UN asks India to repeal AFSPA
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UN asks India to repeal AFSPA

Last Updated: Saturday, March 31, 2012, 11:59     A- A A+
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Tags: UNIndiaAFSPA
New Delhi: Strongly backing the Indian government’s stand on Maoist violence, the United Nations Special Rapporteur on extra-judicial, summary or arbitrary executions, Christof Heyns, has condemned the violence perpetrated by the rebels in India.

After a rigorous 12-day fact-finding visit, Heyns, who will submit a report of his findings to the UN Human Rights Council next year, criticised the Maoists for killing innocent civilians with brazen impunity.

"Deadly violence has been used by Maoists, insurgents and terrorists in India. The callous nature in which lives, often of innocent civilians, are taken by these non-state actors, need to be condemned strongly. The state has a right to defend itself against such aggression, provided, of course, it abides by the international standards in this regard. The state cannot adopt unlawful or unconstitutional means or create a vigilante force to counter such violence," Heyns told media here.

Heyns also urged India to scrap the controversial Armed Forces Special Powers Act (AFSPA), which gives security personnel sweeping powers to search, arrest or even shoot people.

"AFSPA -- continuously in force since 1958, different states have their own versions as well, as in these particular states that I have mentioned, the Northeast India and Jammu and Kashmir -- has become a symbol of excessive state power. I have heard extensive evidence of action taken under this law that resulted in innocent lives being lost, in Jammu and Kashmir and in Assam, where witnesses from neighbouring states also assembled. This law was described to be as hated by some of the people I spoke to, and a member of a state human rights commission called it draconian," Heyns said.

"A law such as AFSPA, in my view, has no role to play in a democracy and should be scrapped. The repeal of this law will not only bring domestic law more in line with international; standards, but also send out a powerful message that instead of a military approach, the government is committed to respect for the right to life of all people in the country under a ordinary law and order and human rights dispensation," Heyns added.

The anti-militancy law is presently enforced in Jammu and Kashmir and across northeastern India. Several human rights groups, activists and academics regard AFSPA as a draconian law which is not needed now as the scale of militancy has been reduced considerably in the recent past and the Army does not need those powers, which could be misused by it.

On the other hand, the Army authorities deny such charges, and say the legislation is essential to root out insurgents.

ANI

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First Published: Saturday, March 31, 2012, 11:59

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Anil Sharma - Delhi
Union Home Minister P. Chidambaram replies ``Amendments to AFSPA pending?``. What a Silly response from the world largest democracy! Does decades means pending or just ignored? Justice Jeevan Reddy report has advised to repeal AFSPA during 2005 not days or few months or years back. Is the Indian Govt not even ashamed of giving such an answer like ``pending`` after decades? Govt are you listening, people want REPEAL not AMENDMENTS - are you still trying to fool people? AFSPA is not implemented in Maoist and Naxals areas which reports much higher violence - WHY??? Now we really doubt if India is really a democratic country?
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Nilanjana - Colombo Sri Lanka
Oh! poor UN... pls. don`t think Sri Lanka will against India in this regard as a revenge. India is our cousin, we never forget that. US may want to dis unite the region.
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Ravana - Sri Lanka
oh yeaaahhh... This is what we, Sri Lankans were waiting for.. when India voted against us on the HR issue couple of weeks back taking sides with so called 5 star western deomratic countries.. we Sri Lankans were waiting for something similar to come upon India. now time has come.... time for sweet REVENGE....!!! :-p
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Manjit - Assam
The main reason that insurgency developed in Assam was the lack of development in the region compared to the rest of the country. This despite the fact that Assam`s natural resources are being used particularly oil to fuel the growth of the Indian nation. So instead of addressing the main proble ie lack of development in the region the government sought to repress the region furthur by passing a law that allows armed forces to kill a person on the suspicion of being a militant. And if the suspicion was wrong , for what reason was the innocent killed. Such a law puts Indian democracy to shame.
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manjit - assam
The main reason for insurgency in Assam was the lack of development in the reason
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Srilankan - colombo
As I told you now same thing going to happen to india like us.Be carefull
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Rocky Reckless - India
Did anyone in the UN tell this joker Christof Heyns to visit United States and tell the United States President to bring to book everyone involved in the mas massacre of Iraqi people during US invasion of Iraq. The illustrious list of murderers would include the entire cabinet of George Bush II, his jolly friend Dick Cheney, FBI, CIA Chief. 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 poking its neck in highly internal matters of a Sovereign Nation.
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Redhu raj - Coimbatore
Funny India...!
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ram - india
UN is a pet of USA. It`s job is to interfere in every country`s matters to keep US and capitalist interest supreme.
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kat - imphal
A very encouraging observation by UN for the Govt of India which practise double standards.When AFSPA was thought of getting used against maoist in Chattisgarh and Jarkhand they didnt have the courage to implement it in mainland.Democracy which India is proud of doesnt go beyond Brahmaputra.What a SHAME!!
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joey - manipur
Dear Amitesh, what would you do if an angry policeman in your mumbai shoots/kills your near ones. You would be Very angry right! would want the perpetrator to be brought to justice in not hanged by law, and by JOVE! they will be hanged as per Indian Law. Well picture this: if AFPSA were to be imposed in mumbai, the same perpetrator will say he ``suspected`` that your near ones were about to disturb the peace and will go scott free, you may ask WHY? i will tell you why! Because under AFPSA the law enforcers are entitled to ``shoot to kill`` any one if he ``suspects`` (remember the key word here is ``suspect``) the individual is about to do something illegal. All he has to say after committing the crime is say `` I SUSPECTED``. case close! no proof required just utter the word ``suspected``



Amitesh - Mumbai
AFSPA needs to be in force. you dont see it being used in other states, do you? it is being used where it is felt necessary..its very easy for UN to talk about counteracting violence with unconstitutional means. these steps were taken by the Govt of India after due consideration and i think in this aspect they are correct.



Rocky Reckless - India
Did anyone in the UN tell this joker Christof Heyns to visit United States and tell the United States President to bring to book everyone involved in the mas massacre of Iraqi people during US invasion of Iraq. The illustrious list of murderers would include the entire cabinet of George Bush II, his jolly friend Dick Cheney, FBI, CIA Chief. 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 poking its neck in highly internal matters of a Sovereign Nation.



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