Protest at Delhi against Impunity to Armed forces in Armed Conflict Areas

New Delhi, July 11, 2014:

Campaign against impunity to the armed forces in armed conflict areas

26 civil society organizations in Delhi jointly organized a pubic meeting on " Campaign against impunity to the armed forces in armed conflict areas" on July 11, 2004 as part of the "10 years of custodial torture, rape and killing of Manorama Devi by Armed forces. The wait for justice continues!"

The public meeting was jointly organized by 26 organizations" Aatish , AISA, All India Federation of Trade Union(New) Bigul Mazdoor Dasta, Campaign for Peace and Democracy, DSU, Inqlabad Mazdoor Kendra, Jamia Teachers Association, Jan Hastkshep, Janrang, JNUSU, Krantakari Naujawan Sabha, Manipur Students Association Delhi, Mazdoor Ekta Kendra,Mehnatkash Mazdoor Morcha, Morcha, New Socialist Initiative, North East Form fro International Solidarity, People Democratic Front of India, People Democratic Front of india, People Union for Democratic Rights, Pratidhwani, Saheli, Sanhati, Stree Mukti Sangthan, Viplav Sanskritik Manch, Women against Se3xula Violence and State repression.

Protest against Impunity to Armed forces in Armed Conflict Areas
10 years of custodial torture, rape and killing of Manorama Devi by Armed forces. The wait for justice continues!

One cannot forget the image of women protesting naked in front of the Assam Rifles headquarters in Imphal in Manipur holding banners titled: "Indian Army Rape us". The protest was in response to an incident that took place on the night of 10-11 July, 2004 when Ms. Thangjam Manorama Devi was arrested by soldiers of Assam Rifles for interrogation. The next morning her dead body was found in mutilated condition. She had been sexually assaulted, tortured in custody, and ultimately killed. Today, even after ten years of the incident, we have witnessed no prosecution in this regard. The contents of the report of the commission of inquiry instituted by the state government have not been made public as the Army had gone in appeal against the State of Manipur questioning its powers to order such an inquiry. A simple listing of such incidents as those of Manorama Devi reveals that the armed forces of the country enjoy such impunity in the Armed Conflict Areas (Jammu & Kashmir, North Eastern states, and some parts of Central India) that absolve them of any culpability. The impunity works as a shield which allows them to escape any prosecution or punishment. This is resulting in unabated violations of democratic rights in these areas.

Protest at Delhi against Impunity to Armed forces in Armed Conflict Areas on July 11 2014

Traditionally, the Armed Forces Special Powers Act (AFSPA) has been considered the source of all impunity to the armed forces. But as we observe the pattern underlying the increasing number of cases of violations, it is established that there are various sources guaranteeing impunity to armed forces. These sources are in the form of various legislations, executive actions, and even judicial pronouncements as exemplified below:

(i) Legislations - The AFSPA, the Army Act and other similar legislations prevent prosecution of armed personnel by local criminal courts without permission of the central government or the concerned army official in-charge.
(ii) Executive actions/inactions - Central government rarely agrees to sanction the demand of prosecuting Army officials in criminal courts. Out of 44 applications for grant of sanction for prosecution of members of the Indian Army, posted in J & K during 1989-2011, 33 were rejected and 11 are still pending for determination.
(iii) Judicial pronouncements - In the recent Pathribal case, the CBI had found the armed personnel guilty of a fake encounter of 5 men from Pathribal in Anantnag. But the Supreme Court upheld the claim of the Army that the sessions court had no jurisdiction to conduct trial of guilty officers, and that only the Army had the right to do so. This is an outright violation of the principle of natural justice where 'one cannot be a judge of his own cause'.

This impunity of the armed forces has been justified by the State in the name of protecting 'National interest', 'integrity' and 'sovereignty'. But in reality, by the use of violence, the powerful section of society is plundering the resources of the people and trampling on their democratic and other fundamental rights.

There are clearly two sets of laws functioning in the country. While the women’s rights movement has made some inroads in ensuring punishment for violent crimes on women, the people’s movement in regions like the North East is still struggling to win justice for victims of rape, abductions and custodial deaths. Even to have the accused army personnel tried in normal criminal courts is impossible. Why are the same criminal acts being treated differently in the country? Why are the armed forces being shielded for acts punishable in 'non armed conflict' areas? Is rape and torture part of official duty?

It is in this context of persistent abuses of people’s rights that a protest and dharna is being organised to demand an end to impunity given to armed forces in Armed Conflict Areas.

Date: 11 July 2014
Time: 11am to 4pm
Venue: Jantar Mantar, New Delhi

We demand the following:
1. Bring armed personnel to justice who are guilty of torture, rape and killing of Manorama Devi and are perpetrators of all other similar incidents of atrocities by armed forces.
2. End military oppression and seek democratic solutions in Armed Conflict Areas.
3. End Impunity and bring armed personnel in these areas under jurisdiction of civilian courts.
4. No separate laws for armed forces. Criminal laws applicable to civilians should apply to armed forces in the same nature.

Protest at Delhi against Impunity to Armed forces in Armed Conflict Areas on July 11 2014

Why are the Armed Forces licensed to kill, torture and rape?
End Impunity to Armed Forces in Armed Conflict Areas!

Dear friends

Our Constitution asserts it is the responsibility of the state to guarantee fundamental rights to all. But the state has turned into a consistent violator of these rights. The Indian state is actively engaged in armed conflict with its citizens in various parts of the country, notably, the state of Jammu & Kashmir, the North East, and to a large extent in central India. The main issue emerging from people's movements in these areas is the right to self-determination over one’s own life, livelihood, the political setup and natural resources. However, the state is using the excuse of protecting ‘national interest’ to stifle these legitimate people struggles by the use of force. The authoritarian regime of the Indian state has forced people to take up arms against the government. It is denying democratic rights to the people and using military power to suppress their demands. In such situations zones of armed conflict are formed.

Rampant violations of democratic rights in Armed Conflict Areas

Armed forces operate in these areas with extraordinary impunity, i.e. without any punishment. This is a policy of the government to legitimise military oppression and heinous crimes like rape, sodomy, torture, enforced disappearance and murders. Internationally, these crimes are termed as 'war crimes'. However, India refuses to accept that it is in armed conflict with any of its citizens. This puts the citizens under double danger. They are denied rights under international obligations and military oppression is continued with complete licentiousness.

Armed forces in these areas including the army, paramilitary forces and the state security forces have been perpetrating violence continuously. The list in endless: the Shopian rape case, the Bungte Chiru village (Manipur) killing case, Operation Green Hunt, the Pathribal killings, the Sopore massacre, custodial torture, and the rape and killing of Manorama Devi are only a few examples.

Remember Manorama Devi was tortured, raped, and killed by armed personnel on 11 July 2004?

One cannot forget the image of women protesting naked in front of the Assam Rifles headquarters in Imphal, Manipur holding banners titled: "Indian Army Rape us". The protest was in response to an incident that took place on the night of 10-11 July, 2004 when Ms. Thangjam Manorama Devi was arrested by soldiers of Assam Rifles for interrogation. In the morning her dead body was found in mutilated condition. She had been sexually assaulted, tortured in custody, and ultimately killed. Even after ten years of the incident, no prosecution has started. The contents of the commission of inquiry report ordered by the state government have not been made public as the Army had gone in appeal against the State of Manipur questioning its powers to order such an inquiry.

Protest at Delhi against Impunity to Armed forces in Armed Conflict Areas on July 11 2014

Licence to the Armed Forces to perpetrate unabated violations

What is contributing to the unabated violations is the fact that the armed forces of the country have been granted unquestionable legal exemption from punishment or prosecution in these areas. This legal exemption or impunity arises from various sources:
(i) Legislations - The Armed Forces Special Powers Act (AFSPA), the Army Act and other similar legislations prevent prosecution of armed personnel by local criminal courts without permission of the central government or the concerned army official in-charge.
(ii) Executive actions/inactions - Central government rarely agrees to sanction the demand of prosecuting Army officials in criminal courts. Out of 44 applications for grant of sanction for prosecution of members of the Indian Army, posted in J & K during 1989-2011, 33 were rejected and 11 are still pending for determination.
(iii) Judicial pronouncements - In the recent Pathribal case, the CBI had found the armed personnel guilty of a fake encounter of 5 men from Pathribal in Anantnag. But the Supreme Court upheld the claim of the Army that the sessions court had no jurisdiction to conduct trial of guilty officers, and that only the Army had the right to do so. This is an outright violation of the principle of natural justice where 'one cannot be a judge of his own cause'.

No more impunity in the name of ‘national interest’

Violence by the armed forces is often justified in the name of protecting 'national interest', 'integrity' and 'sovereignty'. But in reality, by the use of violence, the powerful section of society is plundering the resources of the people and trampling on their democratic and other fundamental rights. Secondly, an unresponsive state means the decline of the larger democratic setup of this country. This is because the growth of impunity and resulting decline of democracy in one region creates ample ground for the same kind of impunity and rings the death knell for democracy in other regions.

The government and mainstream media often says that the armed groups in these states are 'terror groups', to be eliminated in order to achieve peace. But why did these groups resort to arms in the first place? Why is the State using military means to suppress people's struggles? Why is there one armed personnel for at least every 125 people in Jammu and Kashmir? What is the need for an 'Operation Green Hunt' in order to respond to people's demands for use of natural resources that they have reared for generations? When we find answers to these questions, we would understand that political issues to which there are possibilities of democratic solutions are being dealt by the State in a militarised manner.

Why are there different laws for armed forces?

While the women’s rights movement has made some inroads in ensuring punishment for violent crimes on women, the people’s movement in regions like the North East is still struggling to win justice for victims of rape, abductions and custodial deaths. To even have the accused army personnel tried in normal criminal courts is impossible. Why are the same criminal acts being treated differently in the country? Why are the armed forces being shielded for acts punishable in 'non armed conflict' areas? Is rape and torture part of official duty?

It is this context that we request you to join us in a Protest Dharna for demanding the End of Impunity to Armed Forces in Armed Conflict Areas.

Date: 11 July 2014
Time: 11am to 4pm
Venue: Jantar Mantar, New Delhi

Organisations: Aatish, AISA, All India Federation of Trade Unions (New), Bigul Mazdoor Dasta, Campaign for Peace and Democracy, DSU, Inqlabi Mazdoor Kendra, Jamia Teachers' Solidarity Association, Jan Hastkshep, Janrang, JNUSU, Krantikari Naujawan Sabha, Manipur Students' Association Delhi, Mazdoor Ekta Kendra, Mehnatkash Mazdoor Morcha, Morcha, New Socialist Initiative, North East Forum for International Solidarity, People's Democratic Front of India, People's Union for Democratic Rights, Pratidhwani, Saheli, Sanhati, Stree Mukti Sangthan, Viplav Sanskritik Manch, Women against Sexual violence and State repression.