Memorandum to President of India for repealing of AFSPA 1958 on 6 November 2012

November 6, 2012

Day long fast and demonstration for Repealing of AFSPA 1958 at Raj Ghat, New Delhi :: Nov 6 2012

Memorandum
Submitted to the Hon'ble President of India
Seeking for repealing of the Armed Forces Special Powers Act 1958
Submitted on the occasion of the Day long Fast & Satyagrah dated 6th November 2012 at RajGhat (Delhi)
Submitted by the undersigned organizations and individuals

To,

The President of India
Rastrapati Bhawan
New Delhi

Subject: Petition seeking for repealing of the Armed Forces Special Powers' Act.

We, the undersigned want to draw your kind attention towards the following issues.

The Armed Forces (Special Powers) Act of 1958 (AFSPA) is one of the most draconian legislations used by Govt. of India to enslave and oppress peoples under the garb of fighting separatism. For the past sixty years the North-East, and for almost two decades Kashmir, both have been virtually under army rule. This rule by the army has had a drastic effect on the daily life of the average citizen residing in the North-East and Kashmir.

There is a state of de-facto abrogation of fundamental rights, including the all-important right to life, and large-scale encroachment by the army on the life and liberty of the citizens in the above-mentioned areas. AFSPA violates the fundamental constitutional rights of right to life, liberty, equality, freedom of speech and expression, peaceful assembly, moving freely, practice of any profession, protection against arbitrary arrest and freedom of religion enshrined in Articles 21, 14, 19, 22 and 25 of the Constitution.

AFSPA has been used in these regions for thousands of deaths, custodial deaths/rape, torture, encirclement of the civilian population, sadistic combing operations, looting of private citizen's property, etc. Thousands of youth have simply disappeared - another euphemism for encounter deaths.

Provisions of the Act

Section 1 defines the title of the Act.

Section 2 (a) limits the jurisdiction of the Act to the seven states of the North-East; of late, it has been extended to Kashmir.
(b) Defines 'disturbed area' as an area notified under Section 3 to be a disturbed area.

Section 3 states that if the Governor of a State or Central Government is of the opinion that an area is in such a disturbed or dangerous state that the use of armed forces in aid of civil power is necessary, then either of them can declare it to be 'disturbed area' by notification in the Gazette.

Section 4 gives the following special powers to any Commissioned Officer, Warrant Officer or Non-Commissioned Officer of the armed forces in a disturbed area:
(a) If in his opinion, it is necessary for maintenance for public order to fire even to the extent of causing death or otherwise use force against a person who is acting in contravention of an order prohibiting the assembly of five or more persons or the carrying of weapons or of 'things capable of being used as weapons'.
(b) If in his opinion, it is necessary to do so, then to destroy any arms dump or fortified position, any shelter from which armed attacks are made or are 'likely to be made', and any structure used as training camp for armed volunteers or as a hide-out for armed gangs or absconders.
(c) Arrest without warrant any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is likely to commit a cognizable offence and to use whatever force is necessary to affect the arrest.
(d) To enter and search without warrant any premises to make an arrest or to recover any person wrongfully confined or to recover any arms, ammunition, explosive substance or suspected stolen property.

Section 5 makes it mandatory for the army to hand over a person arrested under the Act to the nearest police station with least possible delay.

Section 6 lays down that prosecution; suit or other legal proceedings can be instituted against a person acting under the act, only after getting previous sanction of the Central Government.

Irom Sharmila has been on a fast for the revocation of AFSPA for 12 years since 5th November 2000. Her body also has become a site of contest for legality and illegality of the Indian state. Indian state, whose constitution guarantees right to life and liberty, also kills, rapes and murders thousands of women every passing year. Irom Sharmila has been arrested, rearrested and force-fed many times ostensibly to make her live, this was done by the authorities to stop her from dying - invoking the attempt to suicide of the Indian penal code. On the other hand, the Indian security forces go on killing, raping and torturing women every day. This exposes the farce of legality of the Indian system which has been imposed on the body of Irom Sharmila.

Thus, we demand to repeal AFSPA at earliest.

Thanking You.

Shashi Sonwane
National Coordinator, Yuva Bharat

Ashok Bharat
Rastra Nirman Abhiyan
Sarv Seva Sangh

Prof. V.P. Shrivastav
Azadi Bachao Andolan

Dr. Malem Ningthouja
Campaign for Peace & Democracy, Manipur

Dr. A.K.Arun
Bangladesh Bharat Pakistan Peoples Forum

Neeraj Singh
Socialist Yuvjan Sabha

Mr. Khangembam Kamaljit,
Representative, Kangla Group

Elangbam Samananda
Vice President, Manipur Students' Association, Delhi

Mr. Babloo Loitongbam
Human Rights Alert

Ms. Khangembam Anandi
Just Peace Foundation

Somorendro Khangembam,
General Secretary, European Manipuri Association (EMA)
London, UK

Ashish Gupta
PUDR / CDRO

Birju Nayak
Lok Raj Sangathan