Repeal the AFSPA
Human Rights Watch urges the government of India to repeal the Armed Forces 
Special Powers Act (1958) and the Armed Forces (Jammu and Kashmir) Special 
Powers Act (1990). 

The AFSPA is a symbol of abuse, oppression, and discrimination. Its application 
and misuse has fueled a cycle of atrocity and impunity and inflamed passions 
for militancy in various parts of the country. The growth of militant groups 
under the 50-year application of the AFSPA is evidence that countering armed 
insurgency with disregard for human rights is ineffective. 

Human Rights Watch is not alone in calling for repeal of the AFSPA. Human 
rights groups in India have called for repeal for decades. Other Indian voices 
calling for repeal have included the:

a.. B.P. Jeevan Reddy Committee (2005);66 
b.. Administrative Reforms Committee headed by Veerappan Moily (2007);67 and 
c.. Working Group on Confidence-Building Measures in Jammu and Kashmir headed 
by Mohammad Hamid Ansari (2007).68 
Internationally, repeal has been called for by the: 

a.. UN Special Rapporteur on extrajudicial, summary or arbitrary executions 
(2006);69 
b.. Committee on the Elimination of Discrimination against Women (2007);70 and 
c.. Committee on the Elimination of Racial Discrimination (2007).71 
In 1997, the UN Human Rights Committee expressed concern regarding the 
continuing reliance on the AFSPA and at human rights violations by security 
personnel in areas declared "disturbed." It expressed concern about the 
"climate of impunity" and lack of remedies resulting from the requirement of 
government approval for legal proceedings against armed forces acting under 
special powers. The Committee recommended that this requirement be abolished.72 

Should the AFSPA be repealed, any future legislation aimed at dealing with 
militancy in areas currently subject to the AFSPA must comply with 
international human rights and humanitarian law. Such laws must ensure that the 
reporting, investigation, and prosecution of unlawful acts by members of the 
armed forces are not impeded. 

Full Report of Human Rights Watch on India is available at http://hrw.org/ 
backgrounder/ 2008/india0808/



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