Rights activists welcome Justice Verma on AFSPA

Say it’s never late to wake up

GN Bureau | January 24, 2013



The three-member Justice Verma panel sought review of the Armed Forces Special Powers Act (AFSPA). The Act allows an officer of the armed forces to use measures such as make unwarranted arrests or search any premises to make arrests. To ensure protection of women in conflict areas, the report has made several recommendations.

Civil rights activists have welcome Justice Verma’s recommendations on AFSPA. Amid all the strong protests in the state of Jammu & Kashmir and North Eastern states against AFSPA, Justice Verma committee recommended bringing sexual violence against women by uniformed men under the purview of ordinary criminal law.

"There is an imminent need to review the continuance of AFSPA and AFSPA-like legal protocols in internal conflict areas as soon as possible. This is necessary for determining the propriety of resorting to this legislation in the area(s) concerned," he said.

Key points of the report are:
•         Women in conflict areas are entitled to all the security and dignity that is afforded to citizens in any other part of our country
•         Recommended sexual violence against women by uniformed men under the purview of ordinary criminal law
•         Appointment of special commissioners for safety of women in conflict areas
•         Reorientation of training of armed forces to include laws and issues related to women's safety

Comments on AFSPA:
Suhas Chakma, director, Asian Centre for Human Rights says the then Chief Justice of India, Justice JS Verma headed the constitutional bench of the supreme court which upheld constitutional validity of the Armed Forces Special Powers Act on 27 November 1997 in the case of Naga People's Movement for Human Rights vs Union Of India. Given that historical context, the recommendation of the Justice Verma Committee for repeal of the AFSPA to deal with crimes by the armed forces against women is welcome. It is never late to wake up."

Jinine Laishramcha, Human Rights activist, says the judicial migration of bringing the sexual violence on women by military personnel under civil judicial mechanism is a favorable step. Yes, it will be helpful to prevent sexual offences in a militarised area like Manipur. But the more critical concern would be the scrapping of AFSPA since this military legislation is racist in character, and causes de-facto and de-jure impunity for military and counter-insurgency police. We should not ignore the continuous human rights violations and those hundreds of killings in fake encounters under the impunity of AFSPA because the ultimate sufferings and a kind of secondary sexual violence come to the women - the wives, mothers and daughters of the victims of the fake encounters.

Dr Showkat Hussain, professor, law department central university, Kashmir, say the Kashmiris have been demanding that ASPA and Disturbed Areas Act should not be used as a shield by Indian security forces for offences committed against civilians, be it rape or otherwise.  Given the fact that the situation has normalised in the valley, there is no justification for continuation of these draconian acts.

Khurram Parvaiz, human rights activist, say reviewing of ASPA is not enough even though we welcome this recommendation by Justice JS Verma. It is a case of too little too late. Everyone of those should also be brought to book who have committed heinous crimes against women in Kashmir and hid themselves behind ASPA. Indian security forces have used ASPA to provide impunity to criminals within its establishment. How can a rape happen in the line of action?  

(With inputs from Pratap Vikram Singh and Adnan Bhat)

Comments

 

Other News

Elections 2024: 1,351 candidates in fray for Phase 3

As many as 1,351 candidates from 12 states /UTs are contesting elections in Phase 3 of Lok Sabha Elections 2024. The number includes eight contesting candidates for the adjourned poll in 29-Betul (ST) PC of Madhya Pradesh. Additionally, one candidate from Surat PC in Gujarat has been elected unopp

2023-24 net direct tax collections exceed budget estimates by 7.40%

The provisional figures of direct tax collections for the financial year 2023-24 show that net collections are at Rs. 19.58 lakh crore, 17.70% more than Rs. 16.64 lakh crore in 2022-23. The Budget Estimates (BE) for Direct Tax revenue in the Union Budget for FY 2023-24 were fixed at Rs. 18.

‘World’s biggest festival of democracy’ begins

The much-awaited General Elections of 2024, billed as the world’s biggest festival of democracy, began on Friday with Phase 1 of polling in 102 Parliamentary Constituencies (the highest among all seven phases) in 21 States/ UTs and 92 Assembly Constituencies in the State Assembly Elections in Arunach

A sustainability warrior’s heartfelt stories of life’s fleeting moments

Fit In, Stand Out, Walk: Stories from a Pushed Away Hill By Shailini Sheth Amin Notion Press, Rs 399

What EU’s AI Act means for the world

The recent European Union (EU) policy on artificial intelligence (AI) will be a game-changer and likely to become the de-facto standard not only for the conduct of businesses but also for the way consumers think about AI tools. Governments across the globe have been grappling with the rapid rise of AI tool

Indian Railways celebrates 171 years of its pioneering journey

The Indian Railways is celebrating 171 glorious years of its existence. Going back in time, the first train in India (and Asia) ran between Mumbai and Thane on April 16, 1853. It was flagged off from Boribunder (where CSMT stands today). As the years passed, the Great Indian Peninsula Railway which ran the

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter