Dimapur, August 3 (MExN): The enforcement of India’s villainous Armed Forces (Special Powers) Act in the North East region, particularly Nagaland state, pushes the indigenous peoples to even more reasons to want to liberate from a government that enacts such evil laws, Prime Minister of India Dr. Manmohan Singh is told by the Naga Hoho.
Naga Hoho urges PM to revoke Disturbed Areas Act
Apex Naga tribal organization the Naga Hoho today wrote a letter to the Prime minister of India earnestly requesting him to revoke the Disturbed Area Act from all Naga areas to ensure peaceful co-existence “without fear among different race in our land.”
“We strongly feel that the enforcement of AFSPA and declaration of DAA in the North East pushes the people to more reason to want to liberate from a state which enacts such powers and the agitation which ensues continues to justify the use of the AFSPA from the point of view of the Indian government,” the Naga Hoho stated in its letter.
The Armed Forces (Special Powers) Act of 1958 (AFSPA) is one of the more draconian legislations that the Indian Parliament has passed in its 54 years of Parliamentary history. Under this Act, all security forces are given unrestricted and unaccounted power to carry out their operations, once an area is declared “disturbed”.
Even a non-commissioned officer is granted the right to shoot to kill based on mere suspicion and assumption that it is necessary to do so in order to “maintain the public order”.
“Now, more than 50 years lapsed since the enforcement of infamous Armed Forces Special Powers Act (AFSPA) in Nagaland under the pretext of waging armed struggle by the Naga people for liberation,” the organization stated. The Naga Hoho reminded of Manmohan Singh’s assurance during his visit to Assam in 2006 to replace AFSPA by a “more humane law.”
The Justice Jeevan Reddy Committee had recommended the complete repeal of AFSPA from the North-East, the Naga Hoho said, but the present situation broadly highlights the poor progress made in this regard.
“Moreover, the definition of key phrases, especially ‘disturbed area’ must be clarified. The declaration that an area is disturbed should not be left to the subjective opinion of the central or state government. It should have an objective standard which is judicially reviewable and the declaration that an area is disturbed should be for a specified amount of time. Such a declaration should not persist without legislative review,” the ‘hoho’ stated. The prime minister is well aware that the Armed Forces Special Powers Act contravenes both Indian and International law, the letter said.
Members of the UNHRC asked numerous questions about the validity of the AFSPA, questioning how the AFSPA could be deemed constitutional under Indian law and how it could be justified in the light of Article 4 of the International Covenant on Civil and Political Rights (ICCPR) “Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, recognizing that these rights derive from the inherent dignity of the human person…..”
The Naga Hoho called “unethical” to extend and continue the “Disturbed Area Act” in Nagaland considering the current ceasefire with the Naga underground organizations, the current peace process and the overall improvement in the law and order situation in the state. “Under these circumstances, the Naga Hoho earnestly request your esteemed authority to revoke the DAA from all Naga areas so as to ensure peaceful co-existence without fear among different race in our land,” the Naga Hoho stated to the prime minister.
Naga Hoho urges PM to revoke Disturbed Areas Act
Apex Naga tribal organization the Naga Hoho today wrote a letter to the Prime minister of India earnestly requesting him to revoke the Disturbed Area Act from all Naga areas to ensure peaceful co-existence “without fear among different race in our land.”
“We strongly feel that the enforcement of AFSPA and declaration of DAA in the North East pushes the people to more reason to want to liberate from a state which enacts such powers and the agitation which ensues continues to justify the use of the AFSPA from the point of view of the Indian government,” the Naga Hoho stated in its letter.
The Armed Forces (Special Powers) Act of 1958 (AFSPA) is one of the more draconian legislations that the Indian Parliament has passed in its 54 years of Parliamentary history. Under this Act, all security forces are given unrestricted and unaccounted power to carry out their operations, once an area is declared “disturbed”.
Even a non-commissioned officer is granted the right to shoot to kill based on mere suspicion and assumption that it is necessary to do so in order to “maintain the public order”.
“Now, more than 50 years lapsed since the enforcement of infamous Armed Forces Special Powers Act (AFSPA) in Nagaland under the pretext of waging armed struggle by the Naga people for liberation,” the organization stated. The Naga Hoho reminded of Manmohan Singh’s assurance during his visit to Assam in 2006 to replace AFSPA by a “more humane law.”
The Justice Jeevan Reddy Committee had recommended the complete repeal of AFSPA from the North-East, the Naga Hoho said, but the present situation broadly highlights the poor progress made in this regard.
“Moreover, the definition of key phrases, especially ‘disturbed area’ must be clarified. The declaration that an area is disturbed should not be left to the subjective opinion of the central or state government. It should have an objective standard which is judicially reviewable and the declaration that an area is disturbed should be for a specified amount of time. Such a declaration should not persist without legislative review,” the ‘hoho’ stated. The prime minister is well aware that the Armed Forces Special Powers Act contravenes both Indian and International law, the letter said.
Members of the UNHRC asked numerous questions about the validity of the AFSPA, questioning how the AFSPA could be deemed constitutional under Indian law and how it could be justified in the light of Article 4 of the International Covenant on Civil and Political Rights (ICCPR) “Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, recognizing that these rights derive from the inherent dignity of the human person…..”
The Naga Hoho called “unethical” to extend and continue the “Disturbed Area Act” in Nagaland considering the current ceasefire with the Naga underground organizations, the current peace process and the overall improvement in the law and order situation in the state. “Under these circumstances, the Naga Hoho earnestly request your esteemed authority to revoke the DAA from all Naga areas so as to ensure peaceful co-existence without fear among different race in our land,” the Naga Hoho stated to the prime minister.
