Under the law, troops have the right to shoot anyone suspected of being a rebel and to arrest suspected militants without a warrant. – File photo by AP

Under the law, troops have the right to shoot anyone suspected of being a rebel and to arrest suspected militants without a warrant. – File photo by AP

NEW DELHI: A United Nations expert has urged India to repeal a law that gives its military sweeping powers to act in troubled areas like the Himalayan Kashmir region and parts of the insurgency-wracked northeast.

Christof Heyns, the UN special rapporteur on extrajudicial, summary or arbitrary executions told reporters in New Delhi on Friday that the Armed Forces Special Powers Act allows the state to override rights and has no role in a democracy.

Under the law, troops have the right to shoot anyone suspected of being a rebel and to arrest suspected militants without a warrant.

“This law has been described to me as ‘hated,’ and a member of a state human rights commission has called it draconian,” said Heyns, who travelled through Kashmir and the states of Gujarat, Kerala, Assam and West Bengal for two weeks ahead of Friday’s press conference.

There was no immediate comment from the Indian government.

The special powers law has been in force in different parts of the country since 1958 and is currently enforced in Indian-administered Kashmir and in the states of Manipur and Nagaland in the northeast, all battling separatist movements.

In all three regions, human rights workers have accused Indian troops of illegally detaining, torturing and killing rebel suspects, sometimes even staging gun battles as pretexts to kill.

The law also prohibits soldiers from being prosecuted for alleged rights violations unless granted express permission from the federal government. According to official documents, the state government in Indian Kashmir has sought permission to try soldiers in 50 cases in the last two decades, but the federal government has refused every one.

India has long relied on military might to retain control over Kashmir and has fought two territorial wars with Pakistan, which also claims the mountain region as its own.

The region is heavily militarised, with hundreds of thousands of Indian troops stationed and maintaining checkpoints throughout Indian-controlled territory.

In Manipur in the country’s northeast, an activist has been on hunger strike for over 11 years demand the repeal of a similar law there.

Irom Sharmila has been kept alive by Manipur state authorities hospitalising her on a nasal drip after arresting her for attempting suicide.

Sharmila began her hunger strike on November 4, 2000, after soldiers allegedly gunned down 10 civilians near a bus stop, saying suspected militants were in the area.

Manipur’s insurgent groups demand autonomy or independence for the northeast state of 2 million bordering Myanmar.


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Comments (11)

Rattan singh
June 25, 2012 3:49 pm
can you please list the seperatist movements within pakistan.
Ibn-e-Ashafque
April 1, 2012 6:18 am
Why Kashmir is not teated at par with South Sudan and East Timor, maybe because it does not have oil.
Al Khan
April 1, 2012 2:32 am
India's reputation is being tarnished by Draconian laws whereby the Military could do anything to kill people without bringing them to Trial. Yet India is supposedly is a democracy. In Kashmir, Indian Army has carried out summary execution of local youths and civilians all in the name of terrorists. India has also the audacity to impose backdated laws to tax Vodafone. With lots of other things very few get noticed by Overseas person of Indian origin in USA.
krishna prasad
March 31, 2012 10:41 pm
Who is this UN expert? What business does he have to deal with our internal matters? It is all suited to his special needs to play games with our strategies/plans helping us to safeguard our national boundaries.The people can participate and contribute to their own wealth without resorting to violence to vent their feelings.No matter what - as Gandhi led the way- it is only through non-violence we can get what we want but not through bullets or destruction of public property and government facilities and infrastructure meant to take care of the public.
Vineet Khokhar
March 31, 2012 6:24 pm
You call this law draconian as if the army man stationed at such locations has no right. and what about the US army who killed the Pakistan soldiers and innumerable citizens. these western observers are so highly biased. NATO forces commit all crimes through drones- no one raises a finger.
Sattar
March 31, 2012 4:22 pm
A good initiative, must be implemented.
Rocky
March 31, 2012 1:44 pm
While India is very well on its way to repeal AFSPA gradually over a period of time, United Nations should do itself a favor on focusing on real core issues rather than intruding in highly internal matters of a Sovereign Nation.
Jamal
March 31, 2012 6:17 am
India leads the world in terms of total number of separatist movements. It includes: - Occupied Kashmir, - Northeast India (Greater Assam Movement, Bodoland and Trupura) - Gorkhaland - Kosal (Orissa) - Khalistan (the movement has not died but subsided for now) - Nexalite Movement (Spans nine states including namely (Karnataka, Chhattisgarh, Orissa, Andhra Pradesh, Maharashtra, Jharkhand, Bihar, Uttar Pradesh, and West Bengal). I doubt they will listen to UN body.
abul sheikh
March 31, 2012 1:44 am
Useless UN...!!
Tajammal
March 30, 2012 4:06 pm
That's in world's largest democracy, champions of human rights.
NASAH (USA)
March 30, 2012 4:06 pm
Repeal AFSPA India -- repeal it. It is an odious law unbecoming of the greatest democracy of the world.India is not a banana republic.