AFSPA’s potential for abuse: Need to revisit what Constitution-makers said in 1947

By Venkatesh Nayak*
Readers will remember recent media reports of the Government of India’s submission to the Hon’ble Supreme Court of India that the National Human Rights Commission cannot probe human rights violations committed by the armed forces in States where the Armed Forces (Special Powers) Acts (AFSPA) are applicable. The Apex Court is currently hearing a matter relating to 1,528 cases of alleged extra-judicial killings for which the armed forces operating in Manipur have been blamed
In July 2016, the Apex Court had ruled that AFSPA cannot be used as an excuse to violate people’s constitutionally guaranteed human rights. It also said that wherever extra-judicial killings or enforced disappearances have occurred, people have the right to know the truth. Several citizens and civil society actors have time and again raised concerns about the serious allegations of the abuse of the powers of the armed forces to arrest and detain suspects without promptly handing them over to the civilian police and also their power to use firearms against people to the extent of causing death.
In fact, similar concerns about the likely abuse of such draconian powers were voiced by the Constitution-makers within four months of India gaining independence from colonial rule, as it clear from the official record of the debate on the Armed Forces (Special Powers) Bill, 1947 held in December 1947 in the Constituent Assembly, also acting as the Parliament of independent India (click HERE to download).
The Bill was discussed and adopted in the House on 11 December, 1947 a few days after it was tabled by the then Defence Minister, Sardar Baldev Singh.
As for the Disturbed Areas AFSP Ordinances of Bengal, East Punjab and Delhi and NWFP gazette in 1947 (which can bedownloaded from the Central Government’s official website), the Ordinances of Bengal and NWFP did not empower the armed forces to use force to the extent of causing death of a person. That power was granted only in the East Punjab and Delhi Ordinances. I have not been able to get hold of a copy of the Assam and UP AFSP Ordinances also issued in 1947.
All these Ordinances were replaced by the AFSPA Act of 1948 whose debates. This law empowered the armed forces to shoot to kill if necessary in the disturbed areas.
The purpose of placing these records in the public domain is to enable the current generation of citizens to revisit the concerns raised by several members of the Constituent Assembly-Legislative (CAL) about AFSPA so that they may debate the issues involved in an informed manner. The CAL debates about AFSPA (along with a few others) were procured legitimately on payment of prescribed photocopying charges. I thank Hon’ble Shri Hussain Dalwai, MP, Rajya Sabha, and his secretarial staff for facilitating my access to the library of Parliament to pick up these papers.
AFSPA enacted by Parliament in 1958 has been imposed in parts of Arunachal Pradesh and the adjoining areas of Assam and Meghalaya and in the States of Nagaland and Tripura. In the State of Jammu and Kashmir another AFSPA has been imposed since 1990.
An important point to remember is that AFSPA laws are being implemented in these States using taxpayer funds. To the best of knowledge, there is no information in the public domain about how much it costs to implement a law like AFSPA in the “disturbed areas” where it operates.
The right to know how the government uses taxpayer funds is a basic human right recognised as far back as in 1789 when the Declaration of the Rights of Man and of the Citizen and the Declaration of the Rights of Woman and the Female Citizen were drawn up. These declarations also recognise the basic human right of men and women to demand accountability for every action of every public functionary, individually and collectively. These seminal documents formed the foundation of the international human rights Covenants and Conventions that were drawn up after the end of World War II, to prevent and remedy all future abuses of human rights.
It is high time, the citizenry, Parliament and the judiciary started asking how much money has been spent in the States covered by AFSPA so far for combating militant groups over several decades and whether the outcomes show evidence of adequate value for money spent.
—
*Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani* India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor* Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas* November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual.

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad* On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya.

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad* The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor* Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor* Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.

Search This Blog