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Friday, March 29 2024
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When fence itself is grazing the land

Sumayya Column Afspa
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Article 21, Right to Life and Personal Liberty is one and only right existing in the Constitution of our nation, that cannot be repealed even at the time of National Emergency (Art. 352). A draconian law like that of AFSPA, has left no way in taking away the Right to Life and Liberty of individuals in North Eastern states.

Recently, nearly 14 civilians in Mon District of Nagaland lost their lives as they were shot by the para-commandos of Indian Army. The army get their power to shoot on sight from AFSPA Act. Arm Force Special Powers Act (AFSPA) was one among the British colonial rules existing till date. The AFSPA Act was brought in to suppress the Quit India movement of 1942. Post Independence, the Nehru led Government of India decided to continue with the draconian law in order to suppress the ongoing insurgencies in Assam and Manipur. The state governments which are incapable of maintaining internal disturbances therein AFSPA has been enacted in order to assist such states, reasons the introduction of the act.

Provisions under AFSPA:

Any armed force officer is permitted to fire upon or use force, even to the point of causing death, against any person in order to maintain public order along with that search of any premises and arrest of any individual without a warrant is permitted under the act.

States with AFSPA Act:

Currently, AFSPA is in force in the States of Assam, Nagaland, Manipur {excluding Imphal Municipal Council Area}, Changlang, Longding and Tirap Districts of Arunachal Pradesh, and areas falling within the jurisdiction of the eight police stations of districts in Arunachal Pradesh bordering the State of Assam, Punjab, the AFSPA7 was revoked in Tripura in 2015 and in Meghalaya in 2018.

Misuse of AFSPA:

Sexual violence against women is one among the major issues under AFSPA. In the name of no warrant search and arrest, the dignity of women was put at7 stake. Women reported of undergoing rape by the army forces. It was in the year 2014, 12 Manipur women werw disrobed in front of the Assam Rifles HQ against the killing of Manorama Thangjam who was allegedly raped. Women protesting naked holding the banner, read: ‘Indian Army Rape us’,  Indian Army Take Our Flesh”.

The Supreme Court in disgust had questioned ‘Do you have rapists in uniform? In 2017. And  currently, the burning issue of civilians shoot out have added on to the historically marked atrocities. The Union Government in December have further extended the act for six months in Nagaland claiming disturbances and danger.

Women like Irom Sharmila, who had her 16 years of life spent on hunger strike too faded away seeking the repealing of the act. But the only gift Irom Sharmila was bestowed for her hunger strike was, accusations under ‘attempt to suicide’.

It is the need of the hour, the government understands the violation of human right and dignity. It is also sensitive to understand that, the foe countries can any time misuse the opportunity to manipulate the minds of citizens in border areas to rebel against one’s own country.

Image by Amber Clay f

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Sumayya Parveen A.

Sumayya is a Journalism, Eng. Literature and History Graduate & IAS Aspirant. She is also a budding writer and poetess.

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