Revisiting the Armed Forces Special Powers Act, 1958
- Part 5 -

Laishram Malem Mangal *

AFSPA is Counter Productive

The legislative intention of AFSPA in 1958 was as a short term measure, to quell Naga ethnic uprising in then Assam and Manipur. However, the 1972 Amendment compels to ponder more deeper to ascertain the changed legislative intention of the Act.

The extension of the Act to all the north eastern states save Sikkim in 1972 means ethnic uprisings have permeated through every corners of the region or could it be a different, much more complex issue of political character than mere ethnic uprisings?

The line of defense adopted by the Attorney General, Mr. Ashok Desai in 1991 before the UN Human Rights Committee justifying AFSPA was that the black law was the most effective instrument to prevent the secessionist movement in the north east from India and that preventive measures were being taken up on a war footing.[46]

Thus, it is crystal clear that the Act is to contain the secessionist movement in the region which is basically political in nature contradictory to the Government's plea that it was a measure for maintaining law and order.

"The recurring phenomena of one agitation after another manifest that these are merely symptoms of a malaise which goes much deeper and, unless the 'core issues' (political) are properly addressed which hitherto have not been, and tackled, the frequent violence and decades long turmoil in Manipur (and other north east states) will continue".[47]

The fact that the Act has long lost its contemplated objective would be clearly demonstrated by a statistical analysis of insurgent bodies and their violence. There were no such organized insurgency as it is today in 1958 when the contested Act was enacted.[48]

"Insurgency situation in NE has worsened, insurgent groups greatly increased, their cadres, weapons, tactical capabilities expanded and improved immediately. The black law has acted as a surrogate mother of increasingly proliferating belligerency and insurgency".[49]

There is no doubt that Act has frustrated its objective and becomes counterproductive per se. It has failed in toto practically. Excessive and downright repressive measures by armed forces have perpetrated enormous damage to the civilian lives in the region.[50]

The AFSPA could only have stocked violence but could not quell it.[51]

With a law – AFSPA – license to kill[52] in the region, peoples of north east have been living life under the state of nature where every man runs for his life, and self preservation – a state of perpetual and devastating warfare which threatens everyone, with extreme uncertainty to life as described by Hobbes ( in his Leviathan, 1651) is prevailing in Manipur and north eastern states.[53]

As a result the psyche of the peoples of the region have been immensely disturbed. Their mental conditions greatly affected by prolonged threat of insecurity of life resulting to mental abnormalities, retardation, disorder, hypertension, anxiety, frustration, other psychological problems and disorders, etc.

These are evidently seen in the youths' deviated behaviour – of loss of hope for security – physical, social and development – resorting to taking drugs, etc. to evade from psychological complexities ultimately making them vulnerable to HIV/AIDS infection.

The peoples of the region exhibits their hatred and intense contempt to the black laws and its demoniacal armed forces in varied forms – Sumang Leelas, and songs especially of the younger generations – using the platform to express their discontentment against the apathetic governmental regime of draconian law.[54]

To be continued.....

Authors Notes:
This is a paper presented at the Human Rights Day, 10th December, 2008 organized by the LMS Law College, Imphal on the theme "Human Rights, Law and Society". The topic of my paper is Revisiting the Armed Forces Special Powers Act, 1958.