Our Correspondent
Kohima | December 20
Initiating the discussion on matters of urgent public importance under Rule-50 pertaining to Armed Forces Special Powers Act (AFSPA), 1958 in its application to Nagaland at the emergent session of the 10th session of the 13th Nagaland Legislative Assembly (NLA) here, Nagaland Deputy Chief Minister Y Patton said that the state of Nagaland has been under AFSPA for the past many decades.
“As per Section 3 of the AFSPA, 1958, the provisions of the said Act come into force, in any area to which the Act extends, which gets declared as a ‘disturbed area’ by the Central Government or the Governor of that State, if in the opinion of either, the area is in such a disturbed or dangerous condition that the use of armed forces in aide of the civil power is necessary.”
Patton said that the Government of India has been declaring the entire State of Nagaland as a ‘disturbed area’ by issuing notifications every six months, and thereby, keeping the provisions AFSPA, 1958 operative in the State for the past many decades.
The latest notification issued by the Government of India was on June 30, 2021 and it is operational up till December 29, 2021.
The provision of AFSPA Act has led to many instances of gross abuse by the members of the security forces, over the years, the most recent being the ghastly firing incidents in Oting–Tiru village area of Mon district which lead to the loss of life of 14 of our beloved Konyak brothers, Patton told the floor of the House.
“The state government has consistently opposed the Notification declaring Nagaland as a Disturbed Area on the grounds that the overall law and order in Nagaland has been good for many years now, and on many crime and other similar indicators, the situation is found to be better than many other states of the country. Further, all the Naga Political Groups are in ceasefire with the Government of India for many years now. In addition, the ongoing peace talks are proceeding in the right direction giving hope of an early solution to the Naga Political Issue. The Government of India, however, has always been, based on its own assessment, extending the Notification declaring our State as a disturbed area,” he said.
Patton said that the sentiments of the people are strongly against the continuance of AFSPA anymore in the state of Nagaland. “We do not deserve to be designated as a ‘Disturbed Area,” he stated.
Repeal AFSPA from entire NE states: Sazo
Former NLA speaker and NPF legislator Chotisuh Sazo said that AFSPA should be repealed from Nagaland and the entire NE states. He told the floor of the house that AFSPA violates the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the Convention against Torture in which India is a signatory.
“The Act has been termed by Human Rights Watch as a ‘tool of state abuse, oppression and discrimination,” Dr Sazo informed. “With special powers accorded to the armed forces, there have been multiple fake encounters and other human rights violations by the security forces in the state ever since enforcement of the Act. It has also resulted in innumerable incidents of arbitrary detention, torture, rape, and looting by security personnel, “he said adding that the provisions of the Acts are clearly violates the ‘Right to Life’ and personal liberty granted under Article 21 of the Constitution of India.
“Our people have undergone untold sufferings, humiliations, torture ever since the law was enforced in the state and which has gone under reported. While commiserating with the people of Oting on 4th December 2021 massacre, had it not been the presence of social media, the atrocities committed would not be revealed to the world,” he said.
He said that in contravention of the objective of AFSPA - to maintain law and order in the disturbed areas it has created a culture of impunity, allowing military forces to disrespect human rights and the rule of law completely, adding it has “granted the armed forces a licence to kill and carry out many excesses under the protection of AFSPA.”
Talking on the ceasefire agreements between GoI and Naga political groups, he said “Ever since there has been relative peace in Nagaland and the Naga populace has iterated time and again the desire to live in peace. As such Nagaland does not merit to continue to be designated as a disturbed area and imposition of AFSPA in Nagaland is no longer necessary nor relevant.”
“AFSPA could not achieve its desired goal even after more than 60 years of its implementation. The cumulative effect of the provisions of the Act creates a kind of military regime in the AFSPA declared areas,” Dr Sazo said.
He observed that “AFSPA needs to be scrapped and by doing so, the state will only be trying to heal the wounds that the law has mercilessly inflicted.”
Urging all the members to unitedly stand for the repeal of the black law from Nagaland and NE states, he suggested the Nagaland CM to take initiative to call all the NE State CMs and collectively put pressure on the GoI.
Disturbed Area Act and AFSPA have given rise to militarization: Vikheho
NPF legislator Y Vikheho Swu said that the horrific murder of 14 innocent civilians at Oting village has brought to the fore yet again, the barbaric and Draconian nature of AFSPA.
Stating that Nagaland’s statehood was given written shape in Article 371 (A), he said, “This gives special transitory responsibilities to the Governor in respect to law and order; the Governor, after consulting the Council of Ministers, is empowered to exercise individual judgement and take appropriate action.
Section 3 of the AFSPA states that if the Governor opines that an area is disturbed, he can use armed force in aid of civil power. This gives the armed forces unbridled and arbitrary power — with legal immunity — over the civilian population in the disturbed area(s). The sweeping powers of the Governor abrogated the basic fundamental rights as well as greater autonomy, granted by the Constitution of India under Article 371 (A).
He said that under the cover of preservation of law and order, the security forces seem to be undermining, completely, the writ of the civil authority including elected representatives, Government officials, state law and order agencies, etc.
He said that laws like the Disturbed Area Act and the AFSPA (1958) have given rise to Militarisation in India. He said that India is a signatory to international instruments like the Universal Declaration of Human Rights (UDHR) and International Covenant for Civil and Political Rights (ICCPR).
AFSPA gained more hatred after Oting, Tiru tragic incident: Paiwang
BJP Legislator and Minister P Paiwang Konyak said that even after the attainment of the statehood on 1st December 1963, both the Disturbed Area Act and AFSPA continued to be enforced as the situation saw resistance and killings continued.
“AFSPA gained more hatred after the Oting, Tiru tragic incident where 13 civilians were killed and another 1 at Mon Hq and many critically injured,” he said.
“By going through the chapter & clauses of the Acts of AFSPA we can come to the realisation, how evil the Acts are and what can be the impact towards the civilians if those acts are handled inappropriately or mishandled taking the advantages of the chapter.No.6,” he said.
He said that Disturbed Area Act and AFSPA has been existing from 1958 upto the present time in the state of Nagaland although at many times the Naga Civil societies as well State Government had demanded from the Central Government to repeal both the Acts. “Now the Nagaland is witnessing peace except few rare cases of extortions and illegal taxation here and there but other than that we can now see shops and business establishments are opening up and economy expansion are at the start,” he said.
He said that it is the appropriate moment of time to repeal AFSPA and Disturbed Area Act in the state of Nagaland and the North Eastern States as a whole “to make the people of Nagaland and the North Eastern States to be closer to the Nation in building the Nation's economy as North East is the corridor to the South East Asian Countries.”
He hoped that the high level SIT constituted by the State government will surely bring impartial report and those responsible for the tragic incident be exposed.
Touching on declaration of six tribes in five districts by Eastern Naga People’s Organization (ENPO) as “Peace Zone” on 18th December 2018, he however said “but sadly today we have witnessed that the PEACE ZONE DECLARATION was violated by no other than the Indian Arm Forces at Oting, Tiru. So today the ENPO seeks JUSTICE and untill the justice is delivered the ENPO declares non cooperation to the Indian Armed forces because the Eastern People do not want violence and killings but we are PEACE loving citizens and we want PEACE and DEVELOPMENT to reign in our land so also as we are the champions for PEACE and JUSTICE.
He extended unflinching support to the ENPO to deliver justice and to punish those responsible for the unfortunate tragic incident.
Oting village is a well and pre-planned incident: Imkong
Former Home Minister and present NPF legislator Imkong L Imchen said The genocide committed on 4th December 2021 at Oting village under Mon District is one of the most glaring examples of the thousand genocides committed by the Indian security forces during the last 70 years, and yet Nagas continue their struggle with more determination and zeal.
“This genocide can be only compared with 13th April 1919 Jallianwala Bagh Massacre under the Command and Order of Brig. Gen. Reginald Dyre, consequent upon which Indian Civil Non - Cooperation Movement was started along with the surrender of Knighthood by Rabindranath Tagore. The British Parliament promptly condemned their own Army Officers’ action by terminating his active service from the Army. In today's context what the Government of India should be taking action against the Commanding Officer who ordered this massacring firing. It is hereby put in the House attention. How far by the imposition of AFSPA 1958 has medicated the GoI policy thinkers and framers ideas of the Nagas can be obviously seen,” he said.
“This operation appears to be having wider and deeper conspiracy. It appears that by committing this massacre they intend to derail the ongoing Ceasefire between the NSCN and GoI. If this is proved to be right I understand that this is also another error being adopted by the security forces which is directly negating the policy of the Hon'ble Prime Minister Narendra Modi. Because to bring about a Political Settlement, is his most important priority,” Imchen said.
“According to my assessment of the incident the firing massacre of 4th December 2021 at Oting village is a well and pre - planned incident. The coal miner's workplace and the location of the firing is hardly 6-7kms apart and the army must have monitored their daylong labour in the coal mine site and their movement back home (coal mine to Oting village ) was monitored day long and fired upon and killing them on the spot,” he said.
Stating that the union home minister's statement of the Oting incident was obviously misleading and based on not the factual happening, Imchen said “Therefore in terms of reference the investigating agency should also take into account of this specific episode.”
‘There is no space for such kind of Act in a democracy’: Along
Minister and Nagaland state BJP president Temjen Imna Along said “Words cannot describe or even nothing can compensate the loss of innocent lives. Sometimes we cannot even comprehend the law of AFSPA which gives immunity to the Arm Forces to create havoc and steal and disturb peace of innocent people.”
“Today this draconian act (AFSPA)” doesn't allow truth to win, doesn't allow truth to prevail and we have seen that Act, he said.
“It is painful to see that under such a great country like India, the world's largest democracy, an Act of war by the security forces have happened upon its own people.
“There is no space for such kind of Act in a democracy, no criminal can go free, no terrorists should be left to scoundrel upon its people, no security forces should also be empowered to take away the lives of innocent citizens of its own country,” he said.
“Today, with the leaders of the House on whatever resolution on the repealing of the AFPSA is proposed, we shall stand together with him and make our voice known as the August Assembly of the people of Nagaland condemning such an incident and appealing that this act should be repealed from any place not only from Nagaland but any place in the country,” he said.
Oting massacre is highly politically motivated: Azo
Former home minister and present NPF legislator Kuzholuzo (Azo ) Nienu said that Oting Massacre is highly politically motivated with a conspiracy to derail Peace talks “is in fact well informed, well planned, well calculated murder of innocent citizens.”
AFSPA has only further encouraged terrorist, insurgency activities rather than suppressing these activities,” he said.
He suggested the House to convince NEDA chairman on the issue and convene a joint meeting of all the NE states CMs and MPs and have a press conference in Delhi to sensitize the nation and immediately after that all NE CMs and MPs call on the PM for repealing AFSPA.
Chumben expresses dark side of Indian democracy
MLA Dr Chumben Murry expressed that the dark side of Indian democracy created by the AFSPA is such that, horrendous acts of omission and commission have been committed under the Act and has caused mistrust, fear and untold miseries on the people of the State. It has served to alienate Nagas from rest of the Country rather than bring them closer for peaceful co-existence. Even after 60 years of the draconian Act, many Indian leaders and the Indian Army alike have not realised or choose to ignore that application of AFSPA continue to result in fostering anti-Indian feelings amongst the people of the State. He stated that at a time when people were hopeful that solution is around the corner, the unfortunate gruesome massacre in Oting, Mon district has created confusions in the minds of the people as to the sincerity of the Central Government as far as the Naga Political Issue is concerned. The intention to hide the crime and misinforming the Union Home Minister to give a wrong statement in the Parliament further angered the people of Nagaland. It is an unforgiveable crime over a crime and will never be forgotten. The ghastly act of the Army will definitely be written in the hall of infamous crimes & grievous violation of human rights. Therefore, he appealed to the House to repeal the draconian AFSPA 1958.
Final solution not through use of force: Kronu
Minister Neiba Kronu advocated for a final solution through trust and understanding rather than the use of force.
He stated that the purpose of the UDA Government should not be defeated and that more effort should be given at the juncture.
Kronu opined that it is the right time to make the leaders at the Center to understand the reality.
Pukhayi Sumi said as long as the AFSPA is in existence, there is no certainty that similar incident would not happen anywhere in Nagaland.
MLA C L John said any prospering country cannot afford to give a step motherly treatment to its citizens.
John strongly condemned the incident at Oting under Mon district and appealed to the government for immediate revocation of the Act.
He strongly appealed to the Central Government that intelligence failure and mistaken identity should not be an excuse. Instead, he asked the Central Government to ascertain the case before making any statement.
MLA, Yitachu said the basic fundamental rights including the essence of life are being denied with the existence of AFSPA. The special provision for Nagaland enshrined in the Constitution of India becomes meaningless because of this very Act.
On Naga Political issue, he said that the voice of the people is to repeal the Act and to bring early settlement for the Naga Political issue. He therefore appealed to the negotiating groups not to isolate each other in the pursuance of settlement of the Naga Political issue.
