Indian Holocaust My Father`s Life and Time - Eight HUNDRED FIFTY ONE
Palash Biswas
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When life comes to its end
You, please transport
My lifeless body
Place it on the soil of Father Koubru
To reduce my dead body
To cinders amidst the flames
Chopping it with axe and spade
Fills my mind with revulsion
The outer cover is sure to dry out
Let it rot under the ground
Let it be of some use to future generations
Let it transform into ore in the mine
I'll spread the fragrance of peace
From Kanglei, my birthplace
In the ages to come
It will spread all over the world.
-lrom Sharmila
Mongoloid People of India from the North East have succeeded an Indian identity thanks to the Magnificent Kuki Mother whom we the so called mainstream people of India and specifically government of India have been reluctantly denying as Indian citizen. This is the golden element of the Bronze won by our Mary, reincarnation of another Irom Sharmila, identity of the AFSPA region North East.
The Parliament is in session with excellent floor adjustment. Anti people Legislation like draconian Land Acquisition Bill drafted to boost realty and builder promoter raj favouring heavily corporate India and MNCs are under pipe line.
This Morning Mr Makkar from New Jersy, united states of America called me and talked for almost an hour. he gave awesome details of military state USA, where most of national resources and revenue are spent on Americ`s army Bases world wide at the cost of majority suffering Americans. The Failed American War Civil war Economy is adopted in India. Willard Mitt Romney (born March 12, 1947) is an American businessman and politician who is the presumptive nominee of the Republican Party for President of America, speaks out that he has to fix US foreign policy consulting with Israel. America is at the verge of starving and our ruling hegemony is replicating America with its economics of genocide. The Militarisation of Indian state is nowhere more exposed than in the North East, Kashmir, the Himalayas and the Central India aborigine humanscape. But the crisis is deeper in the North East as it has a Mongoloid identity. Celebrity like Baichung Bhutia feels confused with this Identity and feels to be deprived of Indian Citizenship.Baichung Bhutia is Mongoloid race or same race as chinese, japanese, korean. The Himalayan region from Nepal and northeastern states of India.The Americanised state has made the people of the North East not only foreigners but also enemies of Indian people. Just one story may not be enough to tell the truth. Hence, asking for your apology , I chose to write on Mary , the Kuki woman once again.She might have had to settle for a bronze medal after losing in the Olympics semifinals but woman boxer M C Mary Kom (51kg) has won accolades from her fellow Manipuris for her grit and determination at the big event.Bhutia has hailed Mary as the new identity of Mongoloid people in India.He describes Mary`s pligh as a great Indian social story. He says that Mary belongs to the same North east where he himself belongs and suffers from Identity crisis as an Indian. We should have the heart and mind to understand the theme greater thatn the DOW Chemicals sponsored olympic Blitz inflicted with fraud to sustain Zionist Supremacy of the West.
Mongoloid[1] is a term sometimes used by forensic anthropologists and physical anthropologists to refer to populations that share certain phenotypic traits such as epicanthic fold and shovel-shaped incisors and other physical traits common in East Asia, Southeast Asia, North Asia, Central Asia, the Americas, the Arctic and parts of the Pacific Islands and South Asia. The word is formed by the base word "Mongol" and the suffix "-oid" which means "resembling". It was introduced by early Racial science primarily to describe various central and east Asian populations, one of the proposed three major races of human kind. Forensic anthropologists continue to use them in some contexts, outside of physical anthropology the term mongoloid is now often considered derogatory.[2][3][4](http://en.wikipedia.org/wiki/Mongoloid).
"It's a small medal... I tried my best to better it, but couldn't. I am happy though."
MC Mary Kom had to be content with a bronze medal, but there is little doubt that she is India's golden girl. Mary went down to home favourite Nicola Adams 11-6 in the 51kg category at the London Olympics. But very few non-British boxers have enjoyed crowd support as Mary did on Wednesday. She received a standing ovation when she left the ring after the bout.
During the bout, though, Mary had to face a hostile Adams. The Briton had beaten her once earlier and had the backing of a vociferous British crowd. Adams came into the ring knowing the fight was hers to lose and did not disappoint her fans. She used her long reach to her advantage, forcing Mary to take the initiative and then used her lethal right-hand jab.
"I did not start well, but I tried to make a comeback in the third and fourth rounds. I thought I had landed many punches, but the scoreline did not show that. A silver or gold would have been great, but I am satisfied with this. It's been a long 12-year struggle to be at the Olympics," Mary said.
"Magnificent Mary", from Manipur, fought bravely but just could not! Mary Kom's entry into the Olympics united the Nagas, Meiteis and Kukis of Manipur who swept aside their political differences and collectively prayed for her victory, says Worngam Siro, a Tangkhul Naga who runs a retail shop in the city.It is a rare achievement that Mary1s fit united the divided Manipur and perhaps rest of India. Boxer Mary Kom's Olympic bronze has made her the queen of hearts back home.
Five time world champion and likely flag-bearer in the London olympics Mary Kom is likely to be made a Lieutenant Colonel of the territorial army. She is the first sportswoman to be honoured in the way Kapil Dev and M S Dhoni have been honoured.
Moments after referee David Llaurado raised Nicola Adams' left arm to signal her victory in a semifinal bout of the 51 kg women's flyweight boxing event in the London Olympics on Wednesday, Manipur was plunged in darkness. Literally and metaphorically.Here you are, just see how Manipur survives,Punching above her weight, the North Eastern State's — and India's — favourite daughter, Mary Kom had just lost the chance to advance to the final of the competition, losing 6-11 to the younger and taller Briton. Manipur normally gets electricity for just a few hours a day but the authorities kept the grid running long enough to allow Mary's fans to watch the match live. Seconds after she lost, the lights went out.
The story of Magnificent Mary is mixed with cruel reality of the pers\cution of the entire North East, idenity crisis of the Mongoloid people, segregation of the tribes and essentially Manipur under AFSPA Umbrella and so farTweleve years long continuous hunger strike by another Manipuri Iron Woman Irom Sharmila. If we are real patriots and are concerned with the future of India , we should understand the phenomenon.
The Koms, the proud tribe to which ace pugilist Mary belongs, is one of the smallest communities in Manipur. But Magnificent Mary's Olympic feat has put this tiny tribe of 20,000 in focus.
Friends and relatives who had gathered at the five-time world champion's village, Langol, in Imphal West, bore her defeat to a quick-footed opponent with a heavy heart, although they put up a brave face.
Mary's father Tonpa, who had travelled all the way from his village Kangathei to watch the match with friends and family in Imphal became emotional. But he soon recovered, saying, "What has happened has happened. I am sad that she lost the silver, but am very, very happy that she won the bronze."
On the streets of Manipur, men, women and children wore their feelings on their faces. For, the ones that had gathered in front of television screens seemed to have been certain in their minds that they would be celebrating a famous win for their champion pugilist.
"All of us feel very proud because such a talented boxer has achieved so much from our small State. All the Koms and Kukis and Meiteis are my brethren because we are the same," he said.
This was Mary's second loss to Nicola. The Manipuri mother of two had earlier lost to her in the quarterfinals of the last world championship in a tournament that was the qualifying event for the Olympics.
Even though Mary is a five-time world champion in the 45 kg, 46 kg and 48 kg categories, she had to fight well above her weight at the Olympics in the 51 kg (flyweight) event and she had had to train specifically for the higher weight category.
"Whether she lost or won, does not matter. But she has put Manipur on the map of the world, and we are extremely proud of her," said Satyananda Meitei, one of her fans.
"This is a game and such things happen," said another fan with tears in his eyes.
Despite formidable odds, Mary worked hard to reach this far. "But all is not lost, there will be a next time," said Satyananda.
Ibomcha Singh, who coached Mary, said she had reached thus far through dedication, determination and discipline.
By and large the hill people of North East India, who belong to the Mongoloid race are listed in the Constitution of India as Scheduled Tribes; known in common parlance as tribal. There are several divisions, sub-divisions and minor divisions of Indian Mongoloids living in North East India and an overwhelming majority of the said divisions- except some comparatively advanced communities like the Meiteis of Manipur, Ahoms of Assam, etc, are in the Scheduled List as tribal. In spite of this artificial separation the existence of a strong feeling of affinity among the various Mongoloid people of North East India can be seen on closer observation. Economically, they are much below the National average. Ignorance of one's potentialities and the bountiful natural resources in their own surroundings, absence of motivational program and lack of skill for gainful and more remunerative employment opportunities are simply the hallmarks of such tribal families living in the far flung and remote areas of the North Eastern States
Magnificent Mary is a KUKI tribal indigenous Mother.The Kukis are an ethnic group that spread throughout the Northeastern region of India, Northwest Burma and Chittagong Hill Tracts in Bangladesh. In Northeast India they are present in all the states except Arunachal Pradesh. This dispersal across international borders is mainly attributed to the British colonial policy.[1] According to Lt. Colonel Shakespeare[2][page needed] the term 'Kuki' has a definite meaning and include Aimol, Koireng, Kom, Purum, Gangte, Vaiphei, Simte, Paite, Hmar, Thadou, Zou,Sakachep (Khelma), Halam, Reang, Bawm, etc. G.A. Grierson in Linguistic Survey of India, 1867 stated that the tribes connoted by Kuki are able to understand others dialect.The term Kuki, in literature, first appeared in the writing of Rawlins when he wrote about the tribes of the Chittagong Hill Tracts. It refers to "Hillsmen" comprising numerous clans. These clans share a common past, culture, customs and tradition. They speak in dialects that have a common root language belonging to the Tibeto-Burman group.[3] The Kukis have Mongoloid features and are generally short-stature with straight black hair and dark brown eyes. The different Kuki clans are recognised as scheduled tribe of India.[4] This tribe recognition is based on the dialect spoken and region. They spread out in the contiguous regions of Northeast India, Northwest Burma (Myanmar), and the Chittagong Hill Tracts in Bangladesh. They are most prominent in Manipur, Nagaland, Assam and Mizoram. Kuki is composed of many different entities and clans.
Eminent Social Activist himanshu Kumar wrote on Face book:Whole Indian nation is proud of its Manipuri daughter Marry Com on securing a bronze medal in Olympics. This is the same Indian society which never heard cries of its other Manipuri daughter Manorama, who was raped and killed by Indian Army men. This Indian nation never bothered to look at its other another daughter Irom Sharmila either, who is starving for last eleven years.
"With her achievements, Mary has put us on the global map. We are really proud of her. Her victory has inspired us to groom more champions like her from among budding Komrem talents," said Achon Kom, a resident of Koirenthak Khuman, a hamlet in Churchandpur district. In Mary's native village, Kamahi , 40km from Imphal in Churachandpur, a carnival is on with everyone joining in for the celebrations.
"She is a five-time world champion and has won many medals. But winning an Olympic medal is an altogether different story. She has done Manipur, especially Kangathei, proud. Until now we were just a lesser-known tribe but her win has catapulted us to fame. When she returns from London with a medal, we will celebrate her victory in the most befitting manner," said S Kom, a resident of Kangathei.
The Koms are neither a Naga nor a Kuki tribe.But they speak in Kuki language and have to sutain themselves with Kuki identity.They are part of Komrem, a conglomerate of six sub-tribes , whose total population is around 35,000. The other five Komrem tribes are Kharam, Chiru, Aimol, Koiren and Purum. The Komrem tribes are mostly settled at the foothills of Churchachandpur , Bishnupur, Imphal West, Imphal East and Chandel districts surrounding Imphal.
Achon Kom, the secretary of Kom Culture Dance and Research Centre, said the tribes believe that the name 'Kom" was derived from the phrase 'Lu Kakom' meaning 'turbaned people.'
When we have so many ills confronting our region it is quite unfortunate that the Mongoloid people occupying the portions of land known as the seven Sister states, is yet to appreciate the beauty of standing together in an effort to confront three big enemies - Isolation from mainland India, Hunger and hatred and ethnicity. Once and for long period of time ours was a peaceful region. Tempted by the enormous wealth of India, the East India Company, on the initiative of 24 merchants of London with 125 shareholders, was established on 24th September 1599. The speed with which the EIC grew in amassing wealth and influence finally led to the direct involvement of the British crown for permanent establishment of the British rule in India. The disintegration of Mughal Empire after the death of Aurangzeb in February 1707, defeat of the allied army at Buxar on October 22, 1764, paved the way for further annexation of the divided Indian princes by the British crown without much difficulty. In spite of the failure on the part of Indian princes to give a befitting resistance to the ever advancing British hegemony against the Indian soil, the Kukis of Manipur rose up and fought against the British for 2 years from 1917-1919 protecting the Independent Hill country/the Kuki Country, also known as no man's land. When subdued through brute military force of the British crown, the brave Kuki warriors preferred to be sent to jail and not surrendered. They simply gave up the war because they had lost their heart and home and spent out food and ammunition. History would testify to the fact that no other forces from the region dared challenge the British hegemony except the independent loving Kukis, who valued their sovereignty more than anything else. This being a historical fact no explanation is considered necessary here. This incident recorded as Kuki Uprising became an important factor that compelled the British crown to revise its administrative policy in the North Eastern region of India in particular. The signing of merger agreement by the Maharaja of Manipur has been deemed exclusively for the valley area only and but not the Kuki occupied areas as the same was stiffly opposed by them. In spite of the Kuki people occupying such unique position in the History of India's Independent movement, Manipur and India miserably failed to understand the unique history of the Kukis in defending the land. A proper revisit of the past is the need of the hour. To me this is nothing but an act of sheer tribalism.
Mind you,Manipur, though small in size, is unique in respect of its ethnic composition, for the unnaturally situated, oval shaped valley that constitutes approximately 10% of the State is populated mainly by the core community – the Meiteis and also sporadically doted with the villages inhabited by the Kabuis and Manipuri Muslims.
Whereas the hilly regions that are administratively divided into five districts have poly-ethnic populations comprising twenty-nine recognized Scheduled Tribes and some other tribal communities who are still seeking for the official recognition of their ethnic names.
The twenty-nine Scheduled Tribes of Manipur, as per the Constitution with regards Scheduled Caste and scheduled Tribes Lists (modification) Orders 1956, Part X Manipur, are Aimol, Anal, Angami, Chiru, Chothe, Gangte, Hmar, Kabui, Kacha Naga, Koirao, Koireng, Kom, Lamgang, Mao, Maram, Maring, Lushai tribes, Monsang, Moyon, Paite, Purum, Ralte, Sema, Simte, Sukte, Tangkhul, Thadou, Vaiphei and Zou.
It is worth recalling that the aforesaid list of Scheduled Tribes of Manipur is the modification of the constitution (schedule tribes) [Part C State] Orders, 1951, the scheduled Part VI- Manipur where in included only umbrella terms like any Naga tribe, any Kuki tribe and any Lushai tribe as scheduled Tribe names without the specific ethnic names of the different tribal communities of Manipur.
Among the tribal people who have recently asserted their separate ethnic identities and demand the inclusion of their ethnic names in the list of Scheduled Tribes of Manipur, mention may be made of the Mates, the Paomeis, the Chongthus, the Kharams, the Taraos and Inpuis. It may be mentioned here that the term Inpuis is the ethnonyme preferred by the people in hive of the ethnic name Kabui Naga already enlisted in the Scheduled Tribes list of Manipur.
In accordance to Wikipedia,the presence of Mongoloid groups in North-East India had been attested as early as circa 500 BC in ancient Indian literature, such as the Vedas and Mahabharata, and many of these Mongoloid groups are believed to be indigenous to the region.[5] Some believe that the Kuki people, however, may have made a southwesterly migration to the sub-Himalayan region of north-eastern India and north-western Burma. These tribes speak Tibeto-Burman dialects. Today the Kukis are dispersed in Northeast India, Northwest Burma and the Chittagong Hill Tracts in Bangladesh. With regard to Kuki identity, Prof JN Phukan[6] writes, If we are to accept Ptolemy's "Tiladae" as the Kuki people, as identified by Gerini, the settlement of the Kukis in the North-East India would go back to a very long time in the past. Prof Gangumei kabui[7] states, 'Some kuki tribes migrated to Manipur Hills in the pre-historic times along with or after the Meitei advent into the Manipur valley'. This hypothesis will take us to the theory that the Kukis, for that matter, The Mizos, at least some of their tribes, have been living in North-East India since prehistoric time.
An important landmark in the history of the Kuki people with considerable social, cultural and political ramifications is the arrival of missionaries and the spread of Christianity among the Kuki's. The acceptance of Christianity marks a departure from their many tribal customs and traditions, and along with the spread of English education, heralds the arrival of modernity within the Kuki People. The first foreign missionary ever to have landed on the soil of Manipur on the 6th February, 1894 was William Pettigrew, sponsored by the American Baptist Mission Union. He, together with Dr. Crozier, worked together in the North and the Northeast of Manipur. In the south, Watkins Robert of the Welsh Presbytery mission organized the Indo-Burma Thadou-Kuki Pioneer Mission in 1913. To have a broader scope, the mission's name was changed to North East India General Mission (NEIGM).[16]
The first resistance movement by the Kuki people was the Kuki Rebellion of 1917-19. Which was against the British hegemony. Kuki country was subjugated by the British and divided between British India and British Burma administrations following the 'Kuki Uprising of 1917-19'.[17] Up until the defeat in 1919, the Kukis were an independent people ruled by their chieftains. During WWII, seizing the opportunity to regain independence, Kuki fought with the Imperial Japanese Army and the Indian National Army led by Subhas Chandra Bose. The success of the Allied forces over the Axis group dashed the aspiration of the Kuki people.[citation needed]
Armed Forces (Special Powers) Act, 1958
From Wikipedia, the free encyclopedia| * | This article is written like a personal reflection or essay rather than an encyclopedic description of the subject. Please help improve it by rewriting it in an encyclopedic style.(October 2010) |
The Armed Forces (Special Powers) Act (AFSPA), was passed on September 11, 1958, by the Parliament of India.[1] It grants special powers to the armed forces in what the act calls "disturbed areas" in the states of Arunachal Pradesh, Assam, Manipur,Meghalaya, Mizoram, Nagaland and Tripura. It was later extended to Jammu and Kashmir as The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in July 1990.[2]
Contents[hide] |
[edit]The Act
The Articles in the Constitution of India empower state governments to declare a state of emergency due to one or more of the following reasons:- Failure of the administration and the local police to tackle local issues.
- Return of (central) security forces leads to return of miscreants/erosion of the "peace dividend".
- The scale of unrest or instability in the state is too large for local forces to handle.
By Act 7 of 1972, this power to declare areas as being disturbed was extended to the central government.[4]
In a civilian setting, soldiers have no legal tender, and are still bound to the same command chain as they would be in a war theater. Neither the soldiers nor their superiors have any training in civilian law or policing procedures. This is where and why the AFSPA comes to bear - to legitimize the presence and acts of armed forces in emergency situations which have been deemed war-like by local leaders which led to the armed forces' presence in the first place.[3][5]
[edit]Armed Forces (Special Powers) Act
According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to[6]:- Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order, after giving such due warning.
- Destroy any arms dump, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence
- To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest.
- To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.
- Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons.
- Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.
- Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.
- Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.
The Act has been employed in the Indian administrated state of Jammu and Kashmir since 1990.[2] It was withdrawn by the Manipur government in some of the constituencies in August 2004 in spite of the Central government not favouring withdrawal of the act.
In December 2006, responding to what he said were 'legitimate' grievances of the people of Manipur, Prime Minister Manmohan Singhdeclared that the Act would be amended to ensure it was 'humane' on the basis of the Jeevan Reddy Commission's report, which is believed to have recommended the Act's repeal, which never happened.[8]
Violence has increased in the past two decades since enforcement of the Act.[9] The state has created a "Gallantry Awards" pool for the arms forces which are awarded for elimination of insurgencies and conduction of operations. The term 'encounters' is used by the security forces to describe confrontations where it is deemed appropriate, under the provisions of the act, to employ violence.[9]
Protests began in Kashmir valley on Sep 10, 2010, on the occasion of Eid and turned violent on Sep 11, the anniversary of the controversial act. Indian Government is considering partial withdrawal of the act.
[edit]The Jeevan Reddy Commission
In 2004, in the wake of intense agitation [10] that was launched by several civil society groups following the death of Thangjam Manorama, while in the custody of the Assam Rifles and the indefinite fast undertaken by Irom Sharmila, Union Home Minister Shivraj Patil visited Manipur and reviewed the situation with the concerned state authorities. In the same year, Prime Minister, Manmohan Singh assured activists that the central government would consider their demand sympathetically.The central government accordingly set up a five-member committee under the Chairmanship of Justice B P Jeevan Reddy, former judge of the Supreme Court. The panel was given the mandate of "review[ing] the provisions of AFSPA and advis[ing] the Government of India whether (a) to amend the provisions of the Act to bring them in consonance with the obligations of the government towards protection of human rights; or (b) to replace the Act by a more humane Act."
The Reddy committee submitted its recommendations on June 6, 2005. However, the government failed to take any concrete action on the recommendations even after almost a year and a half. The then Defence Minister Pranab Mukherjee had rejected the withdrawal or significant dilution of the Act on the grounds that "it is not possible for the armed forces to function" in "disturbed areas" without such powers.[citation needed]
The 147-page report recommends, "The Armed Forces (Special Powers) Act, 1958, should be repealed." During the course of its work, the committee members met several individuals, organisations, parties, institutions and NGOs, which resulted in the report stating that "the Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high handedness." The report clearly stated that "It is highly desirable and advisable to repeal the Act altogether, without of course, losing sight of the overwhelming desire of an overwhelming majority of the [North East] region that the Army should remain (though the Act should go)."[citation needed]
But activists say the Reddy panel despite its recommendation for the 'repeal of the Act' has nothing substantial for the people. The report recommends the incorporation of AFSPA in the Unlawful Activities (Prevention) Act, 1967, which will be operable all over India.[citation needed] On November 2, 2000, ten people were killed when a paramilitary force opened fire at a bus-stop near Malom in Manipur. Most of those killed were women and students. The firing was followed by a brutal combat operation also. A young lady, too shocked at the anarchical act of the state agencies, decided to begin a fast unto death demanding the repeal of the Act responsible for such brutality on the part of the state – the Armed Forces (Special Powers) Act, 1958. Thus began the fight of Irom Sharmila Chanu, the Iron Lady from Manipur whose fast completed 10 years this year.
The troops of 8th Assam Rifles were deployed in Malom to counter the 'insurgent' attack in the area. Those killed at the Malom massacre were L Sana Devi (60), G Bap Sharma (50), O Sanayaima (50), K Bijoy (35) A Raghumani (34), S Robinson Singh (27), Ksh Inaocha (23), T Shantikumar (19), S Prakash Singh (18) and S Chandramani (17).
Though Sharmila began her marathon fast in protest, the investigation into the Malom massacre has still not yet been completed even after 10 years. Following a directive of the Gauhati High Court, Imphal Bench, in 2004 and 2005, the District and Session's Judge is conducting an enquiry into the incident. On January 7, 2010, a team of the court led by Th Surbala, the District and Session's Judge, Manipur East, conducted a spot inquiry at Malom and investigation is on into the facts and circumstances leading to the firing incidents.
Since November 2, 2000, Sharmila has been arrested under section 309 of IPC which punishes attempted suicide by a one-year imprisonment. She is released every year to be arrested again. A compartment in the Jawaharlal Nehru Hospital has become her virtual nest, where the poet in Sharmila pens her verses. She turned down many requests to end her fast and expressed her firmness to continue her fast till the Act is repealed. She has been awarded with many laurels for her nonviolent contribution towards the human rights movement in north east India.
[edit]Non-state views and commentary
[edit]United Nations view
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. They questioned the constitutionality of the AFSPA under Indian law and asked how it could be justified in light of Article 4 of the International Covenant on Civil and Political Rights, ICCPR. On 23 March 2009, UN Commissioner for Human Rights Navanethem Pillay asked India to repeal the AFSPA. She termed the law as "dated and colonial-era law that breach contemporary international human rights standards."[11]On 31 March 2012, the UN asked India to revoke AFSPA saying it had the no place in Indian democracy. Christof Heyns, UN's Special Rapporteur on extrajudicial, summary or arbitrary executions said "During my visit to Kashmir, AFSPA was described to me as 'hated' and 'draconian'. It clearly violates International Law. A number of UN treaty bodies have pronounced it to be in violation of International Law as well."[12]
[edit]Non-governmental organizations' analysis
The act has been criticized by Human Rights Watch as a "tool of state abuse, oppression and discrimination".[13]The South Asian Human Rights Documentation Centre argues that the governments' call for increased force is part of the problem.[14]
"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 people 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." - The South Asian Human Rights Documentation Centre[15]
A report by the Institute for Defense Studies and Analysis points to multiple occurrences of violence by security forces against civilians in Manipur since the passage of the Act.[16] The report states that residents believe that the provision for immunity of security forces urge them to act more brutally.[16] The article, however, goes on to say that repeal or withering away of the act will encourage insurgency.
[17] In addition to this, there have been claims of disappearances by the police or the army in Kashmir by several human rights organizations.[18][19]
A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2009.
Many human rights organizations such as Amnesty International and the Human Rights Watch (HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances", and torture;[20] the "Armed Forces Special Powers Act", which "provides impunity for human rights abuses and fuels cycles of violence. The Armed Forces Special Powers Act (AFSPA) grants the military wide powers of arrest, the right to shoot to kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that troops need such powers because the army is only deployed when national security is at serious risk from armed combatants. Such circumstances, they say, call for extraordinary measures." Human rights organizations have also asked Indian government to repeal[21] the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order.".[22]The act has been cricised by many non governmental organisations and human rights activists. In J&K only, hundreds of people have been killed by security forces. Many cases of fake killings, binded labors, rapes and other atrocities have come in light.
Activists who are working in J&K for peace and human rights include names of Madhu Kishwar, Ashima Kaul, Ram Jethmalani, Faisal Khan, Ravi Nitesh, Swami Agnivesh, Dr. sandeep Pandey and many others. They all accept that people to people communication and development of new avenues are the only way for peace, however laws like AFSPA are continuously violating human rights issues there.
[edit]United States leaked diplomatic cables
The Wikileaks diplomatic cables have recently disclosed that Indian government employees agree to acts of human rights violations on part of the Indian armed forces and various paramilitary forces deployed in the north east parts of India especially Manipur. The violations have been carried out under the cover of this very act. Governor S.S. Sidhu admitted to the American Consul General in Kolkata, Henry Jardine, that the Assam Rifles in particular are perpetrators of violations in Manipur which the very same cables described as a state that appeared more of a colony and less of an Indian state.[23][24]Earlier leaks had also stated that International Committee of the Red Cross (ICRC) had reported to the United States diplomats in Delhiabout the grave human rights situation in Kashmir which included the use of electrocution, beatings and sexual humiliation against hundreds of detainees. This act is in force in Kashmir since 1990.[25]
[edit]See also
[edit]Footnotes
- ^ "THE ARMED FORCES (SPECIAL POWERS) ACT, 1958"
- ^ a b "(PDF) The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990" Indian Ministry of Law and Justice Published by the Authority of New Delhi
- ^ a b Harinder Singh (July 6, 2010). "AFSPA: A Soldier's Perspective". Institute for Defence Studies and Analyses.
- ^ The Hindu (Chennai, India). http://www.hindu.com/nic/afa/afa-part-ii.pdf.
- ^ Anil Kamboj (October 2004). "Manipur and Armed Forces (Special Power) Act 1958". Institute for Defence Studies and Analyses.
- ^ "(PDF) The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990" Indian Ministry of Law and Justice Published by the Authority of New Deli
- ^ "Naga People's Movement of Human Rights vs. Union of India,1998".
- ^ "Humane garb for 'black law'". "The Telegraph". December 3, 2006. Retrieved September 11, 2008.
- ^ a b IDSA strategic analysis: Armed Forces Special Powers Act
- ^ "MANIPUR ON FIRE". Frontline. September 2004. Retrieved 2011-06-05.
- ^ "United Nations asks Indian govt to repeal AFSPA". IRNA. March 23, 2009. Retrieved 2009-03-24.
- ^ UN asks India to repeal Armed Forces Special Powers Act
- ^ "Crisis in Kashmir" Council on Foreign Relations
- ^ India: Repeal Armed Forces Special Powers Act; 50th Anniversary of Law Allowing Shoot-to-Kill, Other Serious Abuses. Human Rights Watch
- ^ AFSPA South Asian HRDC
- ^ a b Institute for Defense Studies and Analysis, 'Manipur and Armed Forces (Special Powers) Act 1958' "the alleged rape and killing of Manjab Manorama", "security forces have destroyed homes", "arrests without warrants", "widespread violations of humane rights", "The cases of Naga boys of Oinam village being tortured before their mothers by Assam rifles Jawans in July 1987; the killing of Amine Devi and her child of Bishnupur district on April 5, 1996 by a CRPF party; the abduction, torture and killing of 15-year-old Sanamacha of Angtha village by an Assam Rifles party on 12th February 1998; the shooting dead of 10 civilians by an Assam Rifles party in November 2000 are some of the glaring examples that are still fresh in the mind of Manipuris."
- ^ "Blood Tide Rising". TIME Magazine. January 18, 1993.
- ^ India
- ^ BBC NEWS | World | South Asia | Kashmir's extra-judicial killings
- ^ Behind the Kashmir Conflict - Abuses in the Kashmir Valley
- ^ India: Repeal the Armed Forces Special Powers Act
- ^ Behind the Kashmir Conflict: Undermining the Judiciary (Human Rights Watch Report: July 1999)
- ^ Nambath, Suresh (March 21, 2011). "'Manipur more a colony of India'". The Hindu (Chennai, India).
- ^ http://www.thehindu.com/news/the-india-cables/the-cables/article1556742.ece/ref>
- ^ Burke, Jason (December 16, 2010). "WikiLeaks cables: India accused of systematic use of torture in Kashmir". The Guardian (London).
[edit]External links
 * | Wikisource has original text related to this article: |
- Presentation on Armed Forces (Special Powers) Act, 1958 by Major General Nilendra Kumar, Director, Amity Law School Noida
- Coverage on website of South Asia Human Rights Documentation Centre
- "Armed Forces Act to go from Imphal" - rediff.com article dated August 12, 2004
- Interview with Arundhati Roy on Manipur and the AFSPA, on Democracy Now
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