INDIA
For the last 14-years Manipuri activist Irom Sharmila has been on a fast unto death demanding the removal of the Armed Forces Special Powers Act (AFSPA).
Following the massacre of 10 civilians in a suspected encounter in Imphal allegedly by personnel of Assam Rifles, Sharmila went on a non-violent hunger strike demanding justice and withdrawal of AFSPA. Since then, she has been arrested several times under charges of attempt to suicide.
Here's what she is protesting against:
* Passed on September 11, 1958, the AFSPA contains six sections that grant special powers to the armed forces in what the act terms as "disturbed areas".
* Essentially, if the Governor of a State is of the opinion that conditions are "disturbed or dangerous"and there is a need to use armed forces in aid of the civil power, they can, by notification in the Official Gazette, declare the state as "disturbed area".
* It provides legal immunity to armed forces, not allowing any prosecution, suit or legal proceeding against them in respect of anything done or purported to be done in exercise of the powers granted by this Act.
* Following this armed forces in this area can:
- Fire upon or otherwise use force, even fatally, if they deem it necessary for the maintenance of public order. This can extend to any person who is acting in conflict of any law, or even against an assembly of five or more persons, or found carrying weapons or explosive substances
- Arrest without warrant, even possibly on suspicion exists that an individial committed or may commit a cognizable offence. They can even use such force if deemed necessary to effect the arrest
- Enter and search without warrant any premises to make arrests or to rescue people believed to be wrongfully restrained. They can enter any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances are believed to be unlawfully kept in such premises
- Destroy any arms dump or fortified position, if armed attacks are made from it or are likely to be made. It even applies to to those shelters that are believed to being used as hideouts or as a training camp
Referring to the act as "draconian", Sharmila has been on a indefinite hunger strike demanding it be repealed to bring bring justice and accountablity to the people. "Until and unless my demands are fulfilled, I will not take anything through my mouth. It is my right. It is a means for my struggle", she said.
The law has been in effect in the state of Manipur and Assam since its inception in 1958. It was also briefly enforced in Punjab on October 1983. A variation of the law is also enforced in Jammu and Kashmir.
It has received widespread criticism and was questioned by the United Nations Human Rights Committee in 1991. The UN Commissioner for Human Rights Navanethem Pillay, has also asked the AFSPA be repealed, calling it "dated and colonial-era law that breach contemporary international human rights standards".
By the government’s own admission, more than 20,000 people have ‘disappeared’ in Manipur, reports Tehelka.
Amnesty International has attributed the disapperances of over many Indians across the states of Jammu and Kashmir, Manipur, and other parts of the Northeast. "The AFSPA, which has been in force in parts of North-eastern India since 1958, and a virtually identical law in force in Jammu and Kashmir since 1990, provides sweeping powers to soldiers, including the power to shoot to kill in certain situations and to arrest people without warrants. The Act also provides virtual immunity from prosecution for security personnel, by mandating prior permission from the central government, which is almost never granted," an Amnesty International report states. Click here to read.
On her part, Sharmila remains resolute. Even after her brief period of release, she made it clear that she had no intentions of ending her fast. "I will continue to fast till my demand is met. The order of the sessions court that I am not attempting to commit suicide is welcome," she told the media.
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