The United Nations has asked India to repeal the controversial Armed Forces (Special Powers) Act, saying it had no role to play in a democracy. A UN Special Rapporteur urged India to repeal the controversial law that gives its military special powers to act in troubled areas. Christof Heyns, UN's Special Rapporteur on extrajudicial, summary or arbitrary executions, had pointed out that the Armed Forces (Special Powers) Act has become a "symbol of excessive state power" and "has no role to play in a democracy". His comments came after the conclusion of his 12-day fact-finding mission to examine situations of extrajudicial, summary or arbitrary executions in India. Besides this adverse comment by the UN on its draconian nature, it has now come to be recognized that AFSPA “clearly violates International Law”. A number of UN treaty bodies have pronounced it to be in violation of International Law as well," the UN's Special Rapporteur is on record as stating. It is reported that the UN Special Rapporteur’s final conclusions and recommendations will be submitted as a comprehensive report to the Human Rights Council at a future session in 2013. Given the adverse comment the Government of India was quick to downplay the statement coming from the UN and instead reminded that several amendments to the AFSPA were pending before the Cabinet Committee on Security (CCS). The Justice Jeevan Reddy committee Report has been out long ago and yet the issue has been dragged on for years now without any resolution.
The problem with New Delhi’s handling of the AFSPA question is the lack of political will to reform and change. It is high time for India to wake up to reality. As seen in the latest conduct of elections in Burma, even the most repressive regimes can reform. Much more is expected from the world largest democracy to improve its human rights record and look at ways to bring reforms wherever necessary including on the controversial AFSPA. India must be attentive to the need of shouldering much more responsibility as an emerging power beyond South Asia. And while India rightly deserves a permanent seat in the United Nations Security Council, it must remain conscious about its own responsibility as it takes to new powers. India will therefore be expected to show more resolve, maturity and leadership when it comes to global and regional affairs. However does it have the moral authority to lead? As rightly pointed out by even President Barack Obama during his visit to India, New Delhi has often shied away from raising its voice on matters of importance such as the situation in Myanmar or its silence on the military atrocities and human rights abuse despite taking pride in the values of democracy, pluralism and freedom. It is time for India to be a more responsible power.
All of us are aware of the fact that more than 50 years have lapsed since the enforcement of this infamous AFSPA in Nagaland under the pretext of the Naga issue. It is quite strange and at the same time disturbing that the Government of India is unable to even take a decision on the AFSPA despite many years of ‘observation, study’ and even recommendations made by various committees on the subject. The Justice BP Jeevan Reddy committee appointed by the Government of India has officially recommended for repeal of the AFPSA. Similarly the Second Administrative Reforms Commission that was then headed by Mr. Veerappa Moily, recently Law Minister in the central government has also made similar recommendation. The political establishment continue to sit over these findings and suggestions made thereof. And this is precisely the reason why problems in Kashmir and the Northeast region remain unresolved and people are further alienated and marginalized. The prestige of Prime Minister Manmohan Singh is at stake. Having assured more than once about replacing the Act in the northeastern states with a “more humane” law, the PM will hopefully keep his word.
