[Assam] The world and Manipur is trying hard to kill the AFSPA 1958, ‘a license to kill’ Indian Parliamentary Act; but, the Assamese seem quite content with the Act's Powers! Otherwise, why is there no mass revolt against it?

[Bartta Bistar]

*AMNESTY INTERNATIONAL*

*Public Statement*

AI Index: ASA 20/034/2006 (Public)
News Service No: 325
18 December 2006

http://www.amnestyusa.org/news/document.do?id=ENGASA200342006


*India: Amnesty International renews its call for an unconditional repeal of
the Armed Forces (Special Powers) Act, 1958*

Amnesty International is deeply concerned that the Indian government may
seek to retain provisions of the Armed Forces (Special Powers) Act 1958 that
contravene its international human rights obligations and that continue to
pose grave threats to the human rights of its people.

On 2 December, the Prime Minister of India, Dr. Manmohan Singh, announced
that the Home Ministry was working on "modifying existing provisions or
inserting new provisions" in the Armed Forces Special Powers Act, 1958
(AFSPA), so as to give "due regard to the protection of basic human and
civil rights".

A decision to amend, rather than to repeal the AFSPA would fly in the face
of the most significant recommendation by the five-member Committee led by
former chairperson of the Law Commission, Justice B. P. Jeevan Reddy,
contained in its report submitted to the Government of India in June 2005.

Amnesty International has repeatedly expressed its concern that the AFSPA
contains provisions which contravene, either directly or by granting
perpetrators impunity, key human rights including the right to life, the
right to be free from torture and other ill-treatment, the right to be free
from arbitrary deprivation of liberty and the right to remedy and
reparation. These rights are enshrined in international law and standards,
including the International Covenant on Civil and Political Rights, to which
India is a state party1. The AFSPA, which is operative in "disturbed areas",
including large parts of the Northeast region of India and Jammu and
Kashmir, gives security forces wide-ranging powers, including the power to
use lethal force in contravention of international standards.

In light of the main provisions of the AFSPA being in violation of
international human rights law, Amnesty International fully supports the
recommendation to repeal the Act and urges the Government of India to
implement this part of the Committee's recommendations.

Amnesty International is also opposed to the incorporation of the offending
provisions of the AFSPA into any other piece of legislation, including the
Unlawful Activities (Prevention) Act, 1967 (UAPA)2.

Amnesty International calls on the Government of India to repeal
unconditionally the AFSPA and not to incorporate its offending provisions
into any other legislation.

1India: Briefing on the Armed Forces Special Powers Act, 1958 (ASA
20/0135/2005).
*https://intranet.amnesty.org/library/Index/ENGASA200252005?open&of=ENG-IND*<https://intranet.amnesty.org/library/Index/ENGASA200252005?open&of=ENG-IND>

2India: Briefing: The Armed Forces Special Powers Act (AFSPA) Review
Committee takes one step forward and two backwards (ASA 20/029/2006)
*http://web.amnesty.org/library/Index/ENGASA200292006?open&of=ENG-IND*<http://web.amnesty.org/library/Index/ENGASA200292006?open&of=ENG-IND>
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