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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Indian - India
UN should visit Tibet first and then come back and comment on India.
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AVTAR KAUL - AHMEDABAD
Very easy to pass judgements.....Since no westerners have been abducted in J&K or NE, so suddenly the UN is live and kicking. Do you mean that organizations like LET, Hizbul Mujahadeen and hundred other outfits should be given a free ride to disturb peace and tranquility of Kashmir and similar other areas...? Talking is easier...only the wearer knows where the shoe pinches. I think the best course for UN in this case is to keep its mouth shut....Let them practice these ideas in Afghanistan, Pakistan, Iraq, Syria and numerous countries of Africa. and hundreds other organisations can be controlled
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junabazar - Dubai
Another arrogant, whole country if arrogant, never ever accept facts.
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Ansur - Azad Kashmir
So let UN and Amnesty International to enter Kashmir, Seven Sister States and see just how the Indian State treats the occupied people.
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Shiva - Bengaluru
What a Shame A country looking to be a super power cant root out problems within. I dont understand y they(Moists) are still powerful even after killing so many people each day. y cant they send army n finish the job within a month. I suspect our netas are behind the maoists.
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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.
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kat - Imphal
Come and live in Manipur and you will relize what AFSPA is when your loved ones are taken away by army and they never return.
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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``
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Anish - chandigarh
Hope u should learnt more about this AFPA and then come to know what exactly it is, and the role of it in this democratic country. Their should be an alternative means to counter terrorism which does not violate the rights of the civilian. If we dont considered it, we are more than similar with this communist country like china.
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A B BHANDARY - bENGALURU
Why interfere only with ALFA/Internal administration, why not ask the Govt. straight to bring back Black money stashed abroad being thieved from the Nation/people of India and that is the root cause for all problems of malnutrition, abject poverty, starvation, illiteracy, pavement dwelling, discrimination? And this will solve all the problems of India!!!y
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Arjun - Bhopal
That is because UN is more concerned about tying India down using Human Rights as an excuse. We should not have allowed these anti-Indians to visit the country.
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Ansur - Azad kashmir
Kashmiris are indiscriminately being killed, children harrassed and shot at on their way to school mainly girls by a NON KASHMIR unwelcome occupying force. My sisters are being abducted and raped by DIRTY FILTHY INDIAN SOLDIERS AND INDIAN POLICE. My brothers are indiscriminately being shot and killed all over kashmir and if anyone raises a voice indpendently against the STATE TERROR that THE OPCCUPIER INDIA inflicts he / she is taken away and in most cases enver to be found. Kashmir is the LARGEST and OLDEST OCCUPATION int he world. Dalits from Seven Sisters, Assam, West Bengal are treated like sub human insignificant people. No education, no modernisation yet their resources are sucked away by New Delhi. Just like in Kashmir the FILTHY INDINA POLICE AND ARMY are NOT WELCOME killing with impunity, abducting our Dalit SISTERS, raping and killing at leisure. India is the legacy of The British and is a facade no law, no order no democracy just Brahmin Rule. dalits turn to Commnism and non Hindu faiths and seek autonomy. Dalits are the real INDIANS the real INDIGENOUS of the Sub Continent the British and Europeans called India (South Asia)
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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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