India to Lift Army Impunity Laws in Kashmir .

[Major Shaitan Singh]

NEW DELHI—Indian authorities will within days curtail controversial special powers that have shielded Indian armed forces personnel from prosecution while serving in the disputed Himalayan region of Kashmir, a law which human rights groups say has been used to cover up abuses.

Jammu and Kashmir Chief Minister Omar Abdullah told a gathering of police officers in Srinagar on Friday that the Armed Forces Special Powers Act, which has been in force in the state since 1990, will be repealed from peaceful areas within a matter of days, a spokesman for Mr. Abdullah said.

The chief minister did not specify which areas, but they are expected to include Srinagar, the state's summer capital, and areas to the south of the state which have been peaceful in recent months. The special powers are likely to remain in force in areas closer to the Line of Control, the de facto border between India- and Pakistan-controlled portions of Kashmir, which were the center of violent protests last year against Indian rule.

Kashmir was divided between India and Pakistan in a 1947 war. In the 1990s, Pakistan financed and trained thousands of militants who fought Indian troops in the Indian-held portion of the territory. India now has more than 500,000 security forces in the Kashmir valley, giving it a militarized feel.

Many Kashmiris continue to support independence or greater autonomy for the state, although support for Pakistan has waned. Mr. Abdullah is among those who has argued that the militarization of the Kashmir valley and impunity for armed forces personnel—who have been involved in a number of alleged human rights abuses in the state—has added to anti-India sentiment.

India's Home Ministry also has for the past year pushed for a scaling back of the Armed Forces Special Powers Act to reflect the reduced incidence in recent years of infiltrations by Pakistan-backed militants across the Line of Control. But India's defense ministry and armed forces have argued for its retention.

The decision to pull back the law in areas that are deemed peaceful is a compromise. India's federal Home Minister P. Chidambaram told Mr. Abdullah to begin working on a partial withdraw of the act during a meeting in New Delhi, India's capital, earlier this month, according to news reports.

 

[Shadow_Hunter]

finally all those whose have crying fowl about indian army atrocities should shutup now, kashmir is as safe as anywhere when it is with india...

 

[Major Shaitan Singh]

Armed Forces Special Powers Act:

The Armed Forces (Special Powers) Act of 1958 (AFSPA) is one of the more draconian legislations that the Indian Parliament has passed in its 45 years of Parliamentary history. Under this Act, all security forces are given unrestricted and unaccounted power to carry out their operations, once an area is declared disturbed. Even a non-commissioned officer is granted the right to shoot to kill based on mere suspicion that it is necessary to do so in order to "maintain the public order".

The AFSPA gives the armed forces wide powers to shoot, arrest and search, all in the name of "aiding civil power." It was first applied to the North Eastern states of Assam and Manipur and was amended in 1972 to extend to all the seven states in the north- eastern region of India. They are Assam, Manipur, Tripura, Meghalaya, Arunachal Pradesh, Mizoram and Nagaland, also known as the "seven sisters". The enforcement of the AFSPA has resulted in innumerable incidents of arbitrary detention, torture, rape, and looting by security personnel. This legislation is sought to be justified by the Government of India, on the plea that it is required to stop the North East states from seceeding from the Indian Union. There is a strong movement for self-determination which precedes the formation of the Indian Union.


The Supreme Court of India reached a low for its lack of enforcement of fundamental rights in the Jabalpur case of 1975. The country was in a state of emergency and the high courts had concluded that although the executive could restrict certain rights, people could still file habeas corpus claims. The Supreme Court rejected this conclusion and said the high court judges had substituted their suspicion of the executive for "frank and unreserved acception of the proclamation of emergency." Noted Legal luminary, H M Seervai notes that this shows the lack of judicial detachment. Indeed, it exemplifies a deference to the executive which leaves the people with no enforcement of their constitutional rights. Jabalpur has since been deemed an incorrect decision, but it remains an apt example of the judiciary's submission to the executive.

The Supreme Court has avoided a Constitutional review for over 9 years, the amount of time the principal case has been pending. The Court is not displaying any judicial activism on this Act. The Lok Sabha in the 1958 debate acknowledged that if the AFSPA were unconstitutional, it would be for the Supreme Court to determine. The deference of the Delhi High Court to the legislature in the Indrajit case also demonstrates a lack of judicial independence.

The Basic Principles on the Independence of the Judiciary was adopted by the seventh UN Congress on the Prevention of Crime and the Treatment of Offenders and was also adopted by the UN General Assembly. Principle 2 of this document says, "The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressure, threats or interferences, direct or indirect, from any quarter or for any reason." The Indian judicial system is not subject to direct interference. It seems to function independently, but under the surface it is possible to discern indirect pressure. For example, the practice of appointing retired judges to commissions may well influence judges while they are on the bench. There may not be direct pressure to render decisions favorable to the executive, but certainly a judge who has "towed the government line" is more likely to be appointed by that same government to a position of prominence upon retirement.

Moreover, there is an absence of creative legal thinking. When the Guwahati High Court was presented with international law argument in People's Union for Democratic Rights, the court ignored it. Justice Raghuvir said in a personal interview that the court could not use international law. If the government has signed an international convention like the ICCPR which requires the government to guarantee rights to its citizens, how can these be enforced if the judiciary does not turn to the text of the convention in its rendering of decisions? The courts are not turning to the spirit of the law which guarantees the fundamental right to life to all people and as a result violations of human rights go unchecked.

The UN Special Rapporteur on the Independence and Impartiality of the Judiciary, Jurors and Assessors and the Independence of Lawyers, Mr Param Cumaraswamy, stated in the 51st Session of the Commission on Human Rights on 10 February 1995, at the United Nations in Geneva that," The power of judicial review is vital for the protection of the rule of law." He also quoted from Mr L M Singhvi's 1985 report that "the strength of legal institutions is a form of insurance for the rule of law and for the observance of human rights and fundamental freedoms and for preventing the denial and miscarriage of justice."

 

[arihant]

I hope we are able to remove all over valley. Considering Geelani now wants to talk, it seems something big news coming soon.

 

[angeldemon_007]

Here's an advice for GOI, if they wanna remove this law then they should do a favor for our army that they should remove them from the streets of Kashmir and hand over the control to CRPF and police from RR.

I am not saying remove the army from Kashmir, i am just saying move them to baraks. There's no point in keeping the army on roads because army works the hard way but get the work done but after the law is lifted first time in the history our brave soldiers will be facing jail to protect the nation.

 

[boris]

and now the trouble begins

 

[Shadow_Hunter]

such moves are necessary in order to win the confidence of people of kashmir. we need to show them that they are safe with us. otherwise more youths will join terrorist groups. good move GOI.

 

[Raje amar]

Here's an advice for GOI, if they wanna remove this law then they should do a favor for our army that they should remove them from the streets of Kashmir and hand over the control to CRPF and police from RR.

I am not saying remove the army from Kashmir, i am just saying move them to baraks. There's no point in keeping the army on roads because army works the hard way but get the work done but after the law is lifted first time in the history our brave soldiers will be facing jail to protect the nation.

defeinately...
we have state police, rapid action force than state reserve forces than central reserve forces. but if the state or center feels to deploy the army then its teribaly wrong with the situation. hence with the deployment of army must come the AFSPA.

if the state wishes to withdraw the act then they must also releve the armed forces of its duty.

 

[Veeru]

This type of things happens when you have a weak PM like MMS and Rahul baba's friend omar Abdullah as CM.


The hard work and sacrifice by the military will be waste and anti Kashmir elements will get a boost.

 

[internal]

Kashmir banega Pakistan.

 

[Shadow_Hunter]

Kashmir banega Pakistan.

bach soch soch kar khush hote raho....
60 years me nahi bana...ab kya banega....

 

[ashok321]

Kashmir banega Pakistan.

The invariable mark of a dream is to see it come true, but in your case its Alas!
UN did not do any didly, three and half war could not do bring you Kashmir - hence dream on till your destiny takes detour.

 

[AMRITSAR]

Kashmir banega Pakistan.

YAR INTERNAL THODA DIN ME KWAB MAT DIKHA KARO.

 

[Operation trident]

Kashmir banega Pakistan.

you can keep dreaming as we know dreaming don't take any cost

 

[internal]

bach soch soch kar khush hote raho....
60 years me nahi bana...ab kya banega....

The invariable mark of a dream is to see it come true, but in your case its Alas!
UN did not do any didly, three and half war could not do bring you Kashmir - hence dream on till your destiny takes detour.

YAR INTERNAL THODA DIN ME KWAB MAT DIKHA KARO.

you can keep dreaming as we know dreaming don't take any cost

Salami slicing will be done one by one.first kashmir then terala then etc etc....