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  • Category: India

    Armed Forced Privilages Act and rights of local citizens.

    Today, on one side the world is fighting with Corona, on the other side there are many social issues which have been the subject of discussion for a long time, one of them is about the AFSPA law. The need for the Armed Forces Privilege Act (AFSPA) was passed on 11 September 1958 to help the army in the disturbed northeast. When terrorism started to grow in Jammu and Kashmir around 1989, it was also implemented there in 1990.
    AFSPA in a particular area is implemented only when the state or central government declares that area a "disturbed area". AFSPA law is imposed only in those areas which are declared as disturbed areas. Only after the implementation of this law, the army or armed forces are sent there. This law helps prevent violence specially in the northeastern states of the country, but many locals oppose this law as it includes the repressive powers given to the armed forces.

    What do you think how this law should be properly used and implemented so that both the integrity of India and the rights of citizens are protected. Members please share your opinions.
  • #709029
    When the local citizens claims to be the citizen of India then they are bounded by the set rules and guidelines and they cannot take the law in to their hands. By the way why the law of disturbed area is imposed, when the state police and central law enforcing agencies failed to bring the normalcy in the area because the locals does not bend to the local police and the central police. So the final brahmastra , the center has in hand is to send the military to take the disturbed area and contain the wrong doers according to their law and rules. When army takes over. the control would be full and there cannot be laxity in rules and the people have to bend to their rules. As the author said if the locals change their attitude and wants to live on their own with the guarantee of normal life, then sooner or later the AFSPA can be withdrawn.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #709038
    The main argument that is often given in favor of the AFSPA is that in emergency situations it is necessary to give some "special powers" to the forces, without which it would be impossible to take quick and effective action. However, this act has not been able to eradicate insurgency, either in the North East or in Kashmir. In fact, it might even be argued that the very presence of such an act has started a vicious cycle of sorts. This is especially true of certain parts of the North East where (alleged) brutalities by the armed forces have only reduced support for the Indian state and have given fresh fodder to further insurgency. On the other hand, every new wave of terrorist activity makes the removal of AFSPA even harder. Thus this act has produced an almost inescapable vicious cycle.
    There is no doubt that the presence of such an act has led to tragedies like the one at Malom in Manipur (2000). Any encounter, or allegation of rape or custodial violence should be subject to a thorough inquiry, no matter who might be involved. While maintaining national security is of the utmost importance, we shouldn't lose sight of the fact that preserving human rights in the periphery is just as important if we actually want to remain "united".

  • #709065
    This act has given some additional powers to armed forces a power to maintain law and order in disturbed areas They can stop more than 5 persons gathering in these areas. If anybody is violating and not honouring the orders even after giving due warnings, the army can arrest such people without a warrant or then can open fire also. They can search premises without a warrant.
    If the powers given were not misused by the Armed forces and if they see that there is no unwanted use of this act, a normal citizen need not worry. But the problem comes when some people for some vested interests try to misuse the same.
    But some human activists will start hue and cry whenever something like this is done and try to create a situation wherein they get the required popularity. Definitely there should be a balance between powers given and the rights of the people. Both the parties involved should restrain from misusing the powers or rights given to them. Then there will not be any problem, I feel.

    always confident

  • #709101
    AFSPA is a draconian, cruel act that deserves no place in our constitution. Not only have Amnesty International and the Human Rights Watch spoken against it, but even the United Nations has described it as violating International Law.

    I find it shameful that a country that calls itself democratic imposes such a colonial, abusive act on a section of its own population.

  • #709166
    No law is bad. What is bad is sometimes its implementation which is done at a grass root level by lower level officials. If the officials are not competent and revengeful no law would help. If they misuse their powers then naturally the citizens would cry. At the same times citizens should also cry when some evil elements create problems in society. Citizens should also cry when terrorists just kill people because some external agency is giving them money for creating disturbance and disorder. Citizens should also cry when the crooked people are making them fool in the name of religion. Police which is working in the states is under the state Govt and if they show laxity in dealing with the local goons and anti national elements then the central Govt is forced to deploy the army and sometimes to tackle the deteriorating situation it has to deploy army with AFSPA provisions.
    Knowledge is power.

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