Laws such as AFSPA have no place in India, says Amnesty International

By Twocircles.net Staff Reporter

Srinagar: Days after Tripura government’s decision to recommend withdrawal of the Armed Forces (Special Powers) Act 1958 (AFSPA), the Amnesty International (AI) has asserted at the revocation of the law (AFSPA) from the state of Jammu and Kashmir as well.


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An alleged stone-pelter being thrashed mercilessly by the security forces.For representational purpose only (Photo : Raqib Hameed Naik)

The Amnesty International, in a statement issued on Tuesday, said that the repeal of AFSPA will bring millions in Tripura out of the shadows of one of India’s harshest laws, which threatens human rights and fundamental freedoms guaranteed under the Constitution of India and international law.

“However, the AFSPA is still in force in several other states, including Assam, Nagaland and parts of Manipur, Mizoram, Meghalaya and Arunachal Pradesh. Another version of the law is in force in Jammu and Kashmir,” the statement said.

Almost 18 years, the northeastern state of Tripura announced to repeal AFSPA on May 27. After security forces recently exhaustively reviewed the law and order situation in the state, the council of ministers in Tripura recommended to the Union Home Ministry to issue a notification to withdraw the AFSPA.

Pointing out that the AFSPA provides sweeping powers to soldiers, including the power to shoot to kill in certain situations and to arrest people without warrants, the statement said, “It also provides virtual immunity from prosecution by requiring prior permission from the Central Government before security personnel can be prosecuted. This permission is virtually never given.”

“The law has facilitated grave human rights violations, including extra judicial executions, enforced disappearances, rape and torture and other ill treatment,” the Amnesty International said.

Several international bodies and experts, including the UN Special Rapporteurs on violence against women, extra judicial executions and human rights defenders, have also called for the repeal of the AFSPA from J&K. “Laws like the AFSPA have no place in any part of India,” it said and added, “The Government of India must respect the rights of everyone to justice and equality, and repeal this oppressive law in its entirety.”

A number of Indian bodies, including the Second Administrative Reforms Commission, the Justice Jeevan Reddy Committee and the Prime Minister’s Working Group on Confidence-Building Measures in Jammu and Kashmir have urged the repeal of the law.

The Justice Verma Committee, set up to review laws against sexual assault, said that the AFSPA legitimizes impunity for sexual violence. The Justice Santosh Hegde Commission, set up by the Supreme Court to investigate cases of fake encounters in Manipur, described the law as “a symbol of oppression, an object of hate and an instrument of discrimination and high-handedness.”

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