Indian Atrocities in Kashmir under AFSPA

By: Maemuna Sadaf

According to disturbed areas act which was approved in Indian special

courts in 1976, special powers were given to army. This act was implemented to
maintain Law and Order Situation in the areas where conflicts are continued and
Government of India is facing problems. The act in which special powers are
provided to armed forces is called Armed forces special act (AFSPA). 44th
amendment in Indian Constitution ensured that Emergency will not be
implemented in India. On the contrary, AFSPA was approved in 1958 in
replacement of Emergency. It was used extensively before and during emergency.
It is precursor to maintenance of internal security Act and can be invoked
anywhere in the area certified as disturbed.

This Act was imposed initially in Assam, following Jammu and Kashmir in
August 2001. AFSPA gives supreme powers to army personnel to crack down on
insurgents in conflicted areas. After warning, army personnel can use any kind of
force against the suspect including fire power. This Act gives the power to destroy
fortified positions, hid outs and dumps of persons to be armed volunteers. The
right to arrest without warrants any person who is guessed of having committed
to cognizable offence.

According to AFSPA, an army person has the authority to enter and search
any premises without any warrant. The authority to stop and search any vehicle
which is suspected to be carrying weapons is also given to persons representing
state. Even act of murder (without proof of been guilty) is not challengeable in
any court including military court. In other words, legal immunity is provided to
Army Personnel for any crime against people of disturbed area.

Under this act, even an Army officer can have powers to protect anyone
whom he thinks is acting in good faith for state. All the courts would remain
inactive against any allegations on an army person. No one but only central
government of India can intervene otherwise.
 Writing more, globally controversial act has also been criticized in India. On
st
31 March 2012, UN asked India to invoke AFSPA from Kashmir and other areas of
the country, saying it had no place in Indian democracy.

An Indian Retired Officer who was deputed in Jammu and Kashmir

concluded that “Sometimes, we behaved like militants and the militants like
security forces. The state machinery was perceived as tool of oppression and
seldom seen as guardian. AFSPA is a bad act (Reported lately in a column “The
Emergency that continues: 25 years of AFSPA in Jammu and Kashmir”)

In Kashmir implementation of AFSPA has started a new era of atrocities.

Use of pellet guns and other fatal weapons became habitual for Indian Army.
Report shows that his act is misused specially in Kashmir to suppress Freedom
Movement. After martyrdom of a young Hurriyat Leader Burhan Wani, Indian
forces have crossed all the limits of atrocities.

Indian Union home ministry has released data that reveals human Rights
Violations under the AFSPA Act are highest in Jammu and Kashmir. According a
document published through Right to Information (RTI) among 186 complaints 74
were against Indian forces and paramilitary forces. 24 complaints of death in army
encounters among 12 cases were alleged as fake encounters. 16 complaints of
deaths were reported in army firings, whereas 19 cases of rape and abduction
were reported in one year. Indian Supreme Court had also asked for details of
over 1500 alleged fake encounters which occurred in last two decades.

Discussing more, The United Nations Working Group on Human Rights India
(UNWGHRI) and United Nations Working Group on Human Rights (UNWFGHR,
comprising of 12 Human Rights Organizations) and independent experts from
India has recommended repeal of AFSPA. Human Rights Watch on September 22,
2017 and in World Reports on Human Rights 2018 has also mentioned the denial
behavior of Indian Government regarding acceptance of Key Human Rights.

Concluding more, beside criticism and appeals to revoke the draconian

emergency act AFSPA, it is still in place since 25 years. One must understand that
Kashmir is not a disturbed area of Indian federation where as it is a disputed
territory among Pakistan and India.

According to the resolutions of UN Kashmir issue will be resolved according

to the will of Kashmiri people. In presence of these resolutions, implemented of
AFSPA in Kashmir is illegal. It was implemented to suppress Freedom Movement
of Kashmir but remained unsuccessful even after 25 years of implementation.
Freedom movement will remain continued till freedom of Kashmir.