This is the country which calls Mohandas Karamchand "Mahatma" Gandhi
the "father of the nation" and plasters his face over each currency
note. This is the country which pretends to worship non-violence, and in
the shape of pop film Gandhi-ism
as well. This is also the country with the world's third largest
standing army, an army which uses (and has used for almost half a
century, without any discernible success) one of the worst, most brutal,
and most indefensible piece of legislations ever imposed on a portion
of an allegedly democratic polity.
That legislation is the Armed Forces Special Powers Act of 1958, under which Manipur (in which up to 20 armed groups are "fighting for freedom" at any given moment) is called a "disturbed area" and where all the armed forces (including paramilitary organisations) have been given the power - which they have most freely used - 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 that it is necessary to do so in order to "maintain the public order".
That legislation is the Armed Forces Special Powers Act of 1958, under which Manipur (in which up to 20 armed groups are "fighting for freedom" at any given moment) is called a "disturbed area" and where all the armed forces (including paramilitary organisations) have been given the power - which they have most freely used - 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 that it is necessary to do so in order to "maintain the public order".
The AFSPA gives the armed forces wide powers to
shoot, arrest and search, all in the name of "aiding civil power." It
was first applied to the North Eastern states of Assam and Manipur and
was amended in 1972 to extend to all the seven states in the north-
eastern region of India. They are Assam, Manipur, Tripura, Meghalaya,
Arunachal Pradesh, Mizoram and Nagaland, also known as the "seven
sisters". The enforcement of the AFSPA has resulted in innumerable
incidents of arbitrary detention, torture, rape, and looting by security
personnel. This legislation is sought to be justified by the Government
of India, on the plea that it is required to stop the North East states
from seceding from the Indian Union. (Source: http://www.hrdc.net/sahrdc/resources/armed_forces.htm)
Quite apart from the question of whether there is any
possible justification for large scale annihilation of people to force
them to be a part of a political unit they wish to leave (and on this
I'd just mention that the people who constantly go on about the world
being a global village are also those who are always the most raving
opponents of letting go of even one square millimetre of territory, no
matter how valueless) is the precise point that this legislation has
solved nothing. It has, in its half century of existence, seen
secessionist activity in NE India grow from just the Nagas to an extent
where not a single state (not even Arunachal Pradesh) is free of some
form of insurgency. The Act also
contravenes both Indian and International law
standards. This was exemplified when India presented its second periodic
report to the United Nations Human Rights Committee in 1991. 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 light of Article 4 of the ICCPR.
The Attorney General of India relied on the sole argument that the AFSPA
is a necessary measure to prevent the secession of the North Eastern
states. He said that a response to this agitation for secession in the
North East had to be done on a "war footing." He argued that the Indian
Constitution, in Article 355, made it the duty of the Central Government
to protect the states from internal disturbance, and that there is no
duty under international law to allow secession.
This reasoning exemplifies the vicious cycle
which has been instituted in the North East due to the AFSPA. The use of
the AFSPA pushes the demand for more autonomy, giving the peoples of
the North East more reason to want to secede 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 (ibid)
This is precisely the point. It just arouses more
resentment (and I can assure you that the armed forces' arrogance has
caused them to be deeply and truly hated even in peaceful parts of the
North East, like Meghalaya), more violence, and more repressive measures
from a gaggle of politicians in Delhi who would be hard put to locate
Manipur on the map, let alone give a damn about who lives or dies there.
The AFSPA is also in definite contravention of the
Indian Constitution - instead of pasting more pages of information, I
would recommend, again, a careful perusal of a detailed study of its
unconstitutionality here.
Not that it matters to the people of "mainland"
India who if they think of the North East at all, think of its people as
head hunting jungle savages who need an iron hand to drag them to
civilisation and light. Nor does the AFSPA affect them, no matter how
much it might make the POTA and TADA
they either love or hate look like benign legislation. The politicians
of the North East are also easily co-opted. All opposition is up to
informal groups and to individuals of the likes of Irom Sharmila Chanu.
So, who is Irom Sharmila Chanu?
On Thursday, November 2, 2000 a convoy of Assam Rifles
was ambushed by insurgents near Malom in Manipur. In retaliation the
paramilitary personnel ran amok and murdered 10 civilians - which was
pretty much par for the course for Manipur. It had happened many times
before. Unfortunately for the Assam Rifles, though, one woman who
witnessed it was pushed beyond the margin of tolerance. That woman was a
then 29 year old called Sharmila. She promptly went on a fast unto
death until the AFSPA was withdrawn from Manipur, and to this day,
over six years later, has not even taken so much as water. She is being
kept alive by being force-fed through a nasogastric tube - in hospital,
where she is most of the time, and in jail where she is confined the
rest of the time on the charge of "attempted suicide" (another brilliant
Indian law that makes suicide illegal - brilliant since success would
put the criminal beyond reach of punishment).
During her fast, Sharmila has even
deprived herself of the company of her mother, since she is afraid the
lady will not have the moral strength to see her daughter in that state.
She has repeatedly declined blandishments including offers of a seat in
the Manipur State Legislature in order to end her fast.
Of course the Indian Army does not
want the Act lifted. When did any armed force want to give up the right
to be able to harrass and murder civilians at will, anyway? The odd
thing is, no one challenges it to prove how things have improved after
twenty six unending years of imposition of the act in Manipur.
Meanwhile...
In June 2004, a young Manipuri woman called Thangjam Manorama Devi was abducted, raped and murdered by Assam Rifles personnel on the pretext of being a member of a militant organisation. Massive protests, which faced violent suppression and the public stripping
at the gates of Kangla Fort (then the Assam Rifles' headquarters in
Manipur) by members of the womens' organisation Apunba Lup,
followed. Ultimately - and with extreme reluctance - AFSPA was
withdrawn from Imphal, and Imphal only, yet it continues to be imposed
on the rest of the state. And the situation is no better.
On October 4, 2006, Irom Sharmila
reached Delhi and promptly continued her fast at Jantar Mantar. On the
night of 7 October, she was arrested
and taken to hospital. There she remains under police custody, even
though the hospital authorities say she is fit to be discharged. After
all, she will certainly immediately resume her fast unto death in
public, and in Delhi, especially with the tourist season just beginning,
it is not going to be as easy suppressing facts as it is in faraway
Manipur.
Meanwhile, again, all the lessons learned from this is that only violence is liable to catch the eye of authority.
And that is the position of "Gandhigiri" (Gandhism) in India today.
(From Nov 2006)
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