Volume 5, No. 9, September 2004

 

Freedom loving Manipuris Script History

Unprecedented Protests Demanding Repeal of Armed Forces Special Powers Act (AFSPA) 1958

Vishal

 

It burst out like an uprising of the Manipuri people on 16 July 2004. The immediate catalyst that triggered such a long-drawn demonstration of monumental anger and hatred of the whole nationality was the arrest of Thangiam Manorama alias Henthoi, a 32 years woman from her home by the 17th Battalian of the Assam Rifles and the finding out of her bullet-riddled dead body the following morning near Ngariyan Mapao Maring village. Her uncovered abandoned body bore tell-tale signs of brutal torture, many scratches, a gaping knife wound, and seven bullet wounds on her back. Manorama’s case was just an addition to the relentless series of barbarities of the State armed forces against fighters and supporters of nationality movements in India. Fake encounter deaths, extra-judicial killings, disappearances, arbitrary arrests, rape of women, torture, etc. are meted out to the people by the security forces enjoying impunity under such savage legislation like the AFSPA, 1958. The pent-up hatred of the Manipuris is still pouring out. The Apunba Lup, the core body of 32 organisations demanding the total revocation of the AFSPA, 1958, has been spearheading the movement despite heavy crackdown by the government on the leaders and fighters. The height of the protests forced the government to withdraw the draconian Act from 10% area of Manipur but the Manipuris are stieking to their demands for complete withdrawal of the Act.

Why the delnge of protests against AFSPA 1958?

The AFSPA was first introduced in Assam and Manipur in 1958 to curb and repress the nationality movements. An amendment to the Act was made in 1972 in order to apply this deadly Act to all the seven States of the North-East. This was passed by the Indian Parliament in a bid to destroy all democratic norms, giving the Central Government, in consultation with the Governor, the right to declare an area "disturbed" and impose the Act, even in case the State Government does not deem such action necessary. The Act is loaded with all foreible measures without the conditions under which the authority would be justified in making such a declaration. In contrast to the Constitutional provision allowing a State of emergency for a limited period, the AFSPA 1958 can be enforced for an indefinite period, without review. It is in fact the equivalent of a martial law tramping underfoot all sorts of democratic conventions. Notable it is that the Indian Government in its submission to the UN Human Rights Committee on the International Covenant on Civil and Political Rights made such tall claim that "the propriety of and the bonafides of the exercise of the power in this regard is subject to judicial review".

When it came into force, the draconian AFSPA 1958 gives unbridled powers to the state armed forces. This Act clearly states that even a non-commissioned officer is granted the right to shoot to kill on the mere assumption that ‘it is necessary to do so in order to maintain the public order’ and the only trivial thing necessary is to give "such due warning as he may consider necessary." Armed with the wanton power of this notorious Act armed forces personnel enjoy the right to enter, search and arrest without warrant, any person against suspicion that "he has committed or is about to commit a cognizable offence or use any amount of force necessary to effect the arrest." With such massive powers given to the armed forces, the AFSPA 1958 makes sure that they will enjoy near total immunity for their actions. The Act unequivocally states that no prosecution, suit or other legal proceedings can be brought against any personnel acting under the Act without the permission of the Central Government. Thus the citizens and victims of barbarities committed by the armed forces shall have no fundamental rights. Over about a half century, people of the North-East have been compelled to live under military boots, especially women have been regularly subjected to rape, molestation, various abominable forms of sexual violence like stripping forcing them to deliver babies in the open with the vulture like soldiers lustily watching on and what not. The on-going flood of protests is against such barbarities legalized by the Armed Forces Special Powers Act (AFSPA) 1958.

The uninterrupted struggles in Manipur have united all freedom-loving democratic people against the State defying all brutal counter measures. More than month has elapsed. The inflinching stance of the masses has forced the state government to declare some concessions with no takers. The fighting Manipuris have now successfully gone on the course of boycotting Indian goods, symbolizing the spirit of the Manipuri nationality suppressed and exploited by the Indian state since the British Raj. As this writing goes to press, media reports flash the news about the turning down of state government’s offer for talks by the movement committee reiterating the immediate demand for withdrawal of the black Act. The Manipuris are making history defying deaths, arrests and all conceivable measures in order to assert their Manipuri identity and materialize fundamental rights for existence.

 

 

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