Why has this valley been witnessing a rapid increase of cases of violation of human rights for the last few years? One of the main reasons, according to Neharul Ahmaed Mazumder, is the “draconian act spelled as the Armed Forces Special Power Act (AFSPA) enforced in this valley.” Neharul is Secretary General of Barak Human Rights Protection Committee (BHRPC), established under section 12 (i) of the protection of Human Rights Act, 1993.

Enacted in 1958, AFSPA provides the armed forces certain special powers which are normally not there in jurisdictions out of this Act. All ‘disturbed’ states of the North East have been brought under this Act as and when required. The special powers include to “fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons” … “Arrest, without warrant, any person who has committed a cognizable offense or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offense and may use such force as may be necessary to effect the arrest;” … “Enter and search without warrant any premises to make any such arrest as aforesaid”…

Over and above these provisions, “No persecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.”

 

Allegations are that the provisions of AFSPA as quoted from the Act are often being utilized to wage war; at least behave as if there is a war against peaceful Indian citizens.

Allegations are that the provisions of AFSPA as quoted from the Act are often being utilized to wage war; at least behave as if there is a war against peaceful Indian citizens. At least twice during the last two years, security force personnel have become violent within the city of Silchar for personal problems or arguments with civilians. Not a single police case has been pursued because of their special powers and mysterious silence of the victims some time after the incidents.

Jamir Uddin Laskar was a 35 year old daily wage labourer from the village Bainchera under the Katlichera Police Station in the Hailakandi district. He was allegedly simply shot dead by Central Reserve Police Force (CRPF) personnel on October 22nd, 2007. This was reported in the local newspapers. According to these reports, at the time of the incident the deceased was collecting grass to feed his cattle from a paddy field near his house. The CRPF of course alleged that he was a terrorist.

Not only the security forces, allegations of human right violations are also there against the police forces. “Police and security personnel are busy taking undue benefit of their uniform causing various atrocities. This valley is really facing problems regarding law and order”, says Neharul. Motahir Ali Tapadar, a 38 year old daily labourer from Bhatgram village resided under the jurisdiction of Katigorah Police Station. He allegedly died due to brutal torture while he was under police custody.

On September 20th, 2007 he was taken into custody in connection with a case that charged him of assaulting his co-villagers. The police allegedly tortured the victim to death for refusal by the victim and his relatives to pay a bribe of rupees ten thousand to sub inspector Narain Tamuli, who was in charge of the above police patrol post.

Fariz Uddin Bahuiya, a 66 year old man, his wife, and son were allegedly assaulted and tortured by Central Reserve Police Force (CRPF) officers on 27th July 2010. The CRPF allegedly assaulted Fariz since he had protested against the CRPF personnel concerning a civil dispute. Fariz had to be hospitalized at the Silchar Medical College to recover from the injuries.

In another tragic incident, a woman was allegedly raped by her father in law Haricharan Das and was abused by her husband Pabitra Das on the demand of dowry. Her report was allegedly refused to be registered by the police officer, thus resulting into another instance of violation of the basic right of survival.

Neharul also said that illiteracy and unawareness of the people regarding their rights and duties are also responsible for rapid increase of violation of human rights. A survey conducted by BHRPC indicates that 76% of the people of this valley do not know that they have the right to know the grounds of arrest by a police officer. Seventy eight per cent of the people are not aware that an arrestee must be produced before the magistrate within 24 hours, 83% of the people have no knowledge regarding the right to free legal aid. Eighty seven percent of the people have no idea about the Arrest Memo, which should be provided by the police to a relative while taking anybody into custody. Sixty five per cent think that police can arrest women even in the time between sunset and sunrise.

India and Torture Adoption of Universal Declaration of Human Rights in 1948 marks the recognition, at least nominally, of a general ban of torture by all United Nations member states. Some other legally binding international treatises, to which India is a party, prohibit torture, which include Geneva Conventions, International Covenant on Civil and Political Rights. Though the Constitution of India does not expressly prohibit torture, the constitutional jurisprudence prohibits torture absolutely. According to the Supreme Court of India , any form of torture or cruel, inhuman or degrading treatment fall within the ambit of extended meaning of Article 21of the Constitution- whether be it during investigation, interrogation or otherwise. A person does not shed his fundamental right to life when he is arrested. Article 21 cannot be denied to arrested persons or prisoners in custody (D K Basu Vs. State of West Bengal). Despite such constitutional and judicial safeguard against torture, the security forces and law enforcement officers in India routinely practice it. On the other hand, the prevention of Torture Bill, 2010, was passed in the Lok Sabha on May 6, 2010. However, it has some ‘loopholes’, as the definition of torture in the bill is inconsistent with its definition in the United Nation Convention against Torture and other Cruel, Inhuman or Degrading Treatment (UNCAT). The bill has defined torture as an act intentionally committed by a public servant that causes “grievous hurt” or “danger to the life, limb or health of any person” while trying to obtain information or confession. “The torture definition in the bill raises many issues. Grievous hurt does not include mental suffering or pain. It does not include many acts amounting to torture, punishable under the IPC and adds a requirement to prove the intention of the accused,” states a study.

Because of the lack of awareness, there are innumerable cases of human rights violation by security forces in the valley such as non-registration of FIR in genuine cases, harassment and violence in the name of searches and raids, detention and arrest under false charges, etc.

The rapid increase of humiliation and torture by security personnel and police has really become a serious matter of concern. When those who are supposed to uphold the law are themselves involved in its violation, what faith can the common man have on justice? Amidst the peace and integrity of the valley, the AFSPA which provides for ultra-vires powers to the security forces, no doubt stands as a challenge for the maintenance of real peace in the valley.

Nilotpal Bhattacharjee