Dr Maongsangba
What is AFSPA 1958 any way? It stands for Armed Forces Special Power Act 1958. Once the Act comes into force, the Army virtually takes control of any area that is declared as disturbed. They occupy the centre stage and the civil administration is rendered irrelevant, democratically elected government relegates to the background and the democratic rights of the people are thrown to the winds. Therefore, the natural corollary of this notorious Act is the bloody trails of army excesses and violation of human rights.
Many countries across the globe, including India had enacted legislation to protect even wild animals. The same India has a law not to protect, but to shoot to kill human beings and the law to shoot human exists only in the Northeast. Some years back a certain Naga officer from Nagaland was booked for killing a wild animal in Assam as per the Wild Life Protection Act. However, none of the army personnel that were responsible for the pogrom in Nagaland have been brought to justice. Is it not as good as legitimized barbarism?
The obnoxious Section 4 (a) of AFSPA empowers a non-commission officer to fire upon or otherwise use force against any person acting in contravention of any law or order. This is nothing short of a licensee to extrajudicial killings. It contravenes Article 21 of the Constitution of India and Article 6 of the International Covenant on Civil and Political Rights. Both the articles consider the right to life as inalienable. The 44th amendment had declared the right to life and liberty inviolable, emergency or no emergency. The right to life and liberty must continue in all circumstances.
Section 4 (c) stipulates that the same officers can arrest, detain any person without warrant, who has committed a cognizable offence. Section 5 says that any person arrested should be handed over to the police with the least possible delay. The term “Least possible Delay” is being interpreted according to the whims of the security forces. This violates Article 22 (2) of the Indian constitution and the provision of the Indian criminal procedure code.
The last nail in the coffin is the Section 6, which stipulates that no persecution, or suit or other legal proceeding shall be instituted, except with the previous sanction of the central government. It is well nigh impossible for ordinary mortals caught in the situation of armed conflict to seek permission to persecute law enforcement officials. This implies that, there can be no legal redress against human rights abuses. The pernicious AFSPA have nullified the fundamental rights and it runs counter to article 32 and article 226 of the Indian Constitution.
Our democracy today is under attack from many directions notably, mega size corruption, terrorism, communal forces and above all the AFSPA, the lawless law enacted by the Parliament. Its provision are monstrous to say the least. Its reckless use, (Read) misused has already been widely condemned by various NGOs, civil rights groups, political parties and individuals across political spectrum.
It is important to mention that, Fundamental Rights, which has a bundle of rights for the citizens and the AFSPA 1958, which is a negation of all what is laid down in the fundamental rights is intriguing. It is not surprising but shocking that, the power-that-be has given legitimacy and nourished this act over the years. The manner in which the innocent people were slaughtered under the provision of this act smacks of a military regime of the worst order.
The recent extension of the Disturbed Area Act in Nagaland for yet another year amid protest from different quarters including the state government indicates that peace process is still fragile and the spectre of violence looms large. A committee has been constituted by the Government of India to re-look into all aspects of the AFSPA. But keeping in view the draconian nature of the act, this lawless law, AFSPA must go lock, stock and barrel.
The writer is a senior lecturer, Political Science at Fazl Ali College, Mokokchung.
