and legislature.
Clear and transparent violation of HR and so called "Fundamenta Rights" still no steps h been taken by Defence ministry and UOI.
1 security man for every 50 PEOPLE in Manipur.
An approximate 51,000 Central security men are assisting 5,056 civil police to guard an estimated 25 lakh heads in trouble riddled state of Manipur where around 10,000 armed cadres of more than 39 militant outfits are operating.
This can be estimated as a security man for every 50 heads.
The security man per head can be estimated at a security man for every 36 if state armed security and police are also counted.
The total security men and police can be estimated at around 20,000 newly inducted police and IRB personnel.
A big question...!!!!!!!!!!
Parliamentarian Dr. Chingleput Krishnaswami opposed the act since it violated the rights of the states provided under the concurrent list. While not opposing the requisitioning to Army to quell disturbance, he disputed the provisions of the act since it violated the right of the states to call the Army if they so desired. The Armed Forces (Special Powers) Act provided center with the absolute power to send Army for civilian aid. Thus the question was not of using army to quell disturbance. The moot question that the provisions of the act raised was that now all power was given to the Army and the civil authority divested of all control.
Parliamentarian Mr. Jaipal Singh opposed the act on the ground that it seeks military solution for a question that is essentially political in nature. Just because the act was aimed at what the government termed as a small section of Naga hostiles, it does not make an extraordinary piece of legislation, martial law into an ordinary law.
License to kill
Since its inception the Armed Forces Special Powers Bill (subsequently Act) aims at empowering the Army with special powers to bring normalcy in an area disturbed by insurgency. While introducing the Armed Forces Special Powers Bill Hon’ble Home Minister Mr. G. B. Pant had argued, “…owing to the hostile activities of certain misguided section of Nagas, Government has to take special measures to restore normalcy.” This has become the raison d’etre of the Bill and it subsequent amendments.
Yet the Act has singularly failed in its stated objectives. In spite of the act, militancy has not only continued but also thrived. When the act had been promulgated and imposed on the whole of Assam and Manipur, there was only one militant organization that was based in the Naga areas. Now militancy has spread in the entire original region of its implementation with several militant organizations functioning in the area.
Spread of militancy lie not so much in the imperfect implementation of the Act as in the imperfect nature of the Act. Parliamentarian Dr. Chingleput Krishnaswami had already indicated that in the Act, all power was given to the Army and the civil authority divested of all control. In fact it weakened not only civil authority but also civil space.
Operating under absolute immunity the Army brooked no dissent even when peaceful and democratic. Human Rights activists such as Shelly Charia, Parag Das etc., were found murdered in mysterious circumstances. Prominent journalists such as Ajit Bhuian were subject to humiliating searches and third degree torture. The Army intimidated Mr. Max Phazang, the magistrate presiding over the Oinam case in Tamenlong. Even Chief Ministers, ministers and senior members of bureaucracy have not escaped their ire.
LEGAL INTERPRETATION OF AFSPA
The 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.
Our Defence minister is as shameful as ever
Defence Minister AK Antony has said that the hated Armed Force Special Powers Act ( AFSPA) will remain in Jammu and Kashmir and Northeast as it is necessary to combat terrorism and extremists in the regions.
Buzz up!"As long as the armed forces presence is necessary, they need special provisions. They cannot function without special powers," Antony said.
Antony said the AFSPA will be repealed once there are signs of improvement in Jammu and Kashmir and Northeast.
AFSPA has been viewed as a draconian law by people from Northeast and those in Jammu and Kashmir due to gross human rights violation done by armed forces in the guise of AFSPA.
Irom Sharmila, human rights activist in Manipur has been on indefinite hunger strike for the last 10 years in protest.
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Source:
http://news.oneindia.in/2009/12/18/afspa-to-stay-till-situation-improves-antony.html
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