Afspa
Briefing: The Armed Forces Special Powers Act (AFSPA) Review Committee takes one step forward and two backwards
In October 2006, the human rights community in India was surprised at the disclosure by The Hindu newspaper1 in which it reported that it had managed to secure a copy of report by the Committee to review the Armed Forces (Special Powers) Act, 1958,2 (the Committee). The Committee, established by India’s Central Government in November 2004, and headed by Retired Justice B.P. Jeevan Reddy, presented its report to the Government in June 2005. Since then the human rights community had tirelessly called for its findings to be released. This briefing is a summary of, Amnesty International’s observations and concerns, on the implications for human rights in India of implementing the Committee’s recommendations. One positive aspect of the Committee’s recommendations is immediately clear: the Committee calls for the repeal of the Armed Forces (Special Powers) Act (AFSPA). Amnesty International has joined local and international human rights NGOs in strongly criticising the AFSPA and calling for its revocation, 3 and can therefore only welcome this aspect of the Committee’s recommendations. In addition, the Committee recommends that some of the excessive powers granted to the armed forces under AFSPA be abolished - for instance, the authority to use lethal force against any person contravening laws or orders “prohibiting the assembly of five or more persons”. 4 The alternative [legislation proposed] by the Committee (see below) also includes the list of “Do’s and Don’ts” attached to the AFSPA, and rendered binding law by the Supreme Court5, and which impose certain restraints on the behaviour and powers of soldiers deployed under the Act.6
India
See The Hindu, “Repeal Armed Forces Act: official panel,” by Siddarth Varadarajan, 8 October 2006 available at http// www.hinduonnet.com/thehindu/2006/10/08/stories/2006100806130100.htm 2 Report of the Committee to
In October 2006, the human rights community in India was surprised at the disclosure by The Hindu newspaper1 in which it reported that it had managed to secure a copy of report by the Committee to review the Armed Forces (Special Powers) Act, 1958,2 (the Committee). The Committee, established by India’s Central Government in November 2004, and headed by Retired Justice B.P. Jeevan Reddy, presented its report to the Government in June 2005. Since then the human rights community had tirelessly called for its findings to be released. This briefing is a summary of, Amnesty International’s observations and concerns, on the implications for human rights in India of implementing the Committee’s recommendations. One positive aspect of the Committee’s recommendations is immediately clear: the Committee calls for the repeal of the Armed Forces (Special Powers) Act (AFSPA). Amnesty International has joined local and international human rights NGOs in strongly criticising the AFSPA and calling for its revocation, 3 and can therefore only welcome this aspect of the Committee’s recommendations. In addition, the Committee recommends that some of the excessive powers granted to the armed forces under AFSPA be abolished - for instance, the authority to use lethal force against any person contravening laws or orders “prohibiting the assembly of five or more persons”. 4 The alternative [legislation proposed] by the Committee (see below) also includes the list of “Do’s and Don’ts” attached to the AFSPA, and rendered binding law by the Supreme Court5, and which impose certain restraints on the behaviour and powers of soldiers deployed under the Act.6
India
See The Hindu, “Repeal Armed Forces Act: official panel,” by Siddarth Varadarajan, 8 October 2006 available at http// www.hinduonnet.com/thehindu/2006/10/08/stories/2006100806130100.htm 2 Report of the Committee to