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E-Pao! EI - The fight goes on - II

The fight goes on — II
— No need of public debate on AFSPA again —

By: Oinam Anand *



Good or best products of Art and literature depicting human pangs come out mostly from a society where there is chaos, unrest and violation of Human Rights.

It is true to the fact that a documentary film AFSPA-58 produced by a Manipuri film maker Pabankumar highlighting the human trauma under a dreaded law wins many international awards.

But the society from where the film gets its story, the place where the dreaded AFSPA had been residing as an unwanted guest from three decades ago, is still languishing for right to life because the monster refu-ses to go away.

In Manipur normal life was nearly paralysed during the past few days following Sharmila's resumption of her agitation in New Delhi. The State witnessed again a mass protest from the public especially from the womenfolk in every parts of Manipur supporting Sharmila in her fight against Armed For-ces' Special Power Act - better known as AFSPA.

The Act, one of the shortest legislation with barely eight sections has been in promulgation in the North-East India for nearly 50 years since independence. It is a dreaded Act made by a State which is supposed to believe in 'Ahimsa'.

AFSPA is an act bearing more fatal sting than the dreaded Hilter's Nazi Law of DACHAO- Nov. 1-1933 which gave the German forces licence to kill merely on suspicion - to kill in suspicion devoid of judicial guarantee.

The people of the State is fighting against this Act under the guiding spirit of a lone lady and from the murder of another woman, Manorama, the protest against this Act reached the whole corner of the world. New Delhi could not remain as a mute spectator.

The Prime Minister came to Imphal and the days 21st November, 2004 was a good or special day in the history of Manipur for two commitments made by Manmohan Singh in his speech in the sacred Kangla.

First announcement of the handing of the key of Kangla to the people of Manipur, second his assertion to the people of Manipur that AFSPA should be reviewed and perhaps even replaced by a more humane law by constituting a review committee.

The two announcements had brought a big applause from the people of Manipur in two ways. First the long cherished dream of Manipuris to free Kangla from the Assam Rifles had been full-filled and second the dreaded law would surely be scraped or repealed. There would be no more extra-judicial killings and at the most, the life of the lone girl, Sharmila fighting for the removal of this Act would be saved.

Within a month, as assured by the PM a review committee headed by Justice (retd) Mr Jeevan Reddy, along with Jurist SD Nakade, retired bureaucrat PP Shrivastava, Lt Gen (Retd) VR Raghavan and journalist Sanjoy Hazarika was formed.

The committee held public hearings from December 27 to 30 in the premises of Manipur Human Rights Commission in Imphal. The committee had also visited other areas of North Eastern States affected by the AFSPA Act.

In due course of time after collecting the facts, the loopholes, the excess power given to the security forces and the public outcry against this Act the Jeevan Reddy Committee submitted 147 page report to the Union Government.

The report of the committee is not made public until a girl from Manipur Irom Sharmila Chanu rings the bell of alarm in the ear of Shivraj Patil. The report of the review committee comes to light and the report unambiguously recommends the repeal of the controversial law.

My point of focus to the long account of the above report is that it is time for the elected representative to press the Central leaders to implement the Jeevan Reddy report. To strike while the iron is hot. But on the contrary our honourable Chief Minister turns the table and asks for a fresh debate on the AFSPA.

It is very unfortunate that the leaders or the politicians who are the representatives of the people of Manipur are yet to see the demand of the repeal of the Act as a collective demand not only of the people of Manipur but a demand of the whole people of the North Eastern States affected by the Act.

Is it a cry of a lone girl for the revocation of the Act? As our honourable MP had given his opinion repealing such an Act at the behest of an individual is out of the question in accordance to Indian Parliamentary Democracy.

The same MP while in his election speech had promised to make every effort to repeal the AFSPA from Manipur. If politicians are famous for breaking promises then our State has got many seasonal politician mastered in flattery.

For the knowledge of our honourable representative in the Parliament, if a few hours are spared for the discussion of the Jeevan Reddy report in the coming winter season of the Parliament, let me write here again what the Constitution guarantees to its citizen about Right to Life and what the provisions in AFSPA deprived this Right to life. It will be a favour for debating in the floor of Parliament in favour of repeating the Act.

Article 21 of the Constitution guarantees every citizens right to life - meaning right to decent life. Section 4(a) of AFSPA give licence to shoot or kill even to a non-commission officer of security forces.

Article 19(1)(b) of Constitution gives freedom of assembly while section 4(c) and (d) of AFSPA give security forces to arrest any suspects from suspected areas and to enter and search any place which they suspect to be wrongly used for hauling for attack on the security forces.

Article 22 of the Constitution guarantees a citizen if arrested by the police to avail his/her reason or ground of arrest and his/her right to consult a lawyer and he/she must be produced before a magistrate within 24 hours of his arrest.

Section 5 of AFSPA says, arrested persons must be handed over to the nearest police station with 'the least possible delay'. What constitutes the least possible delay, 24 hrs, 1 week and 1 year?

These are the positive points of debate in the floor of Assembly against AFSPA. The fight against AFSPA is not a personal matter of a girl.

It is for all of us and those who have got the opportunity of a seat in the Parliament should not forget that they have to lead from the front.


Oinam Anand wrote this article for The Sangai Express
This article was webcasted on October 17th, 2006


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