Seminar on AFSPA sees panelists slam the ‘draconian act’
SHILLONG: NESO chairman Samuel Jyrwa has accused the armed forces of land grabbing in the State.
Speaking at the seminar titled ‘North East Consultation on Human Rights: Soliciting People’s Opinion on Armed Forces (Special Powers) Act, 1958’ organized by NESO with the support of KSU here on Tuesday, Jyrwa said the people of Meghalaya have been on the receiving end of the ‘atrocities’ committed by the armed forces even without the promulgation of the AFSPA in the State.
“The army authority is indulged in the land grabbing controversy wherein it forcefully encroached into land belonging to locals. Not only this, the armed forces are also refusing to return the land which they had taken on lease many years ago,” Jyrwa alleged.
He observed that if this is the attitude of the armed forces in a State where AFSPA is not applicable then one could well imagine the plight of the people where the “draconian law” is potent.
Former CIC calls for fixed time frame in AFSPA enforcement
Former State Chief Information Commissioner, GP Wahlang who was also present on the occasion, said that the fact that there is no time frame being fixed for the enforcement of AFSPA acts as a major lacuna in its implementation.
“I also have a strong reservation that any legislation should give blanket protection to army personnel. Army personnel should be held responsible for any mala fide act,” Wahlang said.
He also observed that rape, molestation, extortion, transgression committed by the armed forces while performing their duties does not deserve leniency in the eye of law.
However, the former State CIC felt that a certain degree of dilution of the human rights should be allowed while conducting operations.
AFSPA depicts Centre’s distrust
Meanwhile, taking part in the panel discussion, Human Rights Alert, Manipur executive director Babloo Loitongbam said the struggle for the repeal of AFSPA is a fight for anyone and everyone who cherishes democratic values and opposes militarism.
He alleged that the enforcement of the Act amounted to the Centre’s distrust towards people from the Northeast region.
“There are more reasons for the enforcement of this draconian act other than the insurgency problem in the region,” Loitongbam said adding that before AFSPA was passed by both Houses of the Parliament in the 1958, former Prime Minister Jawaharlal Nehru had stated that they need to have a general policy by making a reference to the act to deal with the population in the region.
“The statement of former the prime minister only proves that that there is distrust towards people of the region,” the Human Rights Alert executive director said.
He said that the failure of the Union Government to take cognizance of the voice of the people of the region as far as repealing of the Act is concerned also shows that ‘we are being looked upon as the enemy population’.
“In most cases, the judiciary also ignores public voices against such laws with an observation that the Acts are enacted and implemented by the government with wisdom. AFSPA and similar acts can only be in force during extraordinary situations and not all the time,” Loitongbam noted.
He also pointed out that what started as a state of exception in the Naga Hills in 1950s has engulfed the whole North East and Jammu and Kashmir over the years.
“People in Manipur are under military rule under the guise of democracy. The AFSPA came to be in force in Manipur in 1958 as a temporary measure to tackle insurgency in the Naga Hills. Now that there are sophisticated police and intelligence agencies and able civil administration, the AFSPA should be withdrawn. In the name of national security, the rights of people cannot be trampled upon for 55 years,” he said.
Recalling the rape and brutal murder of Thangjam Manorama, a 32-year-old woman, in Manipur in 2004 Babloo Loitongbam said that nine years after the incident the State inquiry commission is yet to file any report.
Earlier, delivering the keynote address NESO secretary general, Sinam Prakash said that the Government of India was yet to find the political will to overcome counter pressure allegedly coming from those with vested interests in the armed forces for the continuation of AFSPA.
He said that under these circumstances, NESO, representing the student’s community of the region, is organizing a series of consultations with its constituent student organizations in all the seven States to solicit the opinion of the people on this critical issue.
The other panelists who spoke on the occasion include city-based lawyer Alester N Diengdoh and North East Dialogue Forum’s (NEDF) Rev PBM Basaiawmoit.