Why has Irom Sharmila, been on an indefinite hunger fast since 2001? She has been demanding the repeal of a law that has allowed unspeakable excesses on the local populations of states in the north-east of India, the Armed Forces Special Powers Act (AFSPA) even as it grants impunity to the armed forces from accountability or prosecutions.
In the wake of the intense agitation launched by various civil society groups in Manipur following the death of Kr. Th. Manorama Devi on July 7, 2004, while in the custody of the Assam Rifles, and the earlier indefinite fast undertaken by Ms. Irom Sharmila since 2001 demanding repeal of the AFSPA, 1958, the then Union Home Minister visited Manipur in September 2004 and reviewed the situation with the officers of the state government and the security/intelligence agencies.
In response, in late 2004, the UPA-1 government, under the Ministry of Home Affairs set up a Committee under a retired judge of the Supreme Court, BP Jeevan Reddy with four members, Dr SB Nakade, former Vice Chancellor and Jurist, P Srivastav, a former special secretary with the MHA, VR Raghavan, former Lieutenant General with the Indian Army and Sanjoy Hazarika, senior journalist.
It is my view that the army must be deployed in the rarest of rare cases not as a knee-jerk reaction of governments at the Central and state levels. The army and security forces have, despite obvious shortcomings as are documented and well-known, tried to do their best and upheld their country's honour and integrity: Sanjoy Hazarika
The Committee that submitted its report in May-June 2005 recommended the repeal of the draconian law but replacement of certain provisions of the Unlawful Prevention of Atrocities Act (1967) Act with certain amendments. The UPA Act itself has been thereafter been amended in 2008 and 2012. The entire report can be read here. It is now eleven years since this recommendation, 58 years since its application to the states of the north-east, and the writ of the AFSPA continues, except in Tripura.
While recommending its removal from the statute books, the Committee said, “The Act is too sketchy, too bald and quite inadequate in several particulars. It is true that the Hon'ble Supreme Court has upheld its constitutional validity but that circumstance is not an endorsement of the desirability or advisability of the Act….besides.. the Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high-handedness”.
In March 2015, the Left Front Government of Tripura, after a thorough review of the law and order situation of the State came to the conclusion that peace has been restored and that the situation is under control and has repealed the act and its writ in the state. See https://sabrangindia.in/interview/tripura-our-cadre-are-living-contact-people-and-their-problems-manik-sarkar-chief-minister
Annexure IV to the report is a Note to the Jeevan Reddy Committee Report authored by senior journalist Sanjoy Hazarika. We reproduce this here
At the end of a long night, there is a dawn…
Sanjoy Hazarika
When introducing the Armed Forces Special Powers Bill (1958) in the Lok Sabha, the then Home Minister Shri Govind Ballabh Pant declared that "certain misguided sections" of the Nagas were involved in "arson, murder, loot, dacoity etc." He added, "So it has become necessary to adopt effective measures for the protection of the people in those areas. In order to enable the armed forces to handle the situation effectively whenever such problem arises hereafter, it has been considered necessary to introduce this bill."
Some members of Parliament, especially from Manipur, and elsewhere opposed the Act; one of them, L. Achaw Singh of Manipur, described the proposal as "unnecessary … an anti-democratic measure … a lawless law."
AFSPA in the North-East has continued for 47 years. The Committee's essential recommendation, as laid out in both its conclusions and the proposed changes to the Unlawful Activities (Prevention) Act, 1967, (as amended in 2004), is that AFSPA must be repealed forthwith; the gains of the law are extremely moot, its negative impacts have been overwhelming.
Many of the security problems of the region can be tackled by local police and commando forces, with the assistance of the armed forces where essential. But the dependence of the states on the army must be reduced to the minimum and armed forces should be deployed only as a last resort.
Numerous representations from the public as well as from the army, paramilitary and police have informed the Committee that political problems must be addressed politically and not militarily. These must include the processes of development of participative planning, involving local traditional groups in the role of self-governance, instead of sheltering behind the army and other forces. As we have noted earlier, there has been a sustained and systematic failure of governance; without the restoration of governance and the faith of the public in the ability of governments to rule justly and provide security to their citizens, the problems may become more acute.
This is a long and difficult task and the pressures are enormous. The Committee does not underestimate the scale of the challenges. But there is no option for the Indian State or the states of the Union. Faltering and even failing, at times, the states of the Union, and especially the North-east, must strengthen their own systems of governance, restoring the confidence of the people and providing the basics of governance.
AFSPA in the North-East has continued for 47 years. The Committee's essential recommendation, as laid out in both its conclusions and the proposed changes to the Unlawful Activities (Prevention) Act, 1967, (as amended in 2004), is that AFSPA must be repealed forthwith
What started as a political demand and insurgency in the Naga Hills, now Nagaland, has developed into a number of militant armed uprisings in not less than five other states – Manipur, Tripura, Meghalaya, Assam and Arunachal Pradesh. These have international connections with various armed groups and forces inimical to India and democratic forces. In addition, there are the problems of illegal migration into the region, especially Assam. The intensity of the challenges are immense: these range from ethnic standoffs and struggles for land and space as well as political rights.
In the past half century, another major change has affected the violence: on both sides of the "barrier", the lethality of weapons and their easier availability has transformed the power and quality of the fighting. RDX, AK-56s, machine guns and sniper rifles are used extensively. The immediacy of communications has also effectively changed the profile of these organizations as well of fighting: people can see, hear and even communicate with them by email!
A consequence of such long-drawn out conflicts has been the collapse of governance in a number of the states; the security of the citizens is at extreme risk, from security forces and the militants. During this period, there have been some positive gains – awareness of human rights has increased in India and the world, the media is stronger as are non-government organizations and civil society groups. Violations of human rights by state forces and by non-state armed groups cannot, in these days of instant information, be hidden any longer.
The upsurge in Manipur after the death of Ms. Manorama Devi last June in the custody of the Assam Rifles is a demonstration of this awareness, although there are official views that the agitation was also orchestrated by the underground groups. The latter are not the concern of this Committee, which was appointed last November, as a democratic response by the Central Government to a democratic demand by the people of the state for the repeal of the Act. After a detailed process of hearings in Manipur, Nagaland, Assam, Meghalaya as well as New Delhi and interactions in Arunachal Pradesh and extensive internal deliberations, the Committee has reached a conclusion which is detailed in this report.
It is my view that the army must be deployed in the rarest of rare cases not as a knee-jerk reaction of governments at the Central and state levels. The army and security forces have, despite obvious shortcomings as are documented and well-known, tried to do their best and upheld their country's honour and integrity
We have been encouraged by the openness with which people approached the committee and spoke their views without fear or favour, despite many pressures. We also are encouraged by the fact that many of the armed groups in the North-east are in the process of negotiation or seeking conversations which can bring armed confrontations to an end and restore dignity to civil society and the rule of justice and law.
The United Nations Secretary General Kofi Annan said in March 2003 that "respect for human rights, fundamental freedoms and the rule of law are essential tools in the effort to combat terrorism – not privileges to be sacrificed at a time of tension."
We hope that the report of the Committee will help in the process of reconciliation and democratisation in the North-east, create a space for dialogue and discussion, reducing conflicts and helping the region write a new chapter of peace, change and happiness in its troubled history. We also hope that it strengthens the county's unity, integrity and security and creates an atmosphere for people to live in dignity, honour and peace.
At the end of every dark night, there is a dawn, however delayed. And for every day, there is a dawn, whether we see it or not.
(Sanjoy Hazarika, New Delhi, May 30, 2005)