Encounters of the eastern kind

Insurgency is an all-weather excuse for extra-judicial killings in Assam

Teresa Rehman
Guwahati
http://tehelka.com/story_main30.asp?filename=Ne260507Encounters_of.asp

Even as Gujarat lies shamed by the exposing of its record of fake encounters, 
insurgency-ridden northeast India has its own unending list of horror stories. 
The region, which has witnessed counter-insurgency operations by the Indian 
Army since 1950, has a long history of fake encounters, custodial killings, 
disappearances and torture. What’s more, several court verdicts have favoured 
the victims and ordered compensation to the aggrieved families, thereby 
directly indicting the Army and the administration.

The situation in the Upper Assam town of Doomdooma is still tense over the 
killing of Budheswar Moran, a tea garden night watchman, on May 5 this year by 
soldiers of J&K Rifles. In protest, people have blockaded National Highway 37 
and the district administration has clamped an indefinite curfew in the area. 
The Army has admitted the killing of Moran was “unfortunate” and has ordered a 
probe to punish the guilty. Assam Chief Minister Tarun Gogoi has also ordered 
an inquiry into the incident.

The Moran episode is reminiscent of the encounter death of Ajit Mahanta in 
February last year. Mahanta, a daily wage earner and resident of a village near 
Kakopathar in Tinsukia district, was picked up by the Army and his body was 
dumped outside a hospital in Dibrugarh. Mahanta’s death triggered mass 
protests, and eight persons including crpf personnel were killed in the ensuing 
agitation.

The Indian Army has been under constant fire over allegations of rights 
violations, rape, torture of innocent civilians, sexual abuse and theft. The 
draconian Armed Forces (Special Powers) Act, 1958, continues to be in force 
across the region.

But are such incidents a natural outcome of long years of unresolved conflict? 
Monirul Hussain, a political scientist at the Gauhati University, says the 
State cannot absolve itself of its constitutional and moral responsibilities. 
“The State has a responsibility and a legitimacy and is bound by the 
Constitution. It cannot engage in killing of innocent people.” He says those 
guilty of “secret killings” during the regime of former chief minister Prafulla 
Mahanta should be brought to book.

Bijon Mahajan, an advocate at the Gauhati High Court who mostly handles such 
cases against the Army, says, “Assam is a land of fake encounters, 
disappearances and custodial deaths. There have been several cases of human 
rights violations by the State machinery in the name of counter-insurgency 
operations and the courts have issued compensations for such abuses.”

The 28-page book of rules urges soldiers to deal with situations carefully and 
with restraint, as they are dealing here with their “own people” and not with 
enemy soldiers. There are also special instructions on how to conduct oneself 
in situations involving women, including women militants.

» Writer’s e-mail: [EMAIL PROTECTED]
May 26 , 2007

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