http://www.thehindu.com/news/national/other-states/courtappointed-panel-highlights-misuse-of-afspa-in-manipur/article4921637.ece#.UebJetK0knY.gmail
  NEW DELHI, July 17, 2013 Court-appointed panel highlights misuse of AFSPA
in Manipur

Sandeep Joshi

 ‘Armed forces were indulging in gross violation of human rights’

Once again highlighting the rampant misuse of the Armed Forces (Special
Powers) Act or AFSPA, a Supreme Court-appointed Judicial Commission has
noted that the Act has failed to tackle insurgency and that the armed
forces were indulging in gross violation of human rights by operating under
the shield of the controversial law.

Noting that the use of the AFSPA was being done by making mockery of law,
the Commission has noted that there was gross abuse of the Act and
encounters being carried out in the North-eastern State were not genuine.
“It would appear that the security forces believed a priori that the
suspects involved in the encounters had to be eliminated and the forces
acted accordingly,” the report added.

The Commission, which was headed by former judge Santosh Hegde with former
Chief Election Commission J.M. Lyngdoh and retired IPS officer A.K. Singh
as its members, was formed by the apex court to investigate alleged cases
of extra judicial killings in Manipur. In September last year, the
Extrajudicial Execution Victim Families’ Association (EEVFAM)) along with
Human Rights Alert (HRA) submitted a list of 1,528 cases of killings in
Manipur since 1979 before the Supreme Court and demanded investigation into
the deaths.

*Encounters not genuine*

In its 100-page report, the Commission pointed out that the six sample
cases of encounters it investigated, it found that they were “not genuine”
and that “maximum force” was used to kill people. “Though the Act gives
sweeping powers to security forces even to extend of killing a suspect with
protection against prosecution, it does not provide any protection to the
citizens against its possible misuse…Normally, the greater the power, the
greater the restraint and stricter the mechanism to prevent its misuse or
abuse. But in case of the AFSPA in Manipur this principle appears to have
been reversed,” the report added.

The report comes at a time when there is growing demand for withdrawal of
the AFSPA from Jammu and Kashmir and insurgency-hit North-eastern States.
Jammu and Kashmir Chief Minister Omar Abdullah has been repeatedly
demanding phased withdrawal of the controversial Act from the State as a
confidence-building measure. Notably, the Justice Verma Committee, in its
report setting forth measures to curb sexual violence, had also highlighted
the misuse of the AFSPA by Army personnel and recommended that “sexual
violence against women by members of the armed forces or uniformed
personnel must be brought within the purview of the ordinary criminal law.”

“We notice that impunity for systematic or isolated sexual violence in the
process of Internal Security duties is being legitimised by the AFSPA,
which is in force in large parts of our country. It must be recognised that
women in conflict areas are entitled to all the security and dignity that
is afforded to citizens in any other part of our country,” the report said.


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Peace Is Doable

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