Anjuman Ara Begum is Ph.D scholar of Department of Law, Gauhati University, Assam, India and the Regional Research Associate for the North Eastern states for South Asia Forum for Human Rights for the Project Understanding Impunity. She has researched the armed conflict in North Eastern states and its impact on civilians since 2004. Kashif-ul-Huda of TwoCircles.net interviewed her about her research. Opinions given are her personal. Read some of the cases after the interview.
Q: Why were you interested in this investigation?
A: There is a total absence of systematic research on the human rights violations by armed forces. Court cases and their judgments are never analyzed using the human right frame work. In our investigation we used incident forms of about 70 pages, recorded the interviews and then analyzed with human rights standards. This is done with an aim to find the different levels of impunity starting from filing/ non-filing of FIR and failures and possibilities of truth, justice and reparation. I was interested in this research because it gives a first hand account of the ground realities and to see how the law works at different level.
Q: What are some of the findings?
A: We found that laws are blatantly violated by the state actors as well as non-state actors. Victims are mostly from marginalized section of the society with no education and no sound economic background. Most of the victims are not aware of the legal system and culture of impunity is deep rooted and very often they were intimidated if they sought legal resort.
In cases of sexual violence it is attached with social notion of honour and dignity and hence women don’t want to speak. Many cases of sexual violence are not reported at all and chances of not reporting are high if the victim is unmarried.
There are about 17 cases of disappearance in Manipur. Cases of “secret killings” in Assam are not investigated and KN Saikia inquiry commission report says that there is nexus between the surrendered militants and state forces in conspiring the killings of innocent family members of ULFA activists.
A mother remembers her missing child
Q: What are the states that you covered under this research?
A: Till date three states Assam, Nagaland, and Manipur. We are aiming to cover Tripura next year.
Q: What about violence and torture on innocents perpetrated by the militants?
A: Yes, that is one major issue raised by many in Assam we found people constantly demanding the accountability of non-state actors. Non-State actors or militants are not under impunity laws, as one doesn’t need sanction to file case against a militant. But non-State actors are enjoying impunity as there is no mechanism to hold them accountable.
Non-State actors commit human rights abuses and remain outside accountability despite harsh laws that aim to prosecute and punish them. It would be useful to identify common issues of human rights violations by both the State and non-State agencies and both to be accountable for. I think they should definitely include rights to life, liberty and expression; freedom of conscience, movement and sexual rights.
Visit the link for our position on the accountability of non-state actors:
http://www.safhr.org/impunity/index.php?option=com_content&task=view&id=10&Itemid=14
Q: Give us an idea of the scope of this human rights abuse by armed forces and militants?
A: The state of impunity, understood as the freedom to commit violent acts normally subject to penal process, which the State agencies in South Asia routinely enjoy, and the attendant loss of remedies under the law the victims of such violence suffer and their implications for the rule of law concepts have for long been under debate and indignant activism in human rights and civil society circles.
There are laws in Indian penal code like section 197, 45, Armed Forces Special Powers Act etc that require ‘prior’ sanction for legal proceedings against an army. These laws are in force for the last 50 years in the Northeast India.
Now it is difficult to give exact number or data as these laws give wide scope for abuse. Arrests are rarely made official and there is total de facto immunity. The home ministry in its annual report has provided some data of human rights violations by both State and non-State actors which shows that civilian deaths are highest in Northeast India.
| Militancy in North East India | ||||
| Year | Incidents | Extremists killed | Security personnel killed | Civilians killed |
| 2001 | 1335 | 572 | 175 | 600 |
| 2002 | 1312 | 571 | 147 | 454 |
| 2003 | 1332 | 523 | 90 | 494 |
| 2004 | 1234 | 404 | 119 | 414 |
| 2005 | 1332 | 405 | 70 | 393 |
| 2006 | 1366 | 395 | 76 | 300 |
Q. What is the effect of all this violence on the society?
A: When society is highly militarized women and children suffer most. Children suffer due to trauma. School buildings are used as army camps that affect their education.
Many children are kidnapped and recruited forcefully by the militants. Women are sexually assaulted. There are cases of mass rapes where 37 women were raped by army. No justice for such victims. Heavy deployment of security personnel could not give a feeling of security among the masses.
Some of the cases:
Case of Imanat Ali
Address: Keikhu Moning Leikai
PS Porompat
Imphal East
Manipur
Mother of Imanat Ali, developed amnesia as a result of trauma
Imanat Ali, aged 40 years, Class IX passed, was a construction worker (Mistri) by profession.
Imanat was working at Commando complex at NOT AOC near Khumalampak, Imphal East district. One called Ramlal employed him there. He had three brothers and three sisters. One brother Altaf Ali@Sana was a PULF member (later killed in an encounter). Imanat was married and is survived by his wife Mumtaz and two children. Mumtaz is house wife and the two children are sons Izatul Ali, 2 years and Arafat Ali 1 year and 4 months old. 8 family members were dependent on him. His earned about 7 thousand per month.
On February 5, 2007, Imanat went to work and didn’t return home. Family came to know from other workers that he was called by an unknown person from the work site. Imanat was carrying his cell phone and money. Ramlal gave him money to be distributed among the labourers on the construction site. Next day his bullet ridden body was found in Pangkong Hillside, Impahl East. His body was discovered by a local person at around 9 am. There were 3 bullet marks at the head, stomach and thigh. His hands and legs were tied up. Police kept the body in the morgue. Family received the body on February 7, 2007.
FIR was filed in the Porompat police station. There were protests against the killing. A Joint Action Committee (JAC) was formed. Memorandum was submitted to Chief Minister. Till date CM has not responded to the memorandum. Syeda, sister of Imanat Ali sold her gold jewelry and gave Rs. 3500 to the members of JAC for traveling and other expenses. Till date no response from JAC. Police initially asked the family to meet them again after three months. Due to financial hardship the family could meet police only after 6 months. Police informed them that the time is over and they cannot do anything now.
Mother of Imanat is depressed and traumatized. She developed amnesia and cannot recognize people any more. Father got heart attack after the incident and about Rs 3000-4000 is spent for each check up. Syeda is also depressed and traumatized. All the earning members of the family are killed and now the family has no alternative income for sustaining themselves.
Case of Md Zabir
Khergao Awang Leikai,
PS Porompat
Imphal East
Manipur
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| Mother of Md. Zabir, suffering from amnesia and depression after Zabir was killed by the Manipur Commandos | Abdul Kader, Zabir’s father |
Md Zabir was the son of Abdul Kader and Majbul Bibi and was 26 years old. He was class VIII passed and an auto rickshaw driver by profession. He earned about Rs. 2400 per month and five family members were dependent on him. He was married one month ago and his wife Sajina, 18, hails from Khergao Awang Sabal Leikai. She is unemployed.
On May 12, 2008 at around 3-30 pm, Zabir went to the auto parking at the Khergao market to buy motor parts. Manipur police commandos in uniform came in gypsy and bikes. They picked up Zabir at around 4 pm and he was killed around 5 pm. Villagers in the market have witnessed the incident of picking up but did not want to testify due to fear. Zabir was carrying a mobile phone and two thousand rupees. He made a phone call to his brother in law, Ibemcha and asked him to save him from the custody of the Police Commandos. Nikah of Zabir’s elder brother was due on that day. Police later on said that he was killed in an encounter.
JAC has been formed and a memorandum submitted to Chief Minister. No FIR has been filed. The family wants to know the perpetrators and demands justice as Zabir was innocent. Zabir’s mother is sick cannot recognize people any more. The family has spent Rs 10,000 on her treatment.
Case of AK Bipinchandra, 13 years
Village: Thoubal Kiyam Siphei Amurejam,
Thoubal District
Manipur
Father: Ak Ebohal
Mother: Ak Ongbi Medha
Mother of Bipinchandra grieves for her son who wanted to be a Navy officer, now a child soldier for an insurgent group. Manipur August 19, 2008
Bipinchandra is a student of class – VIII in Catholic English School situated near Manipur University. Bipinchandra went out to play football nearby and went missing since then.
Parents of both Ajay and Bipinchandra went to Myanmar and met two men, one being Sunil, a People’s Revolutionary Party of Kangleipak (PREPAK) cadre. Sunil informed the parents that the children came at their own will and PREPAK (GS) did not force them. Mother of Bipinchandra asked Sunil that she will accept it if the children testifies it before TV. Sunil laughed at her plea. The militants also threatened if any protest meeting is held.
The protest is still on. Local Meira Paibis held sit is protest in the village. No further communication with the group.
[Photos and case descriptions courtsey of Anjuman Ara Begum]
Link:
South Asia Forum for Human Rights: http://www.safhr.org/