PROCEEDINGS

Towards Ending Armed Violence, Sustainable Peace & Reconciliation

Assessing the Call to Repeal the Armed Forces (Special Powers) Act 1958
Held on 8 September 2010 at India International Centre, New Delhi

Organised by
Manipur Women Gun Survivors Network,
Control Arms Foundation of India in collaboration with
People‟s Union for Civil Liberty, Indian Social Action Forum and KRITI

Supported by Heinrich Boell Foundation

____________________________________________________

On 8th September, 2010, Control Arms Foundation of India in association with Manipur Women Gun
Survivor Network and with the support of Henreich Boel Foundation conducted a seminar on the Amred
Forces Special Powes Act under the Northeast India Women Intiative for Peace Project It was organized
to assess the call to repeal the Armed Forces Special Powers Act of 1958.

The conference was held at India International Centre and was attended by about 60 personalities from
various organizations, armed forces personnel, academicians, activists, Ministry of Home Affairs, and
journalists from mainstream medias, all of whom share an interest in bringing about changes or
amendment to the Act.

Objective of the conference:

To discuss the possibilities of repealing the act

To look at measures to make amendments if total repealing is not possible
To understand and apply constitutional and internationally known United Nations guidelines
and other International humanitarian Laws and International Human Rights Laws
To examine various recommendations like the Jeevan Committee reports on the Armed Forces
Special Powers Act and various constitutional challenges that has been put forth by other Human
Rights Organizations like the Naga People‟s Movement for Human Righst and the National
Commission for Human Rights, etc
To draw a blue print for a better humane law or enactment of AFSPA in providing justice and
political rights in a society shattered by years of conflict in the North East and Jammu and
Kashmir where AFSPA is currently applied

List of Resource Persons:

1. Mrs. Lourembam Nganbi

President Apunba Nupi Lup (ANUL), Vice-President Apunba Manipur Kanba Ima Lup
(AMKIL) and Secretary of External Affairs of United Committee of Manipur

2. Mr Sanjoy Hazarika, Managing Trustee, Centre for North East Studies and Policy Research
and Visiting Professor at the Centre for Policy Research.

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 3. Ima Sinam Chandragini
Hails from Malom Village in Manipur. She is a survivor who lost two sons in the Malom
Massacre of November 2000. She is currently member of Manipur Women Gun Survivor
Network

4. Shri Dr. Thokchom Meinya,

Hon„ble Member of Parliament, Lok Sabha, Manipur

5. Mr E N Rammohan
Former Director General of the Border Security Force. He recently investigated the killing of
76 securitymen by Naxalites in Dantewada.

6. Mr Siddharth Varadarajan
Chief of National Bureau, The Hindu.

7. Mr. S. Iftikhar Gilani

New Delhi Bureau Chief, Kashmir Times

8. Dr Michael Koeberlein
Director, Heinrich Boell Foundation

9. Dr N. Manoharan
Senior Fellow, Centre for Land Warfare Studies

10. Lt General (retd) Dr BS Malik

President, Control Arms Foundation of India

11. Ms. Meenakshi Ganguly

South Asia Director, Human Rights Watch

12. Ms. Anjuman Ara Begum

Anjuman Ara Begum is currently pursuing her Ph.D in Department of Law, Gauhati
University, Assam, India.

13. Mr Yambem Laba

Former Member, Manipur Human Rights Commission

14. Mr Raj Pushkar

Mr Pushkar Raj is the National General Secretary of People's Union for Civil Liberties„
(PUCL)

15. Mr Ravinder Pal Singh

Defence Analyst

16. Mr Wilfred Dcosta

General Secretary, INSAF

17. Ms Binalakshmi Nepram

Secretary General Control Arms Foundation of India and Founder, Manipur Women Gun
Survivor Network

Detailed Reporting from the Conference

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Inaugural Session 1

The inaugural session was chaired by Lt General (retd) Dr B S Malik, President of Control Arms
Foundation of India. The session started by lighting of a lamp by Ima Chandragini. Ima Chandragini
who lost two of her sons in the Malom massacre of 2000 was very emotional as Ms Binalakhsmi explained
how one of her sons, who won the National Bravery Award at the age of 5 years from the then Prime
Minister of India, Mr Rajiv Gandhi and the President of India.

The first session of the seminar with welcome note from General B S Malik. He expressed a warm
welcome as well as a hope for solidarity amongst all those who were present at the seminar. He stated
that it was an important day for all important groups were brought together to access the AFSPA 1958.
He also went on to state that Ambassador from Myanmar, Bangladesh were present, talking of the vision
2020 in the conference. This document most of the topics were discussed except AFSPA. BIMSTEC 2008.
If the economic condition is improved it will be prosperous part of India. But today we are discussing
security of the region. This will give prosperity to the region. The problem of this area will continue if the
security is not taken into consideration CAFI is saying that we need to focus on arms given to civilians
through licenses. CAFI seeking support for the call to repeal AFSPA. There is a conflicting news report on
the repeal of AFSPA. We will discuss what the right course of action today is. A mother doesn‟t want to
understand the debates she wants to know why her child has been killed. Authority of the government is
not primarily the authority of the law, nor the authority of force, but the authority of the community
itself. Laws are obeyed because the community accepts them as corresponding on the whole to its concept
of justice. The power of a government cannot be a pure political artifact. CAFI met the Home Secretary
and informed about the arm proliferation. We are reaching out wherever we can

A following introduction to the conference was provided by Ms. Binalakshmi Nepram, the founder of
the Manipur Women Gun-Survivor Network and the Secretary-General of the Control Arms Foundation
of India. Ms. Nepram expressed her gratitude for all those who had arrived and explained her personal
motivations behind her work and her determination to succeed in repealing the Armed Forces Special
Powers Act Ms Binalakshmi Nepram :” I hope we will be able to have an important discussion today.
CAFI was founded in 2004. The AFSPA debate started with an idea when I asked my father, why
Manipur and other states are burning. The day I was born it was curfew. Manipur has the highest killing
in the country. My fathers said he has no answer. We have to find where the answer lies. Last year we
came to IIC and asked for support to organizize north east women initiative for peace. We had no money.
IIC opened it door for the whole day deliberation. We had 60 women. But the deliberations were helpful.
It is woman who pick up the pieces while men fight the war. We had the second meeting on 7 th August
2010 in Guwahati. We have several organisations who helped us. The issue we have a lot to deliberate
today.”

She said she met Ima Chandragini three year back and that we have forgotten thousand of women from
Manipur who have suffered since long. And for last 5 decades. Initially Ima refused to talk to her as
neither the government nor any human rights activists came to meet them. Two of her sons were killed in
the Malom massacre. She is our chief guest. In Malom, a boy who got bravery award was gunned down
by the Assam Rifles in Malom massacre.

Dr Michael Koeberlein , Director of Henreich Boell Foundation stated that it is a great honour to be at
the conference. On behalf of HBF he congratulated CAFI for the hard work. He said it‟s was a
commitment to the gender democracy. There is a common understanding between CAFI and HBF to
work together for non-violence resolution of conflict. Since independence, India has AFSPA as a
challenge. It was passed for so the called disturbed areas, then applied in Jammu and Kashmir. India is a
democratic and ruled by law. At the same time it shows deficient that shows decency. It contravenes
International Human Rights Laws. AFSPA is rarely discussed among the policy makers and government
arenas. This event gives all to speak, share grievances and controversial disputed topics. Civil society has
reported torture, killing under AFSPA. The AFSPA requires an open discussion. Different perspectives
are brought together in this conference. I hope the goals of this conference will be realized.

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General B S Malik then said We are here today to discuss. This is very appropriate that people from all
over India discuss the topic at the heart of the capital.

The inaugural address was presented by Mr Yambem Laba:

He began by thanking Bina. He said it was ironic to think that AFSPA which came back on 15th August,
1942 when linthiggow signed to control the situation in India. After 1857, the British crown affairs from
East India Company. India became a colony in 1857. It took 84 years for British misrule to pass AFSPA
ordinance to combat quite Indian movement. It took only 8 years for the independent India to resort to
such draconian rule again. The ordinance was applicable to Assam and Manipur. The havaldars were
given wide discretionary power unlike the British version. It came into 1958. More information has been
given in the background paper. A Member of Parliament at that time talked against the act. The
discussion lasted 3 hours in Lok Sabha and 4 hours in Rajya Sabha. In 1972 the act was amended to keep
it in force all over the northeastern states. The power to declare disturbed area can be done by centre.
Now centre can declare any areas in North East as disturbed area which having asking for the ratification
for the state government. Suffering increased over time. The challenges of this Act first came from Indrajit
Baruah. In 1980 he filed a petition challenging the constitutional validity. In 1984 it transferred to the
Delhi High Court and subsequently to the Supreme Court. The second petition was filed by three of us,
Mr Loken , an advocate, and myself and we formed the human rights forum Manipur on December 10,
1979. About 50 people joined us. I called for support from the people. We went to Manipur for peoples
support. There was a people resistance. Repression creates resistance. We were revolutionist. Today
human rights activists are holy cow. Sept 9, 1980 declared the entire state of Manipur as disturbed area.
The PLA movement started then. Morarjee Desai said we just came out of the insurgency we don‟t want
another emergency. So AFSPA was revoked. It was intended only for three month. On 10 December 1980,
we moved to Supreme Court. Our lawyer was Mr Altaf. We could not pay money to him. The Advocate
refused on the ground that it a political case. The Naga Peoples Movement for Human Rights filed in
November 1982. That became a history. Now four cases were filed. It took 17 long years to act on these
petitions. Koteshwar Singh, a BA honours student here he became a lawyer and now he is a Advocate
General in Manipur. It took time for me to brief the NHRC about AFSPA. And they filed petition. We lost
on moral ground. The Supreme Court talked about the operative part of the Act because of the Supreme
Court ruling in Manipur. On March 11 1999, Manipur state cabinet discussed for the first time that there
is a ruling like this. The first shock came in 2004. In front of the Kangla Gate and the second largest army
became the rapist army in the country. Arrest and killing of Manoram Devi by Assam Rifle triggered this
protest. The Prime Minister came and took Assam Rilfe out of Kangla and said the act will be made more
humane. In terms of the control of the arms movement there, in 1958, only the Nagas or few groups were
there as militants. In 2010, the number of militant groups has spread all over the North East. Every ethnic
group has their own group. Any demand like inclusion in the schedule caste list, radio programme in
their language etc. I was a journalist. I became a member on December 10, 1998 as member of Manipur
Human Rights Commission. As a member I am not supposed to socialize in a gathering. My village was
raided. The major said I do not recognize the chief minister of Manipur. This was said by a major in
Manipur. The Brigadier reported that I was a sympathizer of the underground.

The Army threatened a lawyer. The third case was Captain Pillai who led 50 soldiers of Indian army to
close down the entire powers system in Manipur. It was because the day before there was no power
supply to the camp. He said, I am armed by the AFSPA. I don‟t recognize the Governor of Manipur

It‟s the government who should repeal and amend this act now. Pakistan nor China does not have such
an act over its rebellion. So it is time that government either repeal or amend the Act now. Now Omar
Abdullah is with this movement.

General B S Malik stated that It was important that we don‟t take the names of the person who are not
able to defend themselves here in this meeting.

The Chief Guest address was made by Dr Thockcham Meinya, Member of Parliament, Manipur. He
started by stating that he was am sad that there is bad situation in his home town and all over the
country. The draconian act, as you are familiar with the act. I am in the parliament for last 6 years and

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you must know my stand on the act. We have at the moment very interesting scenario before the
Government of India to deal with this act. After long period of time its application became redundant and
it was to check the insurgency but now it has been going everywhere and insurgency groups has their
own groups now and has crossed 40 groups now. One fact is that a very important administrative reform
commission recommended for the repeal of the act and also with a rider in the recommendation.
Sharmila Devi‟s case, Prime Minister came to Manipur and dealt with the situation. He assured that the
act will be given a humane. The committee formed the Jeevan Reddy Commission. Now these files are
with the Government of India. Manipur is boiling. Anything can happen anytime. From my side, I can
say the things are now only worsening. I don‟t know whether you know the latest judgment by the
Gauhati High Court upheld the constitution of the enquiry commission on Manorma‟s case. I hope this
will fall. This is a national act but the application till date is regional. The Government of Manipur
declared that Imphal Municipal Area is not disturbed. The same thing is going to happen in Jammu and
Kashmir if the state government does this. The centre can declare it as disturbed. This is a legacy of the
1942 british law.

We have to give stress on education. Inspite of the legislation, there are certain things beyond our control.
When POTA was repealed we thought this will be repealed too but it didn‟t happen. I belong to Indian
congress. Now we are putting our heads together. Whatever has happened so far should not be continue
under this act. We are serious now and we are working together to stop the suffering of the people. We
would like to have a copy of the recommendation so that along with other MPs we will see what we can
do on our part. At this moment we have to take things seriously. Thank you.

General B S Malik said the we will share the recommendation with you all.

Mr Sanjoy Hazarika, a noted journalist and writer stated that what fresh can we say about AFSPA. There
is nothing more than the stories, concerns and what‟s coming up the stories are unending and grim. The
situations in Kashmir are enduring reminder of the absolute failure of the state to values the lives of the
people. Earlier few weeks ago to whom implemented AFSPA and other whose families were killed by the
militants, my feeling is that AFSPA has not been used but misused and abused. But what are the
safeguards for the common people. Refer to the Kohima people during a tire burst 7 people were killed in
the gun firing.

There are clear changes in Nagaland and people are sick of violence. Violence remained structured. The
Army should not be used for the movements in the country. It should be used for the enemies. One of the
impacts of the conflict is the post-trauma stress syndrome. This is a major problem. Lots of army men are
committing suicides. This is reason we should do away with the act.

Second case, a Naga mother said my younger brother was killed with 27 bullets in his body. He never
raised his hand to anyone‟.

There is another violence that cannot be overlooked. Is the violence by the non-state actors? This point
needs to be address as well. I don‟t want to divert the theme but this need to be discussed.
Many villages in Nagaland were torched. In the village of Puhnro, a mother was nursing her child.
Mortars was filed from three km away. The mother and the son were killed.

AFSPA is a law. The Army had a presentation. After 48 years the test of a law is that whether it has been
successful. The act should go. There is a cabinet note before the home ministry to amend the act. It didn‟t
come before the cabinet because there was resistance from the army. Should there be veto over the
civilian authority/ this is a coherent issue over politics. Unless we don‟t address this issue we are going
into very dangerous area. The Jeevan Reddy commission did not propose to amend the act, it proposed to
repeal the act. We recommended the amendment of unlawful act to deal with the situation. We also
suggested grievances cells. That would meet the long standing anguish of the people whose dear aones
were killed. Often this simple demand in Nagalnd, Manipur and Assam, people knows who is a militant.
But this is not accepted that the army picks up innocent civilians and disappear. We need to look into this
aspect. He said he has a suggestion for Dr Meinya. North East Peace Forum formed by the north east
MPs should take active role. Siddharth Varadarajan proposed an amendment in section 6. The Defence

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Ministry is wanting a mechanism for deploying its force in conflict area. No one should be above the law.
Now the situation is that you can do anything in good faith. We need to draw a line.

General B S Malik then went on to say that this is a disturbed area. If the government doesn‟t declare an
area disturbed then armed forces cannot go there. The civil authority must admit that they cannot handle
the situation anymore. It is the similar power as the police have. Because unless such a power if given, an
armed forces cannot act is an area.

Ms Meenakshi Ganguly, South Asia Director, Human Rights Watch began by saying that the question of
how terrible the act is has been debated for a long time and a time when it has reached a national
attention. People have been working to make it a national issue to be discussed in national channels
today. We should remember this and it has been a long time. The Home Ministry has acknowledged that
the act is problematic. There are two oppositions now. Nationalist groups: to repeal this law will enhance
risks the anti national elements. This is easy to answer. As it is a political situation, the Army has nothing
to do with it. The Army is dragged into every minute issue. It should not be deployed against people of
its own country. There is a greater thing. Human rights abuses that this act has produced more groups
that took part in human rights abuses. Are you going to make a system where you are creating more
groups to kill people? We can take national security considerations. Security persons like General Malik
and E N Rammohan are working against it. There should be some to protect the security personnel but
not this kind of legal protection. When a colleague is taking part in it, it has be repealed not amended. It is
an emotional issue now. People hate the law. Public opinion has to be respected. The community has to
believe that the law is to be in force. People don‟t believe in AFSPA. This law could not protect the people
and hence it should be repealed.

Session II Background and Assessing the Impact of 52 years of

Armed Forces (Special Powers) Act 1958

Session II was was chaired by Mr E N Rammohan, former Director General of Border Secutiry Forces. He
said , the argument is a necessary evil. They also say that it is a virtual power to kill people. It also
violates the international norms and constitutional norms. The committees actually review this act and I
observe that this is an act of discrimination. On the other hand also the opinion is that it is a necessary
evil. The necessary good says that if the act is diluted army cannot work. Police has lots of provision to
work. If this law is not there they cannot fight a sophisticated enemy like the militants. If the army is not
given this privileges, the army will be unnecessary harassed. The Judiciary cannot deliver justice on these
cases. The army fears that its role will be diluted. Disturbed area states are determined by the
government. The problem lays there, not the armed forces. If armed forces are not given a legal
framework, armed forces are acting out of a mechanism which is dangerous. A framework is required. If
AFSPA is a hated word, then the name should be changed. Also the army records that in Pakistan and
Afghanistan and if we compare with India and show that they have good records. There are various
opinions.

There are three internal documents: 10 commandments, supplementary commandment in 2005. There are
no long clear cut dos and don‟ts are there. These documents should be supplemented while reading
about AFSPA. Whether AFSPA should be reviewed or not; yes it should be. For particular areas;
controversial section 4 a, b c, d. searches and warrants these sections has to be upgraded. Section 6: this
should be strengthened. This is very vague.

The ambiguity part: section 3 talks about disturbed area. It is not defined. Even Supreme Court judgment
didn‟t throw much light on it. This needs to be reviewed. Section 5: handing over a person to nearest
police station. Least possible delay is not defined. This should be spelled out clearly. Ambiguity breeds
wide discretionary Value addition could be the act can be put six or one year for application at the
maximum. There has to be an effort to make it compulsory for periodic review of the act. The larger issue
of social economic issue, repealing will not solve an issue. The solution requires addressing larger social
political issues.Special law study: I found that all the legislation taking care of state security not human

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security. A human security component has to be built in every special law keeping in mind that it is a
democratic country. This law was passed is haste and very hurriedly. This is not healthy. An act should
be scrutinized, debated before passing an act. The act has created a psychological impact. It should be
repealed. Create a consultative body to discuss the isues, talk to the army as well. More transparency in
the discussion is required.

Ms Anjuman Ara, Research Scholar, Guwahati University spoke on the topic, “AFSPA, Right to Life and
Human Rights Norms”.

India has signed or ratified a number of international human rights treaties and has voluntarily accepted
the legal obligation to abide itself by the universally accepted human rights standards. International
Covenant of Civil and Political Rights (ICCPR) is one among those treaties. India has not signed the
additional protocols to the Geneva Conventions. Nonetheless, Article 3, common to the four Geneva
Conventions of 1949 is applicable in the context of armed conflict prevalent in North East India.
In India, Capital punishment is included as a penalty in a number of Acts, such as the Indian Penal Code
and penalty provisions of national security legislation. Under the Indian Penal code, eleven offences may
be punished by death. These offences are (1) abetting any death eligible offences, waging war against the
government, abetting mutiny by a member of the armed forces, fabricating false evidence with a intent to
secure conviction of another person for a capital offense provided that such a conviction occurs , abetting
the suicide of a child or an insane person etc.
The UN Special Rapporteur on Extra-judicial, Arbitrary and Summary Execution, Philip Alston in his
report to the Commission on Human Rights dated March 27, 2006 expressed concern over AFSPA on the
ground that it violates non-derogable provisions of international human rights law as AFSPA empowers
security forces not only to arrest and enter property without warrant but also gives them power to shoot
to kill in circumstances where members of the security forces are not necessarily at imminent risk. This
conclusion followed from section 4 (a), (c) and (d) of the AFSPA.

Various judgments have been pronounced by the Supreme Court of India and Gauhati High Court on the
allegations of violation of right to life under AFSPA. The Courts found armed forces acting under AFSPA
guilty of violation of human rights in particularly right to life and ordered compensation and also
ordered prosecution for the perpetrators in several cases. Several inquiry commissions appointed under
Inquiry Commissions Act 1952 found in their investigation that armed forces violating the inalienable
right to life.

AFSPA violates core inalienable right called right to life and hence the Act should be repealed.

Dr. Yaringan, Professor, Delhi University began by saying that lack of will to solve the issue AFSPA is
nothing but an excuse. AFSPA is to be in a disturbed area. Is northeast a disturbed area? How long will
continue with this declaration. Is AFSPA is a solution, who declares what is „disturbed area‟? When the
situation is out of control, government declare it as disturbed area. There is a complete lack of will from
the government of India. Why the elected representative are doing like this.

The resources of Manipur and the problem is grapping this resources. There are nexus between politician
and the insurgents. The army, politician and insurgents are creating problem in Manipur. We need to see
the situation in Manipur. It is becoming worse and worse, if steps are not taken, Manipur will be
completely in chaos in next 10 days. Manipuri intellectuals are migrating from Manipur. There is no way
if the government doesn‟t take serious note f it.

Mr E N Rammohan, Senir Research Fellow with the Centre for Land Warfare Studies said the Armed
forces are required in some case as some speakers pointed out. In the rural areas, police stations are far.
Sometime you have to walk two to three kilometers to meet a police. Infrastructure is helping the
insurgent. Idea giving power to army is that police are less in number and they cannot go for anti
insurgency operations. I don‟t think the act is draconian. The person working under it is draconian.
Genenal Nayar ordered anyone arrested as suspected terrorist to be brought in Kangla fort within 24
hours. A police unit was set inside Kangla and interrogation took place. He made sure that no one is
tortured. He later became governor of Manipur and he was respected though he resigned later. The road

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of Impahl and Churachandpur is militant zone. I gave a direction that if someone commits violation I will
make sure that they are prosecuted. This warning was enough. AFSPA is not wrong. It is the leadership is
wrong. Series of massacre took place in Manipur. Responsible Leadership is required to ensure that
AFSPA is not abused or misused.

General B S Malik stated that there is not a single case where advocates dealt with cases against militant
and produced evidences. AFSPA is not applied in Maoist dominated area. Why? It is not fight against
among the politicians. In 1485, it was found 97% were wrong. 91% were punished. How many
organization are there that has punished the other department. The biggest threat in India was Kargil.
The emergency power was not invoked because there will be difficulty. Indian army fought and they
saved the nation without invoking the law like AFSPA. Lets give a thought that something needs to be
done.

Mr Yambem Laba also commented that in 1999, Md Tayab Ali disappearance. Onus lie on the army to
prove that Tayab Ali was not in their custody. The High court ordered CBI enquiry and CBI found that
one police, one army, were involved and their names were published. The Government of India has not
proceeded with the prosecution.

Mr Christopher Rao, JNU scholar also made a comment that only Lugtaks and Mughuls are sitting in the
AC rooms in Delhi and not aware of what happened in the field. They don‟t have the heart to create
problem. The pathar will come from Jammu and Kashmir. Ground realities are to be taken into account to
check how the army is working in the field.

One participant stated that AFSPA violated the rights of simple people, violated their right to life. A
grand will to end the misery of north east is required.

Session II: AFSPA: What is the way out? A holy Book or National Security Tyranny? was chaired by
Mr Raj Pushkar, National General Secretary, People‟s Union for Civil Liberty.

Mr Pushkar stated that the act has proved wrong. It was applied in Punjab where pseudo insurgency was
in force. Interesting the Indian state is applying its tactics all over the country and expanding the country.
The armed insurgency needs to be dealt with much care such that it does not spread more. There are lots
of frustration and anger in north east states and Kashmir has the alternatives than north east. The Red
Corridor.

It does not deal with right to life. It becomes pointless in dealing with insurgency. The military law of the
state becomes guilty of human rights violation. You can devise ways or repress people. There is a national
question versus human security. People in north east and in Kashmir are insecure. Human security must
prevail as it‟s real. National security is much abused concept in India. It is colonial and needs to be
opposed. Is north east a part of the Indian foreign policy? Militancy has become an industry in India
which benefits the elites in India.

Mr Ravinder Singh, Defence Analyst, began by saying, has Indian state broken the social contract with
the rule of law in the society? Secondly, the military is changing the law. Any modification and
amendment has to be well guarded that we get something better not worse. The state‟s duty is to protect
the state against the external attacks. The primary threat is also experiencing large technology snag. The
issue of governance and law is where we need to look at.

Military doesn‟t want to be deployed in counter insurgency operations. If the military keeps on sheltering
abuses, it will fail to build confidence and will undermine its professional ethics. The centre- periphery
conflict lacks is experiencing stress. People don‟t want to live in the part of the state is the syndrome that
the serious problem of government and should be looked at. Speedy access to justice is to be granted.

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The problem is restoring stability which is faced by the government and the government failed to restore
stability. Every wing of the administration has not been examined, not developed. If dedicated
organization is created is not to deal with the number of persons killed but spirit the constitution of India.

Mr Iftikhar Gilani, Bureau Chief, Kashmir Times said anyone in uniform is an angel. Accountability to
any power is a prime necessity. January 6, 1993 in Sapore, 62 people were burnt alive. An enquiry has
brought nothing. Jallil Andravi, case: Major Avtar Singh is still absconding. There is no accountability in
the law. Any law cannot be enforced without accountability.

Even in Britain, special law expires once the war is over. But India is the only country where emergency
laws are in force without formal declaration of emergency.
Emergency law must be repealed and political problems should be solved politically.

Ima Nganbi, President, Apuna Nupi Lub and Vice President, Apuna Maniput Kanpa Nupi Lub said,
anti-alcoholism movement was started by the women in Manipur during 1980s. AFSPA was imposed in
Manipur in 1980. Miss Rose was raped and she committed suicide. Since then women in Manipur started
working on AFSPA. In 1980 Loken and Lokendra disappeared. 29th December is known as Meira Paibi
day. Malom massacre took place.

Preserve the constitutional rights and cultural and tradition of the people by repealing AFSPA
completely.

Mr Subramanium, commented that Manipur has deployed 12 battalion paramilitary forces, 12 CRPF, 12
battalion of IRB, 60 battalion of army. 260 people were shot from January to July 2009. GGP said we don‟t
need to resort to the judicial system as they are criminals. Manipur has most of the number of EJE in
Manipur.

CRPF 197 is also guarantees impunity.

The Concluding Session: Suggestion and Way Forward was chaired by Mr Wilfred D‟costa, General
Secretary, INSAF

Mr Siddarth Varadarajan, Chief of National Bureau, The Hindu delivered the Valedictory address. He
mentioned that a law like AFSPA throws a fundamental challenge and that we need to question if a law
like this is compatible with the democracy. The year 2004 was a turning point in the struggle to remove
AFSPA. At that time Prime Minister Dr Manmohan Singh came to Manipur and promised that he would
make the law more humane. The problem of AFSPA is about failure of governance. The question is not
whether army has the right or not to oppose AFSPA, the question is do you have the mechanism of
oversight when laws are violated. The fundamental weakness of AFSPA is that there is no oversight.

The fundamental problem of AFSPA is not whether it gives Indian armed forces the power to shoot or
not. The Achilles Heel of AFSPA is Section 6. Impunity is scripted in the DNA of AFSPA in this section.
India has acceded to the Prevention of Torture Bill. No exception is allowed.

Mr Varadarajan proposed that he is for repeal of AFSPA and in case this does not happen then the section
which should be amended should be section 6. Whatever decision taken by Government on repeal,
replaced or amendment to AFSPA, it should be done in interest of people living in insurgency areas
rather than that of armed forces or army. This will ultimately work in favour.

New Delhi Resolution on Repeal of Armed Forces (Special) Powers Act

8th September 2010, New Delhi

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We the civil society group and individuals, having coming together on September 8, 2010 at New Delhi at
the conference on ‘Assessing the call to repeal the Armed Forces (Special Powers) Act 1958 and
deliberated on the issues on AFSPA and

Encouraged that Governments recognition that AFSPA in its present form is problematic and its
initiatives to amend the Act. However noting that it is not only civil society organisations but several
important government reports like B.P. Jeevan Reddy Committee (2005), Administrative Reforms
Committee headed by Veerappan Moily (2007)and Working Group on Confidence-Building Measures in
Jammu and Kashmir headed by Mohammad Hamid Ansari (2007) have all called for repeal of AFSPA.
Hence the Act should be repealed.

Noting that AFSPA was passed in haste. On May 22, 1958, the Armed Forces Special Powers Act was
passed by Parliament. After three hours of discussion in the Lok Sabha and four hours in the Rajya Sabha,
the AFSPA was approved even though several Members of Parliament opposed the Act on the ground
that it would lead to violations of Fundamental Rights and that it would get around the Indian
Constitution by effectively imposing an Emergency, without actually declaring one.

Aware of the fact that AFSPA is based on a 1942 British ordinance intended to contain the Indian
independence movement (Quit India movement) during WWII. Concerned about the fact that AFSPA
having in legacy from a colonial legislation was enacted in independent India and gross human rights
violation taking place all over the northeastern states and Jammu and Kashmir both by the state and non-
states actors.

Concerned AFSPA has been abused and misused and decades, becoming a much despised Act. Long
dependency on the Act for the solution of a problem political in nature and long term enforcement of
„disturbed area‟ status are unconstitutional and is not a solution. Human rights abuses have created more
separatists than resolving the issue.

Noting that AFSPA contravenes Articles 14, 21, 22 and 32 (A) of the Indian Constitition.

Internationally, repeal has been called for by the: UN Special Rapporteur on extrajudicial, summary or
arbitrary executions (2006); Committee on the Elimination of Discrimination against Women (2007);
Committee on the Elimination of Racial Discrimination (2007).

The AFSPA, by its form and in its application, violates the Universal Declaration of Human Rights (the
"UDHR"), the International Covenant on Civil and Political Rights (the "ICCPR"), the Convention Against
Torture, the UN Code of Conduct for Law Enforcement Officials, the UN Body of Principles for
Protection of All Persons Under any form of Detention, and the UN Principles on Effective Prevention
and Investigation of Extra- legal and summary executions

Concerned that there is lack of genuine political will to solve the problems of north east India and Jammu
and Kashmir. And nexus between politician beauraucrates and underground are using AFSPA as an
excuse. Armed forces must upheld the spirit of the constitution.

Concerned that there is a need of responsible leadership among armed forces taking part in counter
insurgency operations and the Act is counter productive in its application since its application from 1958
Recognizing that there is a need of legal mechanism for the armed forces to work in insurgency prone
areas and constitution of grievance cell as recommended by the Jeevan Reddy commission report to be
taken into account.

Calls upon Government for safeguards to people of the country living under AFPSA. That Indian armed
forces should not be used against movements inside the country

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Suggest that three important documents like 10 commandants, supplementary commandants, and Does
and Donts should be incorporated in every operation carried out by the armed forces in counter
insurgency operations.

Suggest that the Act is to be reviewed every six month and it should not be applicable for more than one
year at a stretch.

Suggest that human security should prevail over national security. Military is not a solution to the current
programme. Also noting that the Act was passed in a hurried manner and every section of the Act
requires wide review. Every section must be widely debated and discussed with the civil society in a
transparent manner before passing any legislation with „special powers‟. Ambiguous provisions like
what constitutes disturbed area,‟ least possible delay, prior sanction etc must be clearly defined with an
up gradation of section 6 of the Act.

Initiative to be taken in every wings of administration: executive, legislative, military and Judiciary and
their functions are reviewed and must take initiative to restore stability in the governance.

No one should be above the law. Section 6 of the Act is vague and ambiguous and needs to be upgraded.
Army should not be dragged into every internal problem and army should be deployed for external
enemies only.

Accountability is the core of rule of law and governance and must be a part of any special law before
putting in into force.

Till the state builds up a dedicated capacity for restoring governance, stability, development and rule of
law in disturbed areas, the armed forces leadership will have to engage the state and civil society in the
disturbed areas. The primary problems of AFSPA can be reduced by reducing the frequent use of the
military for tasks that should be performed by the states armed police forces.

Restoration of internal security, stability, and justice delivery is the ultimate objective of the state in its
disturbed areas. Deploying the armed forces in aid to civil authority is a make-do approach to the
problem.

The state needs to acknowledge that primary reasons for internal conflict and demands for secession
could be due to issues of political identity; economic deprivation; maladministration or bad governance.
Employing the armed forces or imposing AFSPA will not remove these basic causes.

Military is too blunt an instrument for nation-building tasks, which require policing, mediating and
reconciling. The state has to deploy appropriate resources for development administration and
democracy institution building as well as the security system that can restore public safety and stability.

There is a need to examine deployment of specially designed 'stability units' to build coherence between
the security, socio-economic development and public safety needs of disturbed areas. These
'stability units', while having sufficient combat robustness to counter an armed attack, need to approach
the problem of civilians in disturbed areas from the perspective of developing public access to justice,
minority and women rights, human and socio-economic development, etc.

Noting that the test of a law is its effectiveness and that AFSPA through the five decades of its existence
have become more complicated than resolving problems and hence the Act should go.

Calls upon the setting up of a network of grievance cell that will meet the long standing anguish of
people who have lost their near and dear ones; just basic information where their loved ones are.

Reconginising the efforts of all those who have campaigned for long to make the AFSPA a national issue.

Resolve to assert that nobody is above the law.

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 Civil society must come together to join hands together to work on removal of AFSPA

Recommend to work with Northeast MPs Forum and other parliamentarians on this Act and suggest that
the Northeast MPs Forum takes a stand on this.

Should the AFSPA be repealed, any future legislation aimed at dealing with militancy in areas currently
subject to the AFSPA must comply with international human rights and humanitarian law. Such laws
must ensure that the reporting, investigation, and prosecution of unlawful acts by members of the armed
forces are not impeded.

Resolution sent to

Prime Minister Dr Manmohan Singh

Home Minister Mr Chidambaram
Defence Minister Mr AK Anthony
To all Chief Ministers of AFSPA imposed states
To all Members of Parliament

For any questions please contact the following

Ms Binalakshmi Nepram & Ms Mary Khuvung

Manipur Women Gun Survivors Network & Control Arms Foundation of India
B 5 / 146, First Floor, Safdarjung Enclave, New Delhi - 110 029
Email: Binalakshmi@gmail.com, marycafi@gmail.com
Phone: +91-11-46018541 Mobile: 98682333734, 9891513551

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