Month: April 2013

Mail News Service
New Delhi, April 7 : The Indian Parliament enacted the Armed Forces (Special Powers) Act in 1958 as an interim measure with the hope of suppressing the Naga Nationalist Struggle, the only such movement in the North East at that time. It was gradually extended to other North Eastern States and then in 1990 to Jammu and Kashmir.
The Armed Forces (Special Powers) Act is to-date the single most direct instrument violating the democratic rights of the people of the North East and of Jammu and Kashmir. The Act is implemented when an area is declared ‘disturbed’ by either the central or the state government said a statement issued after a national seminar on AFSPA held in New Delhi on Saturday.
The Act is under much debate today on several grounds, not only in Jammu and Kashmir and the North East, but also in the rest of India. One, it enables the security forces to “fire upon or otherwise use force even to the causing of death”. Two, according to Section 6, no criminal prosecution can be initiated against the security personnel who take action under this Act. Three, till now, but for a few exceptional cases of public fury or when the security forces were caught in the act by the public, no paramilitary officer or soldier has been prosecuted for destruction of property or murder or rape. Four, five official commissions and committees have recommended either repeal or drastic review of the Act.
Such acts are a gross abuse of the Constitution and have led to atrocities in the North East and Kashmir. Currently, a case concerning 1,528 deaths in alleged fake-encounters in Manipur alone is before the Supreme Court. Over and above these, one can mention the Manorama Devi case in Manipur in July 2004. She was arrested by the security forces and was allegedly raped and killed. Amongst other cases is the attempted molestation near Kokrajhar in Assam, on 23rd December, 2005, of some university students who entered by mistake a compartment carrying Haryana Armed Police personnel. Four students died when the police opened fire on other students who blocked the train after hearing the screams of the students. No action has been taken till today against the perpetrators of these and other crimes. Also many other cases of massacres, mass rapes and torture like the destruction of Oinam village in Manipur in 1987, the killing of some innocent persons in the Pathribal case, the Sophian sexual violence case and the discovery of mass graves in different places of Jammu and Kashmir raise similar concerns.
Many commissions and committees, such as the Justice Jeevan Reddy Committee (2005), the Second Administrative Reforms Commission (2007), the Prime Minister’s Working Group on Confidence Building Measures in Jammu and Kashmir (2007) headed by Shri Hamid Ansari, the Interlocutors’ Report on Jammu and Kashmir (2012) and Justice J S Verma Committee (2013) have recommended that the Act be repealed or made more humane. Even the Planning Commission in the 12th Five-year Plan document passed by the National Development Council has for the first time ever asked for not only a gendered review of the Act, but also of gendered violence in the ‘Disturbed Areas’, as women and children are the most vulnerable in conflict regions. These voices should be heard because AFSPA is symptomatic of a larger militarization and the negative impacts on human development such as health and education have been extensive

At the international level, India have been repeatedly flagged in UN Human Rights bodies, including the Universal Periodic Review of the Council, almost all the major human rights treaty bodies and Special Procedures, on the issue of AFSPA. It is clear that the Act has not served its purpose. But the Government of India has not even amended the Act for more than 50 years. A reason given by Finance Minister P. Chidambaram in a speech in New Delhi on February 6, 2013 is that there is no consensus because both the retired and present army generals oppose even the idea of making it more humane.
Why does the army oppose the repeal or even amendment of this inhuman Act? Is it because they want to protect their personnel who abuse power? Surely, as the Verma Committee (2013) has remarked, the armed forces cannot expect immunity for actions, such as rape, which are not in the line of duty. Can a democratic country tolerate such an anti-democratic Act? The situation in Jammu & Kashmir and the North East is complex and can be solved only through a political process. Those decisions cannot be taken by the army. The elected representatives have to take decisions that should include Confidence Building Measures (CBM). That is impossible when such abuses under a draconian Act continue. The rights of the people must be protected by judicial and official / administrative processes such as grievance cells that protect the right to information of relatives of detainees.
The security situation in most areas where the Act is in place has improved enormously in the last decade because of ongoing peace processes and civil society initiatives. So the stated purpose of the Act no longer exists. The security forces cannot presume that they have an unfettered right to continue using the Act in perpetuity. That would be undemocratic and violative of human rights. As a result of such violations a trust deficit has developed between the people of the North East and Jammu and Kashmir on the one hand and the rest of India on the other.
In addition, major state legislation exists in Jammu and Kashmir and Nagaland such as the Jammu and Kashmir Public Security Act and the Nagaland Security Regulations Act which are no less arbitrary. They provide the police with impunity. Such laws no longer have a place in our democratic polity, especially after the extensive peace processes in these states. We, therefore, call on States like Jammu and Kashmir and Nagaland that have been demanding the repeal of AFSPA to take a lead in changing the undemocratic tenor of the legal regime. We call upon all political parties and political candidates, including the major regional parties, to take a position on the repeal of AFSPA in the run-up to the general elections.
It is critical that a civil society alliance takes up a robust programme of advocacy and dissemination especially through the media. As a step towards it, we the 90 participants of the Seminar on AFSPA held at Indian Social Institute, New Delhi on 6th April 2013, and sponsored by ICSSR (NCR) demand the immediate repeal of AFSPA, its replacement by a more humane Act and that the armed forces be brought under the purview of the civilian government with no immunity added the statement signed by Indian Social Institute, New Delhi, Human Rights Alert, Imphal, Centre for Policy Analysis, New Delhi, North Eastern Social Research Centre, Guwahati, Ms Patricia Mukhim, Mr Bashir Manzar, Ms Nandita Haksar, Mr Sanjoy Hazarika, Prof. Anuradha Chenoy,

Read more / Original news source: http://manipur-mail.com/national-seminar-on-afspa-held/

Mail News Service
New Delhi, April 7 : Prime Minister, Dr. Manmohan Singh, inaugurated the Joint Conference of Chief Ministers and Chief Justices of High Courts here today at Vigyan Bhawan. Chief Justice of India, Justice Altamas Kabir, presided over the function.
The PM said we must collectively ensure that our laws deliver on the state’s duty to respect, protect and fulfil human rights and that the disadvantaged are not excluded from the processes that advance the cause of justice. At the same time, we need to ensure that the laws that govern the daily lives of our citizens are certain, stable and reasonable.
The national outrage at the recent horrific tragedy of gang rape in Delhi compels an urgent introspection about our laws and justice delivery system but we must not allow ourselves to be overcome by a sense of despair at some of the demonstrated inadequacies of our legal system. On its part, our Government has moved with expedition to respond to the felt sensitivities of the people in the aftermath of this gruesome tragedy of Delhi and have brought about significant amendments in the criminal law to effectively deal with heinous offences against women.
Presently, over 3 crore cases are pending in various courts across the country and 26 percent of them are over 5 years old. The Vision Statement and Action Plan adopted by the Chief Justices‘ Conference in October 2009 had identified two major goals for judicial reform -increasing access to justice by reducing delays and arrears in the justice delivery system, and enhancing accountability through structural changes and by setting performance standards and capacities. It had also identified 9 initiatives for immediate implementation. I understand that some of these initiatives have since been implemented and others are being driven actively. While the Government has set up the National Mission for Justice Delivery and Legal Reforms in the Department of Justice for pursuing the objective of reducing the pendency of cases in our courts, the Hon’ble Chief Justice of India has established the National Court Management Systems (NCMS) which will develop a National Framework of Court Excellence (NFCE). This framework will lay down timelines and measurable standards of performance for courts on the touchstone of quality. Besides, a Case Management System (CMS) will also be developed to establish user friendliness of our judicial processes.
He agreed fully with Chief Justice Altmas Kabir that we need to significantly enhance the number of judges to administer justice. The judge to population ratio at the current level of 15.5 judges per million population is indeed grossly inadequate. We need to alter this equation so as to address the problems of pendency and delays in disposal of cases. However, the initiative in this must come from our State Governments. I would urge all Chief Ministers to extend their full support to this important initiative. On behalf of the Central Government, I would like to assure this august gathering that we would increase appropriately the quantum of funding for the scheme under which we provide support to the State Governments for the creation of infrastructure for subordinate Judiciary.

We will engage with the 14th Finance Commission for devolution of funds to the State Governments specifically for the judicial sector. In addition, we will request the Commission to earmark funds for establishing fast-track courts for speedy trials not just in cases involving heinous crimes but also those in which offences have been committed against the vulnerable people like the elderly, women and children.
He said he is happy that the Judiciary and the Executive have worked together in making significant progress to invest courts with the Information and Communications Technology (ICT) capabilities. The Central Government, the State Governments, and the High Courts are working in close coordination for up-gradation of the ICT infrastructure in the Supreme Court, the High Courts as well as provisioning for ICT in the 14,249 district and subordinate courts. A National Judicial Data Grid (NJDG) will be an important outcome of this project and it will provide a unique platform for accessing judicial statistics on pendency on a real time basis across the country. It will provide information to people on cases and will bring about an improvement in the working of courts through better case handling and case management. The National Judicial Data Grid (NJDG) has the potential to transform the working of the lower judiciary and to bring about major improvements in the delivery of justice to our people.
The long pending proposal for the constitution of All India Judicial Services has made some headway after it was discussed for the first time in the conference of 2009. I learn that the subject will be considered in this conference. I hope that in the deliberations that follow a consensus will emerge on the way forward.
There are other important issues that you have on your agenda including the strengthening of legal aid services, promotion of Alternate Dispute Redressal mechanisms and operationalization of Gram Nyayalayas. Progress in these areas will assist us in moving towards our goal of providing expeditious and affordable justice to the common man, especially the poor and the vulnerable.
He expressed confidence that our chosen path of development, based on fast, inclusive and sustainable growth, will, over time, reduce disparities and ensure a life of dignity for all. In an imperfect world, the ideal state of justice may seem distant. But, the test of a just arrangement lies in its ability to promote dignity and self respect of all the citizens, strengthen the bonds of human solidarity and encourage the creativity of the individual. Our endeavours to secure a more just order must continue ceaselessly. This conference should be seen as a step in that noble direction.

Read more / Original news source: http://manipur-mail.com/pm-inaugurates-joint-conference-of-cms-and-cj/