Aberforth
The Internationalist
Not beating much around the bush, I decided to check the clauses of the Armed forces special act due to repeated requests from my North Eastern friends to enlighten myself in this subject. I came across Section 4 of AFSPA and it quite disturbed me -
Any commissioned officer, warrant officer, non commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area-
can shoot to kill, under the powers of section 4(a), for the commission or suspicion of the commission of the following offenses: acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons.[
Basically this section points to one fact, armed force officer(s) can kill at their whim or minor paranoia and due to the other clauses protecting them, the north eastern populace wouldn't be able to do much about it except mourn their dead.
arrest, without warrant, any person who has committed a cognisable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognisable offence and may use such force as may be necessary to effect the arrest as pointed by section 4(c)
You can well imagine the circumstances. Assuming an Army officer gets greedy/lusty and demand money or their sister. If they refuse he can as well arrest, use force, kill and claim reasonable suspicion. He can then rape their sister and dispose her using section 4(a). Of course the section 6 is there to protect him from all legal actions.
enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined by Section 4(d)
If the Armed force guy rapes their sister, kills their relatives and is caught, you can't even hold him in place or call the police. They can use this clause, break down your house and take him away and of course kill you for restraining him. And believed is a vague and relative term, isn't it? There isn't much the locals can do about this either.
Now we come to the icing on the cake -
Section 6. Protection to Persons acting under Act – No persecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.
So well if your relatives get killed, raped, house plundered there isn't much you can do. This legendary act protects the Indian armed forces for whatever their whim fancies on the North Eastern people as it keeps them immune to Judiciary. This section leaves the victims of the armed forces abuses without a remedy. Touche eh...?
The states which this draconian uncivilized act applies to are - "Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and Arunachal Pradesh". The act was passed on 11th September, 1958 in the Indian Parliament, massive victimization of the locals has happened ever since.
The actual militants make deals with the government, declare cease fires, bribe the armed forces and have total control over these states. The innocent civilians end up suffering, paying 'taxes' to the militants and getting raped, killed and plundered by the military. Ironically none of us mainstream Indians or Anglo-Indians have ever been victimized (I don't want to give them ideas though, I simple find it odd)
All subsequent governments of India have considered these grievances as trival, there is no serious initiative to scrape this inhuman act. With a small represetation of 22 MPs in Lok Sabha of 545 MPs they don't have a lot of say in this regard.
The AFSPA violates Fundamental Rights on North Eastern people giving them no judicial remedy using Section 6 as I said above. If you have knowledge of Fundamental Rights and International Human Rights you can compare them with the clauses of AFSPA and see if you are not ashamed we were negligent to these earlier.
International human rights groups and foreigners are banned from Nagaland, Mizoram and Arunachal Pradesh. If an Indian wants to visit these states they have to procure an informal visa called "Inner Line Permit" from the states houses and get themselves checked by the Army on entry and exit to prevent sneaking out anything conclusive. And we are talking of India.
If it is tiring to read all these of are simply uninterested, in short we have different laws for other races in India, one for all of us and one for them, theirs is designed for cruelty - with precision
Any commissioned officer, warrant officer, non commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area-
can shoot to kill, under the powers of section 4(a), for the commission or suspicion of the commission of the following offenses: acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons.[
Basically this section points to one fact, armed force officer(s) can kill at their whim or minor paranoia and due to the other clauses protecting them, the north eastern populace wouldn't be able to do much about it except mourn their dead.
arrest, without warrant, any person who has committed a cognisable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognisable offence and may use such force as may be necessary to effect the arrest as pointed by section 4(c)
You can well imagine the circumstances. Assuming an Army officer gets greedy/lusty and demand money or their sister. If they refuse he can as well arrest, use force, kill and claim reasonable suspicion. He can then rape their sister and dispose her using section 4(a). Of course the section 6 is there to protect him from all legal actions.
enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined by Section 4(d)
If the Armed force guy rapes their sister, kills their relatives and is caught, you can't even hold him in place or call the police. They can use this clause, break down your house and take him away and of course kill you for restraining him. And believed is a vague and relative term, isn't it? There isn't much the locals can do about this either.
Now we come to the icing on the cake -
Section 6. Protection to Persons acting under Act – No persecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.
So well if your relatives get killed, raped, house plundered there isn't much you can do. This legendary act protects the Indian armed forces for whatever their whim fancies on the North Eastern people as it keeps them immune to Judiciary. This section leaves the victims of the armed forces abuses without a remedy. Touche eh...?
The states which this draconian uncivilized act applies to are - "Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and Arunachal Pradesh". The act was passed on 11th September, 1958 in the Indian Parliament, massive victimization of the locals has happened ever since.
The actual militants make deals with the government, declare cease fires, bribe the armed forces and have total control over these states. The innocent civilians end up suffering, paying 'taxes' to the militants and getting raped, killed and plundered by the military. Ironically none of us mainstream Indians or Anglo-Indians have ever been victimized (I don't want to give them ideas though, I simple find it odd)
All subsequent governments of India have considered these grievances as trival, there is no serious initiative to scrape this inhuman act. With a small represetation of 22 MPs in Lok Sabha of 545 MPs they don't have a lot of say in this regard.
The AFSPA violates Fundamental Rights on North Eastern people giving them no judicial remedy using Section 6 as I said above. If you have knowledge of Fundamental Rights and International Human Rights you can compare them with the clauses of AFSPA and see if you are not ashamed we were negligent to these earlier.
International human rights groups and foreigners are banned from Nagaland, Mizoram and Arunachal Pradesh. If an Indian wants to visit these states they have to procure an informal visa called "Inner Line Permit" from the states houses and get themselves checked by the Army on entry and exit to prevent sneaking out anything conclusive. And we are talking of India.
If it is tiring to read all these of are simply uninterested, in short we have different laws for other races in India, one for all of us and one for them, theirs is designed for cruelty - with precision
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