Nagaland killings a reminder why AFSPA should go

Laws like AFSPA are antithetical to international human rights norms and our constitutional values

On Monday, while speaking in the Lok Sabha about the recent killings of 15 civilians in Nagaland by the Army, Union Home Minister Amit Shah said the Government of India expresses deep regret over the unfortunate incident. Instead of going into the root cause of the incident, Shah tried to justify it by claiming it to have been a mistake. According to him, the Army had received information on the movement of extremists and, based on this, laid an ambush in the suspected area. "A vehicle reached there, it was signalled to stop, but it tried to flee. On suspicion of the vehicle carrying extremists, it was fired upon," he told Parliament, adding later that it was discovered they were civilians.

But few, least of all in the Northeast, are convinced that the civilians were killed by mistake or suspicion as they were trying to flee. Nyawang Konyak, the Bharatiya Janata Party (BJP)'s Mon district president, the district where the killings took place, termed the claim Shah made in Parliament a lie. According to media reports, disappointment among party leaders was evident in the BJP's Nagaland state executive's WhatsApp group.

More importantly, the killings have revived the demands for repeal of the Armed Forces (Special Powers) Act [AFSPA]. Unlike in the past, not just the much-maligned human rights defenders, but a larger section of the Northeast's society and mainstream political parties have demanded repeal. People have realised such killings are likely to continue as long as the AFSPA is in force. After all, something like this has not happened in the region for the first time.

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On November 2, 2000, 10 civilians were gunned down allegedly by the 8th Assam Rifles at Malom Makha Leikai, near Imphal (Manipur)'s Tulihal airport while waiting at a bus stop. The victims included Leisangbam Ibetombi, a 62-year-old woman, and 18-year-old Sinam Chandramani, a winner of the National Bravery Award. The incident forced activist Irom Sharmila to sit on a hunger strike against the AFSPA, which lasted 16 years.

According to a report prepared by the Extrajudicial Execution Victims' Families Association Manipur (EEVFAM), "during the period May 1979 to May 2012, at least 1,528 people were killed in Manipur alone by security forces on the basis of suspicion or terming them terrorists or their allies. Based on this report, towards the end of 2012, a PIL was filled in the Supreme Court of India. In July 2016, the SC concluding that indeed several innocent people were killed by the security forces had remarked: "if members of our armed forces are deployed and employed to kill citizens of our country on the mere allegation or suspicion, that they are the 'enemy', not only the rule of law, but our democracy would be in grave danger".

However, despite these strong words by the SC, 'action' has been taken in only a few of the cases. According to a recent report by the EVFAM, of the 1,528 cases filed by the organisation, the CBI had registered 39 FIRs and filed chargesheets in only 19 cases. Even a cursory glance of these cases tells us that this culture of impunity continues to prevail because the draconian AFSPA allows security personnel to kill anyone on mere suspicion in the name of maintaining law and order in the so-called disturbed areas.

Also read: Civilian killings at Oting village was a misuse of AFSPA, says Nagaland CM Neiphiu Rio

According to the Act, in an area declared "disturbed", even a non-commissioned officer of the armed forces has powers to: "Fire upon or otherwise use force, even to the extent of causing death, against any person who is acting in contravention of any law", against "assembly of five or more persons" or possession of deadly weapons. Moreover, to arrest without a warrant and with the use of 'necessary' force on anyone who has committed certain offences or is suspected of having done so and to enter and search any premise at any time in order to make such arrests. It gives army officers legal protection for their actions. There can be no prosecution, suit, or other legal proceedings against anyone acting under the law.

The AFSPA is dangerous because it makes human rights violations routine in areas declared "disturbed". It is also problematic because once the AFSPA is in force, as it is in a large part of the Northeast, the government, through a simple notification, can declare any area, the entire state, or parts of the state, as "disturbed" without any public debate. For example, in July, the Union Home Ministry declared the entire Nagaland a "disturbed area" for six more months till December 31, under AFSPA that empowers security forces to conduct operations anywhere and arrest anyone without prior notice. In this manner, an area can remain "disturbed" for years with no end. Furthermore, the AFSPA legitimises a localised form of indefinite emergency rule.

As we, along with the rest of the world, observe Human Rights Day today, December 10, it is important to remember that laws like the AFSPA are an antithesis of international human rights norms and our constitutional values. The repeal of the AFSPA will not only minimise human casualties but also save the soul of our democracy.

(The writer is a multilingual journalist and researcher)

Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH.