Laws, Suppression and the Lawmakers
| by Graham Peebles
( May 3, 2013, Manipur, Sri Lanka Guardian) The primary colours of any civil democracy are we would agree, social justice, freedom of expression, freedom to protest and participation. India, with a population of 1.3 billion people is regularly hailed as the largest democracy in the world. At first glance the governments pretentions to democracy would appear to be justified, after all there is, on paper at least, an independent judiciary, a free press – freely owned from top to toe by corporations – a thriving civil society and, of course, the cornerstone of any democratic state: the haloed parliamentary elections, totally funded and (therefore) fully owned, top to toe, by the same corporations that count the national and regional newspapers, radio and television networks as their own, as well as growing portfolios of natural assets; rivers, forests, water supplies, mountains (full of bauxite), and other mineral resources.
Where elements of democratic necessity are lacking, democracy is absent, and if there is a single tenet upon which the democratic dream is built, it must surely be justice: legal justice, together with social justice, both of which are essential. With cries of inequality ringing out across the world, social justice – solidly founded upon principles of fairness, is universally missing.
In large parts of India not only is there little or no social justice, but the observation of judicial law is also lacking as government agencies and security forces trample on federal law, the Indian constitution, and a range of Internationally binding agreements. State violence, injustice and corruption, under the comforting cloak of impunity have long taken root in vast tracts of the country, most notably the Northeastern and Central States, where local people, herded together under the terrorist tainted banner of ‘Maoists’, or ‘rebels’ are waging a tribal uprising against government military and paramilitary forces.
State Criminality and the Armed Forces Special Powers Act
Manipur, like its neighbouring States in the Northeast is awash with government paramilitary, for over five decades it’s people have been petitioning and fighting for self-determination. They bear witness to the plague of state criminality, violent injustice and corruption surging through the country. Widespread rape, torture, false imprisonment and extra judicial killings, are all in use as methods of government oppression and control that are poisoning life in the region.
In March 2012 the United Nations (UN) Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heynes, spoke of the “excessive use of force by police including fake encounters, custodial deaths and traditional practices affecting women such as honour killings, and dowry deaths”, he called for justice for victims and for the government to set up a “credible Commission of Inquiry” into extrajudicial killings. The panel should investigate “past violations, propose relevant measures to deal with these, and work out a plan of action to eradicate practices of extrajudicial executions.”
Justice is a jewel that unsurprisingly, eludes the disadvantaged and vulnerable throughout India; most at risk of abuse Heynes tells us, are “women and minorities — religious minorities, as well as Dalits [so called untouchables from the lowest caste]…. Adivasis [and] human rights defenders, including Right to Information activists…. and their protection deserves special measures.” Alas the only ‘special measures’ these marginalised people and advocates of justice are receiving in corporate India are to be found in the draconian articles of the Armed Forces Special Powers Act (AFSPA) 1958. A law that is anathema to the democratic principles India proclaims to cherish. It grants immunity to security personnel committing wide-ranging offenses to innocent civilians. Human Rights Watch (HRW) 19/10/2011, state, that the law “grants the armed forces the power to shoot to kill in law enforcement situations, to arrest without warrant, and to detain people without time limits.” Soldiers acting with impunity are, HRW relay, “routinely engaging in torture and other ill-treatment during interrogation”.
Introduced in 1958 in Nagaland, the AFSPA descended onto the ‘disturbed’ districts of Manipur in 1980, creeping then into Jammu and Kashmir, until it permeated much of the Northeast of the country. The ‘emergency’ law, which Parliament and the people were promised was to be in operation for only six months, has lived on for 52 years and hundreds of deaths, rapes and false imprisonments later, is still being used to shield security personnel committing criminal acts. The AFSPA, as all unjust actions – far from easing tension has exacerbated the situation and fed insurgent groups, The Hindu 7/02/2013 record, “In 1958 there was one “terrorist” group in the North East. Manipur had two groups when the State was brought under the Act. Today, Manipur has more than twenty such groups, Assam has not less than fifteen, Meghalaya has five of them and other States have more groups.“
Working for Justice
The Government, perhaps keen to conceal the conflict taking place in Manipur, refused the UN Special Rapporteur permission to visit the State in 2012. Through the committed work of human rights groups and political activists in the region, the struggle for justice and the outrage against widespread human rights abuses, are kept persistently present. The figurehead is the heroic Irom Sharmilla Chanu. An “icon of public resistance”, the New York Times 8/02/2011 called her, she bravely represents the people of Manipur, particularly the women of the state in their struggle for justice against the hated AFSPA, the excessive military presence and the violent abusive methods of security personnel.
The right to protest is another pre-requisite of democracy alongside justice. Peaceful or otherwise, protest is strongly discouraged in India, by a government eager to suppress dissent and present a sparkling-clean market-friendly image to the world. Within three days of Sharmilla’s peaceful protest, she was arrested, charged with attempted suicide – illegal in India, and imprisoned, without trial, for one year – the maximum sentence. This bizarre process has been repeated ever since, resulting in her being held in judicial custody for the last twelve years. She was last released on 12th March only to be re-arrested two days later.
Imprisoned, The Independent 4/03/2013 report, in “the secure wing of the Jawaharlal Nehru Institute of Medical Sciences hospital in the city of Imphal” she is force-fed by the police using nasogastric intubation – a tube inserted into her nostril. She pleads ‘not guilty’ to the charge of attempted suicide, and rightly calls for all criminal charges to be dropped. Amnesty International (AI) 20/03/2013 demanding her immediate release from police custody, report her saying “I love life…. I do not want to commit suicide. Mine is only a non-violent protest. It is my demand to live as a human being.” A hunger strike the British Medical Association makes clear, “is not equivalent to suicide. Individuals who embark on hunger strikes aim to achieve goals important to them but generally hope and intend to survive.” (Ibid)
Her well-documented political protest against abuse and injustice in Manipur, and specifically against the internationally condemned AFSPA, was fuelled by the shooting of 10 civilians in the village of Malon, near Manipur’s capital, by the Assam Rifles. They are one of a number of Government forces present within the State that have been implicated in a barrage of cases (yet to be investigated) of murder, rape and torture, most notoriously perhaps, the rape and murder of Thangjam Manorama in July 2004. Human Rights Watch report Manorama’s “bullet-ridden body was found at around 5:30 a.m. on July 11, 2004 by villagers near Ngariyan Maring, about four kilometers from her house.” she had been arrested at home, beaten and HRW report, “tortured” by members of the Assam Rifles, who were responsible for her murder. The incident so outraged the community that a group of elderly women staged a naked demonstration in front of the Assam Rifles headquarters, while carrying a banner that read: “Indian Army, Rape Us.”
Sharmilla’s peaceful action is the loudest cry in an army of voices calling for the repeal of the AFSPA. The Womens International League for Peace and Freedom (WILPF) state that the AFSPA, “continues to increase militarisation in the North East, augment impunity and facilitate human rights abuses including rape and other forms of torture, forced disappearances, and killings of civilians.” There is broad recognition in India, HRW 19/10/2011 report, “that the AFSPA should be repealed because it has led to so many abuses. Prime Minister Singh should overrule the army and keep his promise [made in 2004] to abolish this abusive law”. Various Indian bodies have recommended repealing the law, including amongst others, the Jeevan Reddy Commission (back in 2005), which described the situation in Manipur as “grave” and the Prime-Ministers Working Group on Confidence-Building Measures. In January this year The Justice Verma Committee on Amendments to Criminal Law found “that the AFSPA legitimised impunity for sexual violence, and recommended an urgent review of the law”.
An Unjust Law Worth Fighting
Reviews, recommendations, proposed amendments all miss the unjust violent point, and fail to demand that the law, which is an abhorrence to any society, democratic or not, be scrapped totally, and thorough investigations of past state criminality initiated. This commonsense view, is one that not only the conscience of the UN holds but the Supreme Court of India, which acknowledges that the conflict in Manipur is a fight for “self-determination”, also shares. It is, it seems, the army generals who are devoutly attached to the AFSPA. The Hindu reports Mr P. Chidambaram, the former Union Home Minister and now Finance Minister saying the “Army Chiefs have taken a strong position that the Act should not [even] be amended”, but retained in “disturbed” areas – ignoring the fact that the army is causing the disturbance. Government subservience to the men with guns has caused The Hindu to asks “Who is it that rules India”? The rupee-rich multi-national corporations, albeit via ‘democratically’ elected representatives, is the majority response.
Christof Heynes during his visit in March, made an unequivocal demand for the law to be scrapped, saying “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 of the country.” The application of the law denies “the right to life” he said. His statement emphasises a chorus of comments made by the UN since 1997. In 2007, the UN Committee on the Elimination of Racial Discrimination urged the Government to repeal the Act, and in March 2009, Navanethem Pillay, the High Commissioner for Human Rights herself demanded it be repealed. Such common-sense calls, as so many issuing forth from the table of the UN, have been resolutely ignored. The inviolable sanctity of the ‘nation state’, together with the unrepresentative out-dated Security Council, is constraining the UN and overriding the human rights of the people, which the Assembly of Nations was founded to establish and safeguard.
In Manipur, the most basic of the 30 rights enshrined in the Universal Declaration of Human Rights, (UDHR) – the right to life, liberty and security – also the right, “to be protected from arbitrary arrest, and to be free from torture and other ill-treatment”, are being trampled on by government security forces with, thanks to the AFSPA, impunity.
These unconditional rights are to be found not only in the pages of the UDHR, but within the hearts of just men and women throughout the world. They are everyone’s birth-right, beyond caste, class, income or position, and must be rightly observed.
Graham Peebles is director of the Create Trust. He can be reached at: graham@thecreatetrust.org
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