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Irom Sharmila condemns Manipur killing; urges repeal of AFSPA

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Irom-Sharmila

New Delhi: Rights activist Irom Sharmila has condemned the militant ambush that killed 18 armymen in Manipur but said there was “no use” imposing Armed Forces (Special Powers) Act in interior areas.

“I strongly condemn yesterday’s incident. The incident happened in the area where AFSPA is fully applied. If you remove the army from Manipur, such untoward incidents of killings will automatically cease. There is no use imposing AFSPA in the interior. I think AFSPA targeted not a particular organisation or insurgent but all people of Manipur,” Sharmila, who was in Delhi to appear before a local Court in connection with a pending case over her fast-unto-death at Jantar Mantar in 2006, said.

18 armymen were killed and 11 injured when an insurgent group ambushed their patrol in Chandel district of Manipur.

Urging for peace and repealing of AFSPA from the state, she said “the government should change its policies and programmes because violent means will only create violence.”

“We will never solve any problem by violence because we are rational beings. With love and kindness, everything can be solved”, she added.

Sharmila, also known as the ‘Iron Lady of Manipur’, has been on a fast for about 14 years, demanding the repeal of the Act.

(Agencies)

Tripura withdraws AFSPA after 18 years

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Chief minister Manik Sarkar says no requirement of the Act now as the insurgency problem has largely been contained

A file photo of Tripura chief minister Manik Sarkar. Photo: Indranil Bhoumik/Mint

A file photo of Tripura chief minister Manik Sarkar. Photo: Indranil Bhoumik/Mint

Agartala: The Tripura government on Wednesday decided to lift the Armed Forces Special Power Act (AFSPA) from the state, where the controversial law was in effect for the last 18 years to curb insurgency.

Chief minister Manik Sarkar, who is also the home minister of the state said this decision was taken in the meeting of the council of ministers during the day. “We have reviewed the situation of the disturbed areas of the state after every six months and also discussed the issue with the state police and other security forces working in the state.

“They suggested that there is no requirement of the Act now as the insurgency problem has largely been contained. We would soon issue gazette notification in this regard,” Sarkar told reporters.

This Act was imposed in the state on 16 February 1997 following spurt of violence by the ultras. “When the Act was imposed there were only 42 police stations and two-third of the entire police station areas were under this act.

“The number of police station areas at present are 74 and out of 74 police stations 26 police stations were fully and four police stations partly under this Act till recently,” he added.

(PTI)

CFI holds nationwide campaign against 'State terrorism'

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CFI

Kalaburagi: “How can you remain silent when government goes on killing own people?” was the question raised in the protest against State-sponsored terrorism and fake encounters organized by students belonging to different colleges under the banner of Campus Front of India. The protest marked the inauguration of the 5-day national campaign against State Terrorism.

Coming down heavily on the extra judicial killings, CFI National Secretary Talha Hussain Gulbargavi said fake encounters are a tool to oppress the marginalized communities. “It is used to subdue the marginalized people when all the other forms of oppression like black laws (UAPA, AFSPA etc) and other tactics like mental harassment and illegal arrest and torture fail to get the results. It is one of most gruesome form of State terrorism. It’s one of the fundamental duties of the state to   protect its citizens, but in case of fake encounters the state not just abdicates and fails the citizens those who trust it, but also acts as an enemy.”

In his presidential address, Karnataka State President of CFI Abdul Raheem Saeed remarked countless number of people is being killed in Border States where draconian security laws like AFSPA are in effect. A people’s movement should erupt against encounters that take place on suspicious occasions like either government is in some crisis and desperately in need of an issue to divert people’s attention or security agencies want more funds.

CFI SEC member Dr Suhail Naik said encounter killings are becoming a daily occurrence in our country. It has been a while since this new trend began that our police kill citizens in cold blood and fabricate stories labelling them terrorists afterwards. Muslims, Dalits and Adivasis are mostly the victims of these state sponsored murders. Such sporadic encounters are being staged at specific intervals in order to serve the vested interests of police and security agencies. The latest examples are the killings of 5 Muslim under-trails in Telengana and the massacre of 20 Tamil Dalit laborers in Andhra Pradesh. The government keeps parroting the police version that the youth who were found handcuffed and locked to the seat in the police vehicle were shot at because they tried to snatch guns and attack police, he said.

Students were also addressed by Bahujan Vidhyarthi Sangh Dist Coordinator JaiBheem Shinde. The programme ended with vote of thanks by Basith Arsalan, who said: “Being a vital part of society, students cannot sit idle in campuses.”

Centre extends AFSPA in Arunachal Pradesh

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Photo: V. Sudershan, The Hindu

Photo: V. Sudershan, The Hindu

New Delhi: India has granted the Army shoot-to-kill powers to fight militants in a wide swathe of the far-flung state of Arunachal Pradesh.

The Army was already exercising “special powers” in other northeastern states, where various separatist, leftist and tribal rebels are waging insurgencies, but Arunachal Pradesh has been relatively peaceful until recently.

Last month, three soldiers were killed in an ambush in the state that the Army blamed on militants from the Naga tribe.

Rebel groups have set up camps across the state, the Home Ministry said in its “special powers” order, and use it as a base to launch attacks in the neighboring state of Assam, which has been hardest hit by an upsurge in militancy in the region.

The order, obtained by Reuters and dated March 27, extended the controversial Armed Forces Special Powers Act (AFSPA) to all districts of Arunchal Pradesh that border Assam – a measure that will affect most of the state`s 1.3 million people.

“We were compelled to expand the jurisdiction of AFSPA due to a drastic rise in violence in the north-east region. The separatist groups have been targeting the police and security officials,” said a senior home ministry official in New Delhi.

The northeastern states, are connected to the rest of the country by a thin sliver of land, and contain diverse ethnic groups, some with links to neighbouring Myanmar.

Militant activity surged in the states, known as “the Seven Sisters”, last year with 465 deaths reported, up from 252 a year earlier, according to the South Asian Terrorism Portal, a think-tank that tracks militancy.

In Assam, the death toll tripled to 305, making 2014 the state`s worst year since 2009. Only nine people were killed last year in Arunchal Pradesh.

The special powers for “disturbed areas” was first used in 1958 to control Naga separatists, and was subsequently extended to most of the north-east. It has been in force in the disputed region of Kashmir since 1990.

Human rights groups blame AFSPA for a host of extra-judicial killings and arbitrary detentions by security forces. On Wednesday, lawmakers in Kashmir called for it to be repealed.

Citizens from the rest of India require a permit to visit Arunchal Pradesh, which is the size of Austria, and heavily militarised along parts of border with China.

China has not responded to the new measure, but Beijing has become increasingly vocal in recent years about India`s control of the region it calls South Tibet.

(Reuters)

AFSPA to be gradually scrapped: Mufti Mohammad Sayeed

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Mufti Mohammad Sayeed

New Delhi: Jammu and Kashmir Chief Minister Mufti Mohammad Sayeed on Monday said his government would initiate the gradual process of scrapping the Armed Forces Special Powers Act from the state.

His comments came two days after twin terror attacks in Jammu and Kashmir killed three security personnel.

“There are certain reservations as far as the Defence Ministry and some army officials are concerned, but we will try to start the gradual process (of scrapping AFSPA),” Mufti told the state Assembly.

“Until you completely revoke AFSPA, make your people accountable,” he said.

Referring to his recent discussion with GOC-in-C Northern Command Lt Gen DS Hooda, Mufti said, “I told him that you have to have a standard procedure.”

(ANI)

AFSPA can't be revoked in Kashmir on political considerations, says BJP's Jitendra Singh

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Protest-AFSPA

Srinagar: Asserting that Pakistan is not ready to mend its ways, Union Minister of State Jitendra Singh on Saturday maintained that Centre was following zero-tolerance towards terrorism and said any decisions of AFSPA cannot be taken on the political considerations.

“I think, this is also an occasion for us to do some re-thinking and rise above the political lines and learn that any decisions regarding sensitive issues, like for example Armed Forces Special Powers, to maintain it or withdraw it, to continue it or discontinue it, has to be essentially based on the wisdom and inputs of the security agencies, instead of getting tempted to political considerations,” said Singh, who is a minister of state in the Prime Minister’s Office.

He hit out at Pakistan for for failure to mend ways to foment trouble in Jammu and Kashmir.

“It is certainly evident that Pakistan is not ready to mend its ways but as the Prime Minister has already stated even on the floor of the House that India, under the present government, follows the policy of zero-tolerance towards terrorism and we are committed to that,” Singh said.

“The Centre is fully-equipped to deal with such a situation”, Singh said, who rushed from New Delhi to visit the injured in the terrorists attack for the second time in as many days, at GMC hospital in Jammu. Singh, who condemned these terror attacks, said that Centre and the present set up in New Delhi is fully equipped to deal any kind of situation.

“I wish to pay my homage to the brave soldiers who lost their lives yesterday and are also fighting out today,” he added.

Union Minister appealed to Union Home Minister Rajnath Singh to see if the amount of compensation to the family members of the martyred soldiers could be increased. The state Health Minister Choudhary Lal Singh, Choudhary Lal Singh, today said that it was not proper to start the process of lifting AFSPA in the state at a time when militant attacks are on the rise.

“How is it possible (to lift AFSPA) when situation has worsened even in the otherwise peaceful districts of Kathua and Samba,” he said. He said that time has come to give them a befitting reply.

Blaming security forces for the lapses, he said adding “how is it possible the infiltration has taken place along International Border”.

The State Chief of Bhartiya Janta Yuva Morcha (BJYM) and MLA, Ravinder Raina also hit out those demanding revocation AFSPA, saying “these twin attacks are eye opener for those who are advocating the revocation of AFSPA. it should not be lifted at all”.

(PTI)

Irom Sharmila released from jail once again

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Irom-Sharmila

Imphal: A local court on Thursday rejected charges of attempt to suicide against rights activist Irom Chanu Sharmila by her indefinite fast for 14 years demanding repeal of AFSPA and ordered her immediate release from custody.

The 42-year-old has been under arrest under section 309 of the Indian Penal Code for attempt to commit suicide. Judicial magistrate (Imphal East) Wisdom Kamodang ruled that the prosecution has failed to give any evidence that she is trying to commit suicide and ordered that Sharmila be discharged in the case.

Imphal West SP Jhaljit told PTI she has been released from prison according to court orders. Demanding repeal of the Armed Forces (Special Powers) Act, Sharmila has refused to eat or drink anything since November, 2000. After her release in the evening, Sharmila again sat on fast under a shed in the local market.

On 19 August 2014, another Manipur court had ordered Sharmila to be released stating that her hunger strike was a “political demand through lawful means”. However, she was re-arrested three days later for allegedly attempting to commit suicide. To keep her alive she is forcibly nose-fed in Imphal’s Jawaharlal Nehru Hospital, a special ward which acts as a prison for her. International human rights body Amnesty has appealed to the authorities saying she should not be arrested once again.

“It is an outrage that Irom Sharmila has been in prison for over 14 years for a peaceful protest,” said Shemeer Babu, Programmes Director, Amnesty International India.

“The judgement must end the farcical cycle of arrest and re-arrest that this brave activist has faced for so long. Authorities must not detain Irom Sharmila again, but engage with the issues she is raising.”

Last month, the central government had said they have decided to repeal Section 309 of the Indian Penal Code, which makes attempting to commit suicide punishable with imprisonment for up to one year.

Sharmila had been arrested, released and then re-arrested from time to time on the charge of attempting to commit suicide. The maximum punishment under Section 309 of the IPC is a one-year jail term.

(PTI)

Move to decriminalise suicide raises hope for Irom Sharmila's release

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Irom-Sharmila

Imphal: The central government’s move to decriminalise attempt to suicide has ushered in new hope for release of Manipur’s rights activist Irom Sharmila Chanu, who has been fasting for over 14 years.

The human rights fraternity of the northeastern state is now planning to move the court for release of Sharmila, better known as the “Iron Lady of Manipur”, who has been fasting since November 2000 to demand repeal of the Armed Forces Special Powers’ Act (AFSPA).

Sharmila’s brother Irom Shinghajit expressed his happiness over the decision, saying this would help Sharmila get out of the jail and will boost their movement against the AFSPA.

Manipur-based rights activist Babloo Loitongbam said: “We are going to move court soon for necessary orders. The central government’s decision has removed criminal tinge from the Sharmila’s movement, we have been saying that her movement is a political one.”

Sharmila decided to sit for indefinite fast after the Assam Rifles killed 10 civilians at Malom in Imphal.

A court in August observed that the “charge of attempt to commit suicide was wrongly framed against the petitioner (Sharmila)” and asked the state government to release her immediately.

However, she was re-arrested within 48 hours of her release. Justifying her re-arrest, Manipur Police said Sharmila was re-arrested on charges of attempt to commit suicide under Section 309 of the IPC.

Union Minister of State for Home Haribhai Parathibhai Chaudhary Wednesday told the Rajya Sabha that the government has decided to decriminalise “attempt to suicide” by deleting section 309 of the Indian Penal Code from the statute book.

The AFSPA, which covers large parts of northeastern India and Kashmir, gives security forces sweeping powers to search, enter property and shoot-on-sight and is seen by critics as cover for human rights abuses.

(IANS)

Nine soldiers indicted for Kashmir killings

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Hundreds join the funeral prayers of two youths killed in Army firing in Chattergam area of central Kashmir’s Budgam district late Monday evening. Photo: Faisal Khan

Hundreds join the funeral prayers of two youths killed in Army firing in Chattergam area of central Kashmir’s Budgam district late Monday evening. Photo: Faisal Khan

Srinagar: Nine soldiers have been indicted for killing two youth in Jammu and Kashmir’s Budgam district Nov 3 and will face court martial, the army said here Thursday.

“Nine soldiers of the 53 Rashtriya Rifles (RR), including a junior commissioned officer, have been indicted for the firing incident in Chattergam area in which two youth were killed.

“The court of inquiry appointed to probe the firing has found gross violation of rules of engagement by the involved soldiers. They have been indicted. There has been a total failure of the command by the officer in charge,” a senior army officer told IANS here.

Widespread public anger followed the killings of two youth – Faisal Yusuf Bhat and Mehrajuddin Dar – in Chattergam area of Budgam district Nov 3 by a mobile vehicle check post set up by the soldiers of 53 RR.

The army had initially said the car in which the youth were travelling had not halted at the security checkpoint.

Lieutenant General D.S. Hooda, GOC-in-C of army’s northern command, later admitted the deployed column of the RR had overstepped its brief and violated the rules of engagement while opening fire at the car.

(IANS)

One sparrow does not herald a spring: PUDR

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Victims: Aasha Begam, mother of Shezad Ahmad with picture of her son. Next her Jabeena, wife of Shezad and his five year old son Shahid. Shezad was killed in the Machil Fake Encounter. Photo: Javed Dar

Victims: Aasha Begam, mother of Shezad Ahmad with picture of her son. Next her Jabeena, wife of Shezad and his five year old son Shahid. Shezad was killed in the Machil Fake Encounter. Photo: Javed Dar

by D. Manjit and Asish Gupta

A rare instance of army convicting its own personnel for war crimes does not mean end of legal immunity enjoyed by the armed forces in what officialdom calls the “disturbed area”. That the government denies presence of armed conflict is of course in marked contrast to the reality on the ground where armed forces enjoy war-time legal immunity. Peoples Union for Democratic Rights has been arguing that the issue of justice in armed conflict areas in India is whether criminal court will exercise jurisdiction or security forces own court, over armed forces personnel for alleged crimes against civilians. Civilians have, in any case, no locus standi in armed forces court. Since the Supreme Court through its judgment on Pathribal case (2012) overturned every single tenet of the Constitution meant to protect the citizen against the abuse of power: it decided against the right to life; against fairness; against the right to equality before law; against the right to Constitutional remedies. It was therefore only another step in that direction that it overturned the foremost principle of law by empowering the accused agency to investigate, prosecute and judge its own crimes.

So given that the aggrieved find doors of criminal court closed to them and having no locus standi before armed forces court, thousands of cases of massacres, rapes, fake encounters, enforced disappearances, torture etc evade justice, perpetrators roam free and aggrieved nurse their wounds. To then project a single case of conviction by GCM as heralding whittling down of impunity is to rub salt in people’s wounds.

Seen in this light the conviction by the General Court Martial headed by Brigadier Deepak Mehra of five army personnel, including two officers, for April 29-30, 2010 fake encounter by luring and then killing three civilians to secure unit citation and cash reward, is a rarity not the rule. Machil killings acted as a catalyst for the 2010 agitation in Kashmir valley in which 126 persons were killed by the Indian security forces. Chief Minister Omar Abdullah has publicly credited former Home Minister P Chidambaram and Lt General KT Parnaik who then headed the Northern Command for ensuring that in the Machil case justice was done.

The announcement of the conviction in Machil case is an exception which was used to mute criticism which arose because of the Budgam incident where trigger happy army personnel fired 126 rounds of bullets on five youths, killing two and injuring three others. There were 45 bullets wounds on the two who died. Demand for repeal of AFSPA and ending legal immunity for forces rose as assembly elections were announced and campaigning began. It was politically embarrassing. Now the GCM had convicted the five army personnel implicated in Machil killing two months back. But the process was not complete. Neither army’s confirming authority, in this case GOC-in-C of Northern Command, had confirmed the sentence, nor closure report filed with the Chief Judicial Magistrate as required.

Our apprehension that this was a PR exercise gain ground because in January army’s GCM had summarily acquitted a retired Major General, two Colonels, a Lt Colonel and a Subedar, belonging to 7 Rashtriya Rifles in the Pathribal case (2000), where CBI had investigated, gathered evidence and filed the charge-sheet. Recently, when Kunan Poshpora (1991) matter came up before the J&K High Court’s Srinagar bench the army, state and the Union government were one in opposing the re-opening of investigation into the notorious gangrape case carried out by personnel from army’s Rajputana Rifles. Thus 23 years after the commission of the mass rape and torture, and 18 months after the Kupwara court order for further investigations, the Indian State continues to deny criminality, and instead defames the victims.

PUDR is convinced that what victims of armed forces violence need are not empty gestures and platitudes but substantive and comprehensive change which brings to an end legal immunity enjoyed by armed forces personnel in “disturbed” areas.

D. Manjit and Asish Gupta are Secretaries of Peoples Union for Democratic Rights (PUDR).

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