U A Shimray
The North Eastern region of India comprises several ethnic groups with diverse socio-cultural settings. Since independence of India, the region is perpetually placed under the military rule with the draconian laws called Armed Forces [Special Powers], Act 1958 [as amended in 1972]. The intervention by the Armed Forces is a long standing and the real fact is fairly known. Today, the state is treating region’s political struggle and social movements as- anti-state movement, anti-national, disruptive and terrorism.
The Armed Forces (Special Powers), Act 1958 confers extraordinary power to the Indian Army and other security forces in “disturbed areas” of the region. The Act gives no precise definition of a “disturbed areas”. The declaration of any area as “disturbed” under Section 3 of the Act is the prerogative of the Governor of the state or the Central Government. The State Legislative has absolutely no jurisdiction in the matter [under the Act]. The Act empowers to search, seize, arrest and even kill anyone suspected to be insurgent in order to maintain “law and order.” No inquiry can be held against any action the Army takes unless specifically sanctioned by the Central government. The Act authorises even an ordinary soldier to “shoot to kill,” to enter and search, arrest without warrant any person against mere suspicion.
In any “military operational” circumstances, human rights are often violated in their search for an elusive enemy. Civilians been detained illegally and tortured. The nature of human rights violations in the region includes- extra-judicial killings, rape, molestation and sexual harassment of women, torture, force labour and desecration of churches. Many innocent people “just” vanished and suspected persons could be killed under the disguise of “maintaining public order”. For instance, infamous Oinam’s incident [in Senapati district of Manipur in the mid 1980s] where one Assam Rifles outpost was completely razed to the ground by the Naga insurgency. Immediately, Assam Rifles launched a counter-operation popularly known as “Operation Blue bird.”
There are several cases related to army atrocities and human rights abused. Initially, Central used the weapon of AFSP to counter the Naga political movement and armed struggle in the early 1950s. Under this Act, the Naga villagers suffer immense human rights violations like killings, rape, molestation, tortured, village grouping, and concentration camp. One classic expression of excess human rights violations is during the “Operation Blue Bird”. Many Naga girls are rape and sexually molested, men are killed and tortured. Also, there was a large scale looting and burnt the harvest.
The Assam Rifles, infamous paramilitary force for its acts of atrocities committed on civilian during counter-insurgency operations came out with a slogan “Friends of the Hill”. Further, added to tag such as “Sathi Laga Force” [the “friendly force” in corrupted Assamese] and “Operation Good Samaritan”. The presentation was to heal the Nagas’ pains. In a few cases, the armed forces have taken action against their security personnel. One young Lieutenant was sentenced to life imprisonment for the murder of young woman Miss Luingamla in Ngaimu village, Ukhrul district of Manipur in 1986.
No long ago Imphal valley experienced protests against the high handedness of Indian armed forces and misused of AFSP. The unprecedented protests broke out with the killing of one Kumari Manorama Devi, a woman in her early thirties by the Assam Rifles who the army claims was a member of the banned insurgency group Peoples’ Liberation Army (PLA). The public particularly Meitei community insist Ms. Manorama was innocent and a dozen of women stage a protest in naked near the Kangla Fort [Assam Rifles used the Fort as their base camp before it is historically handed over to the Manipur State under the presence of Prime Minster Dr. Manmohan Singh].
The Assam Rifles’ “Friend of the Hills” as well as custodial guardian of AFSP is uneasy in the North Eastern region. The excessive approach of the armed personnel in counter-insurgency operations has led to a substantial deterioration in the lives of the common people. The public has come out in the street, to the army gate, shouting slogan “Indian Army go back”, “Indian Army rape us”[Take a case of Meitei women protest in naked]. The security brutalized shows little respect for democracy and civilian rule. However, the army official using national sentiment and patriotism protected the culprit-armed personnel and repeatedly denied the reports of violations as “baseless” and “exaggerated”.
In the late 1970s, group of Naga Students from Jawaharlal Nehru University, New Delhi formed Naga human rights organisation called Naga People Movement for Human Rights (NPMHR) and condemn the Act. Since then, Nagas continues to fight justice and protect the innocent people. The NPMHR challenge AFSP in the Supreme Court. The Supreme Court of India, in the case of NPMHR v/s Union of India upheld the Act [on November 27, 1997]. Very unfortunate, as it expressed satisfaction with the “10 Commandments” issued by the Army Chief for dealing the insurgency. Recently, the GoI set up a “Review Committee” under the leadership of Justice BP Jeevan Reddy, so far there is no any outcome or action taken of the committee’s Report.
