ARMED FORCES SPECIAL

POWERS ACT

SUBMITTED BY:

SUBMITTED TO :

UDAIVEER SINGH AHLAWAT

B.A.L.L.B
SEMESTER - I

Prof. ANAND KUMAR

(Project towards fulfilment of assessment in the subject of Constitutional Governance-I)

NATIONAL LAW UNIVERSITY , JODHPUR
SUMMER SESSION

(JULY-NOVEMBER)
Total Word Count:

ACKNOWLEDGEMENT
On the completion of this project, I take the opportunity of thanking the people who contributed in
the completion of it, without whose aid, contribution and help this project wouldnt have seen
practicability.
First I extend my heartfelt gratitude to, my mentor and Constitution Teacher, Mr. Anand Kumar,
Faculty of CG-I whose continuous guidance and support provided me with the much needed
impetus and gave me a better insight into the topic. I am grateful to the IT Staff for providing all
necessary facilities for carrying out this work. I thank all members of the Library Staff for providing
me the assistance anytime needed.
I also thank my friends and batchmates for providing me the much needed aid whenever needed.
Most importantly, I would like to thank my parents Dr. Kulbir Ahlawat and Dr. Sonu Ahlawat for
providing me the much needed force for accomplishing this project.

Research Methodology
SUBJECT- Constitutional Governance- I
TOPIC- Review of Armed Forces Special Powers Act

The method of research opted by me in this project was doctrinal research from both primary and
secondary sources. Majority of research work has been done via Articles, Case Laws and Case
Laws available in online databases. Other sources like various works by learned authors has also
been referred.

SCOPE

This project is an attempt to understand the AFSPA Act and its usage over the years. It aims to
understand the reasons, aims and outcome of the Act. The Armed Forces (Special Powers) Act of
1958 (AFSPA) is one of the more cruel legislations that the Indian Parliament has passed in its 45
years of Parliamentary history.
The project tries to analyse and determine

Is AFSPA Constitutionally valid?

Can AFSPA be justified in light of Article 4 of the International Covenant on Civil and
Political Rights, ICCPR?

How essential is AFSPA in India?

Is AFSPA under the ambit of reasonable restrictions when violating fundamental rights?

INTRODUCTION

At the beginning of the century, the inhabitants of the Naga Hills, which extend across the IndoBurmese border, came together under the single banner of Naga National Council(NNC), aspiring
for a common homeland and self-governance. The Naga leaders were adamantly against Indian rule
over their people once the British pulled out of the region. Under the Hydari Agreement signed
between NNC and British administration, Nagaland was granted protected status for ten years, after
which the Nagas would decide whether they should stay in the Union or not. However, shortly after
the British withdrew, independent India proclaimed the Naga Territory as part and parcel of the new
Republic.
The NNC proclaimed Nagaland's independence. In retaliation, Indian authorities arrested the Naga
leaders. An armed struggle ensued and there were large casualties on either side. The Armed Forces
Special Powers Act is the product of this tension. Similarly in the state of Jammu and Kashmir, the
flawed elections of 1987,in which the leaders of MUF(Muslim united front)had to face a fabricated
defeat at the hands of mainstream political parties, resulted in violent means of struggle for
secession from India. The massive militant uprising coupled with large scale infiltration of cross
border militants turned the situation volatile. In order to suppress the movement, the central govt.
introduced AFSPA in 1990.

MEANING OF AFSPA

The Armed Forces Special Powers Act (AFSPA) is an act empowering armed forces to deal
effectively in disturbed areas. Any area which is declared disturbed under disturbed areas act
enables armed forces to resort to the provisions of AFSPA. The choice of declaring any area as
disturbed vests both with state and central government. After an area comes under the ambit of
AFSPA, any commissioned officer, warrant officer, non-commissioned officer or another person of
equivalent rank can use force for a variety of reasons while still being immune to the prosecution.
The act was passed on 11 September 1958 by the parliament of India to provide special legal
security to the armed forces carrying out operations in the troubled areas of Arunachal Pradesh,
Assam, Meghalaya, Manipur, Mizoram, Nagaland, Tripura.(seven sisters).However, in 1990 the act
was extended to the state of Jammu and Kashmir to confront the rising insurgency in the area. In
Manipur, despite opposition from the Central government, state government withdrew the Act in
some parts in August, 2004. 1
After the implementation of AFSPA, there was a continuous debate whether it is needed by the
Indian Army or not. Although it was withdrew in Manipur, but some people were in favour of the
act. Now we will consider with the necessity of AFSPA for the armed forces.

1www.studentsappeal.com

TABLE OF CONTENTS

National Law University, Jodhpur...1

Winter Session.1
(July-November)..1
Acknowledgement...2
Research Methodology3
SCOPE4
Introduction.5
Table of Contents7
Need for AFSPA..8
What if AFSPA is Diluted?11
Jeevan Reddy Commission and its Recommendations.12
Legal Analysis13
AFSPA and Indian Law..15
AFSPA and International Law20
Present Scenario of AFSPA24
Conclusion..26
Bibliography...28
8

NEED OF AFSPA FOR THE ARMED FORCES

AFSPA comes into power just once capable non military personnel power pronounces a region as
exasperates. For the most part this is stage when state police or focal para military powers (PMF)
can no more control the peace circumstance.

Presently Army's essential obligation is to safeguard country against outside hostility. Its optional
obligation is "Help to Civil Authority (ACA)". Working in Counter Insurgency/terrorism influenced
is one piece of ACA, salvage amid normal calamities and so forth can be others.

Lamentably Army is last apparatus of administration. In the event that it comes up short, there is no
next. So when everything else has fizzled, legitimately last instrument ought to be most empowered
and liberated.

Ordinary dichotomy is to not give anybody over the top forces because of a paranoid fear of abuse.
When you send in your last instrument of administration and your most believed one, truth be told
you don't have a decision yet empower it to the grip.

There is no refuting the way that political need drives organization of the security strengths for
inward security obligations. The powers are mindful that they can't stand to fizzle when called upon
to protect the nation's honesty. Henceforth, they require the base enactment that is crucial to
guarantee proficient usage of battle ability. This incorporates shields from legitimate provocation
and strengthening of its officers to choose livelihood of the base drive that they consider vital.
9

The unlucky deficiency of such a legitimate statue would antagonistically impact the authoritative
adaptability of the security of state. This would render the security strengths unequipped for
satisfying there part. To put it plainly, it would infer that a warrior can't fire upon a terrorist, cannot
make fundamental move to devastate an alcove and cannot capture anybody he suspects to be
countries risk.

Noteworthily, the security strengths have a privilege to look for legitimate procurements to attempt
operations for three essential reasons. One, an officer dissimilar to a policeman is not enabled by the
law to utilize power. Next, while working in far flung regions, it is essentially unrealistic to order
the backing of justices occasionally. In conclusion, their job is an instrument of `last resort` when
every other choice have been depleted.

As we have as of now seen the value of AFSPA for the Indian officers, we can now effortlessly
identify with the results of what will happen if AFSPA is weakened.

10

WHAT IF AFSPA IS DILUTED?

There has been a consistent interest from every single common association that a portion of the
procurements of AFSPA must be weakened to make it more others conscious and responsible act.
However, the armed force trusts the cancellation of act could demonstrate grievous at the focal and
the state government levels. three issues merit consideration:

'Firstly, it would weaken the limit of an imperative instrument of the state the military - to handle
the security difficulties confronted by the nation.

Furthermore, it would rouse the guerrilla initiative, field units and their over ground supporters to
participate in careless harm to open life and property. It may well result in a security circumstance
which slides past recovery, requiring major political bargain.

Thirdly, the dissolution of the law and the resultant absence of security spread would
antagonistically influence the administration and improvement limits in the insurrection influenced
states, and the inevitable change of neighbourhood grievances'. 2

2pao.net/epSubPageExtractor.asp?src=manipur.History_of_Manipur.AFSPAA_Historical_Perspective.AFSPA-A_Historical_Perspective_1

11

These three noteworthy result of if AFSPA is weakened were very predictable so administration of
India chose to make a commission to investigate the issue. This commission was known as
JEEVAN REDDY COMMISSION.

JEEVAN REDDY COMMISSION AND ITS

RECOMMENDATIONS.

In 2004, in the wake of intense agitation that was launched by several civil society groups following
the death of Manoram Devi, while in the custody of the Assam Rifles and the indefinite fast
undertaken by Irom Chanu Sharmila, the central government accordingly set up a five-member
committee under the Chairmanship of Justice B P Jeevan Reddy, former judge of the Supreme
Court.The 147-page report recommends, "The Armed Forces (Special Powers) Act, 1958, should be
repealed."
During the course of its work, the committee members met several individuals, organisations,
parties, institutions and NGOs, which resulted in the report stating that "the Act, for whatever
reason, has become a symbol of oppression, an object of hate and an instrument of discrimination
and high handedness.
The report clearly stated that "It is highly desirable and advisable to repeal the Act altogether,
without of course, losing sight of the overwhelming desire of an overwhelming majority of the
[North East] region that the Army should remain (though the Act should go)."But activists say the
Reddy panel despite its recommendation for the 'repeal of the Act' has nothing substantial for the

12

people. The report recommends the incorporation of AFSPA in the Unlawful Activities (Prevention)
Act, 1967, which will be operable all over India .
The panel gave its report in June 2005 but the Manmohan Singh government has neither officially
accepted nor rejected its findings. Reasons for this are many. With rapid rise in terrorism throughout
the country in the past couple of months coupled with terrorist violence in many places, especially
in the Northeast, the government of India cannot take a hasty decision on the removal of this Act, as
it could spell several dangers to the strategic security and territorial integrity of the country.
After all the debates over the issue of AFSPA and its use in society we can analyse its position and
role of importance in society.3

LEGAL ANALYSIS

In this theme we will be meaning to give neighbourhood, National and International Human Rights
safeguards and chiefs with a far reaching investigation of the Act's similarity with India's local and
International human rights commitments.

The human rights commitments investigated in the present report concern, as a matter of first
importance, those spilling out of the Constitution of India, and universal law sources, with specific
accentuation on the International Covenant on Civil and Political Rights (hereinafter "the Covenant"
or "ICCPR"). The Covenant, to which India acquiesced in 1979, perceives various central human
rights, including the privilege to life, the privilege not to be tormented or abuseed, the privilege to

3www.thehistorywriters.net

13

freedom and security, reasonable trial rights, the privilege to protection, and the privilege to
opportunity of get together.4

AFSPA conflicts with both Indian and International Law Standards. This was shown just when India
exhibited its second intermittent report to the United Nations Human Rights Committee in 1991. At
the point when the Attorney General of India was addressed by the individuals from UNHRC
(United Nations Human Rights Council) on how AFSPA couldn't be Deemed Constitutional under
the Indian Law and how it could be advocated in light of article 4 of the ICCPR. He said that the
severance in the Northeast must be reacted on a "war balance" depending on the main contention
that the AFSPA is a fundamental measure to keep the withdrawal of the North-eastern states and
contended that the Indian Constitution in article 355, made it the obligation of the focal government
to shield the states from inside unsettling influence and that there is no obligation under worldwide
law to permit severance.

This thinking founded in the upper east because of the AFSPA gave more motivations toward the
north-eastern individuals to need to pull back from the condition of India.5

4Concluding observations of the Human Rights Committee: India, UN Doc. CCPR/C/79/Add. 81, 8
April 1997, at para. 18

5http://www.gomanipur.com/your-story/item/369-armed-forces-special-powers-act-1958 5
November, 2011

14

In accordance to INDIAN LAW

On 27 November 1997 the Supreme Court of India rendered its judgment in Naga Peoples
Movement for Human Rights v. Union of India.6 In this case the validity of the Act was challenged
by means of a writ petition before the Supreme Court of India.
The petitioner alleged that the Act had violated constitutional provisions that govern the procedure
for issuing proclamations of emergency, and upset the balance between the military and civilian and
the union and state authorities. The court rejected those contentions. It found that the parliament had
been competent to enact the Act and ruled that its various sections were compatible with the
pertinent provisions of the Indian constitution. In particular, the court held that the application of the
Act should not be equated with the proclamation of a state of emergency, which led to it finding that
the constitutional provisions governing such proclamations had not been breached. The court
further emphasised that the military forces had been deployed in the disturbed areas to assist the
civilian authorities. As these authorities continued to function even after the militarys deployment,
the court held that the constitutional balance between the competencies of the military and the
civilian authorities had not been upset. Equally, the court found no violation of the constitutional
balance of competencies of the union and state authorities. What the court did not address was the
compatibility of the Act with Indias obligations under the ICCPR or other international obligations.

6 1998 AIR 431

15

This is notwithstanding the general rule of Indian constitutional law, confirmed by the Supreme
Court in another case decided in 1997, that the courts must have regard to international conventions
and norms when interpreting domestic statutes.7
Many cases challenging the constituency of the AFSPA are still pending before the Supreme Court.
The only way to repeal this act is if the Supreme Court declares AFSPA unconstitutional but
surprisingly the Delhi high court found the AFSPA conditional hence allowing to take effect. The
judiciary should repeal the AFSPA as it is unconditional and end army rule in the northeast.8

THE RIGHT TO LIFE

Article 21 of the Indian Constitution states that No person shall be deprived of his life or her
personal liberty except according to procedure established by law." Section 4(a) of the AFSPA
which grants armed personnel to shoot and kill. This is clearly violating article 21 of our
Constitution.9

PROTECTION AGAINST ARREST N DETENTION

Article 22 of our Constitution states:

No person who is arrested shall be detained in custody without being informed, as soon as may be,
of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a
legal practitioner of his choice.

7 Vishaka et al. v. State of Rajasthan et al., 1997 AIR 3011.

8 http://ejp.icj.org/IMG/Babloo_Loitongbam.pdf

9 Article 21 of the Indian Constitution.

16

Every person who is arrested and detained in custody shall be produced before the nearest
magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the
journey from the place of arrest to the court of the magistrate and no such person shall be detained
in custody beyond the said period without the authority of a magistrate."
These two sections of article 22 of the IC can be used to safeguard the people arrested under the
AFSPA.10

MILITARYS IMMUNITY/LACK OF REMEDIES

Members of the armed forces in the state of India are protected from arrest for anything done within
the line of official duty by section 45 of the CrPc (The Indian Criminal Procedure Code).11 Section 6
of the AFSPA provides then with absolute immunity for all atrocities committed under the AFSPA.12
The armed forces personnel conduct themselves as being above the Law. When they are tried in
army courts, the people are not informed about the proceedings. The results of many trials such as
in the case where BSF and armed forces in Jammu and Kashmir were punished for the abuses was
not published stating that is would endanger the lives of the soldiers by the NHRC.

THE ARMY ACT

10 Article 22 of the Indian Constitution.

11 Section 45 of the Indian Criminal Procedure Code.

12 Section 6 of the AFSPA.

17

The 1950 act was a revision of the 1911 Indian army act. The revision of this act was to bridge the
gap between the army and civil Laws as far as possible in the matter of punishments of offences.
Chapter 5 of the army act grants armed personnel privileges including immunity from attachments
and arrest for debt. Which gives the armed personnel even more freedom and makes them to be
irresponsible for their actions.13

CONSTITUTIONAL LAW VIOLATIONS

(a) Violation of Right to Life.Article 21 of the Constitution guarantees the right to life to citizens of
our country. This right has allegedly violated by Section 4 of this act.

(b) Violation of Right of Equality Before Law.Article 14 of the Constitution ensures equality before
law. People residing in areas declared as disturbed have been denied this right because of Section 6
of AFSPA which prevent the citizens from filing a suit against any personal of armed forces without
prior sanction of Central Government.

(c) Violation of Protection Against Arrest .As per Article 22 of our Constitution, any person arrested
is to be informed regarding the causes for the arrest and produced before a magistrate within 24
hours . The AFSPA violates these provisions as the armed forces allegedly detain the accused
without officially declaring the arrest leading to HR violations.

(d) The AFSPA Violates Indian Criminal Procedure Code (CrPC).

13 http://www.vijbooks.com/uploads/images/products/pdf/795532090L1Mil%20Law_Sample
%20For%20Web.pdf, 5 November, 2011.

18

(i) Use of Minimum Force . The Criminal Procedure Code lays out the procedures that police is to
follow for carrying out arrests and searches . CrPC also advocates use of minimum force for
dispersing an unlawful assembly. No such provisions exists in any sections of Armed Forces Special
Powers Act.

(ii) Absolute Powers to All Ranks less Sepoy. An executive magistrate or police officer not below
the rank of a sub inspector is authorised to disperse any unlawful assembly. In Armed Forces
Special Powers Act, all members of the armed forces less a sepoy have been vested with such
powers.

(iii) CrPC does not advocate force to the extent of causing death unless they are accused of an
offence punishable by death. The same rule does not pertain to Armed Forces Special Powers Act.

(e) Limited Remedy to the Alleged Victim. Section 6 of AFSPA violates Section 32(1) of the
constitution that provides the right to move the Supreme Court in case of any violation of basic
fundamental rights .Under AFSPA, prior sanction is to obtained from Centre Government before a
case can be filed in court.

(f) Absolute Powers Without State of Emergency. AFSPA grants likes of emergency powers to the
armed forces without declaring a state of emergency un the country which is considered contrary to
the constitution.

19

In accordance to International Law:

The AFSPA is not justified under any relevant International human rights and humanitarian law
standards. The AFSPA also violates the Universal Declaration of Human Rights (the "UDHR"), the
International Covenant on Civil and Political Rights (the "ICCPR"), the Convention Against
Torture, the UN Code of Conduct for Law Enforcement Officials, the UN Body of Principles for
Protection of All Persons Under any form of Detention, and the UN Principles on Effective
Prevention and Investigation of Extra- legal and summary executions.14

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS(ICCPR):

India signed the ICCPR in the year 1978. In time of public emergency, the ICCPR foresees that
some rights may have to be suspended.
In an operation Bluebird, the militants also forced the villagers of Oinam to work them and
provided them with no compensation. They were forced to carry the armys rations and heavy
artilleries. This violates article 8 (3) of the ICCPR which prohibits forced labour.15

14 http://www.mightylaws.in/689/afspa-mockery-human-rights, 5 November, 2011.

15Article 8 of the International Convent on Civil and Political Rights.

20

INTERNATIONAL CUSTOMARY LAW:

the Un code of conduct for law enforcement officials, the UN Body of principles for protection of
all persons under any form of detention and the UN principles on effective prevention and
Investigation of Extra-legal and summary executions all form part of international customary law
because they were passed by UN General Assembly resolutions. They lend further strength to the
conclusion that the AFSPA violates basic human rights standards.16

INTERNATIONAL HUMANITARIAN LAW:

The four Geneva Conventions of 1949 along with the two optional protocols, constitute the body of
international humanitarian law. These provisions are suited to human rights protection in times of
armed conflict. Under these conventions the International Committee of the Red Cross (ICRC) is
given access to all international conflicts. In non-international armed conflicts, the ICRC can only
offer its services.17
The ICRC's mandate in the context of non-international armed struggle is based on Protocol II to
the Geneva Conventions. However, India has not signed either protocol to the Geneva Conventions.
Nevertheless, the ICRC can offer its services in such a conflict based on Article 3, paragraph 2,
common to the four Geneva Conventions of 1949 ("an impartial humanitarian body, such as the
International Committee of the Red Cross, may offer its services to the Parties to the conflict").
When the ICRC offers its services in such a situation, a state does not have to accept them, or

16 http://legislationline.org/topics/organisation/2/topic/12, 5 November, 2011.

17http://www.icrc.org/ihl.nsf/385ec082b509e76c41256739003e636d
6756482d86146898c125641e004aa3c5,5 November, 2011.

21

consider it an interference in its internal affairs. However, "in situations of internal disturbance, the
rules of international humanitarian law can only be invoked by analogy."

18

18 http://www.icrc.org/eng/assets/files/other/irrc_863_clapham.pdf, 5 November, 2011.

22

IMPUNITY TO THE ARMED FORCES

Under Section 6 of the Armed Forces Special Powers Act, No prosecution, suit or other legal
proceedings shall be instituted, except with the previous sanction of the Central Government against
any person in respect of anything done or purported to be done in exercise of powers conferred by
this Act.

This provision violates Indias treaty obligation under Article 2(3) of the ICCPR according to
which:

Each State Party to the present Covenant undertakes:

To ensure that any person whose rights or freedoms as herein recognized are violated shall have an
effective remedy, notwithstanding that the violation has been committed by persons acting in an
official capacity;
To ensure that any person claiming such a remedy shall have his right thereto determined by
competent judicial, administrative or legislative authorities, or by any other competent authority
provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
To ensure that the competent authorities shall enforce such remedies.
What is more worrying is the fact that Section 6 of the AFSPA has been overtaken by Section 197 of
the Criminal Procedure Code102 (Cr.P.C.) amended in 1991 to provide virtual impunity to the
armed forces. Impunity has been made a feature of normal criminal jurisprudence. In fact Section
23

197 of the Cr P.C. has made section 6 of the AFSPA redundant. If the Central government were to
give permission under section 197 of the Cr P.C., there is no reason as to why the same permission
will not be granted under Section 6 of the AFSPA. 19

The United Nations Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions
lucidly summarised the impunity and extra-judicial executions in her report to the 57th session of
the United Nations Commission on Human Rights:
Impunity for human rights offenders seriously undermines the rule of law, and also widens the gap
between those close to the power structures and others who are vulnerable to human rights abuses.
In this way, human rights violations are perpetuated or sometimes even encouraged, as perpetrators
feel that they are free to act in a climate of impunity. ....., extrajudicial killings and acts of murder
may sometimes also go unpunished because of the sex, religious belief, or ethnicity of the victim.
Long-standing discrimination and prejudice against such groups are often used as justification of
these crimes. The increasing difficulties in securing justice alienate the people from the State and
may drive them to take the law into their own hands, resulting in a further erosion of the justice
system and a vicious circle of violence and retaliation. If unaddressed, such situations may easily
degenerate into a state of anarchy and social disintegration. Human rights protection and respect for
the rule of law are central to lasting peace and stability. It is, therefore, crucial that conflict
prevention strategies and post-conflict peace-building efforts include effective measures to end the
culture of impunity and protect the rule of law.20

19 AFSPA

20www.kractivist.org/unhcr-rapporteur-calls-for-repeal-of-afspa-in-india/

24

While examining the third periodic report of the government of India, an expert of the United
Nations Human Rights Committee stated Article 6 of the Armed Forces (Special Powers) Act,
which prevented all legal proceedings against members of the armed forces, was extremely
worrying; if the Governments fear was that citizens would bring vexatious or frivolous actions, that
was a matter better left to the courts to resolve. It was inadmissible for citizens to be deprived of a
remedy as was at present the case.

In its Concluding Observations, the United Nations Human Rights Committee noted with concern
that criminal prosecutions or civil proceedings against members of the security and armed forces,
acting under special powers, may not be commenced without the sanction of the central
Government. This contributes to a climate of impunity and deprives people of remedies to which
they may be entitled in accordance with article 2, paragraph 3, of the Covenant.

There are adequate legal guarantees for preventing vexatious and frivolous actions. However, by
making it mandatory to seek prior permission of the Central government to initiate any legal
proceedings against the armed forces, the Executive has expressed its lack of faith in the judiciary
of the country.

Present Scenario of AFSPA

25

AFSPA which is in power since quite a while now, is on its crest in present situation with respect to
contentions. As it can not be overlooked that this demonstration acquired peace numerous zones and
was extremely useful for quite a while in all these exasperates ranges of North-East and in addition
Jammu and Kashmir and possibly it will be of same help in future however at this time the
conditions are a great deal in awful condition and as the general population living there and
enduring can just tell how their life has gone hopeless by this demonstration we can not disregard
those truths too. Open is absolutely against this go about as it is meddling in their lives and not just
that there are numerous remarks of AFSPA being in real life in light of political reasons and some
are stating that politic gatherings need risk and trepidation in brains of individuals with the goal that
they can administer for more period and for that military is the greatest help to them. In North-East
India and in addition Jammu and Kashmir where AFSPA are for the most part in real life and
regulations there are various passings, experiences, suicides and different damages to general
society against which people in general is revolting and that we can think about in the
accompanying examination.

26

CONCLUSION

As the current state of AFSPA is in an awful condition loaded with contentions and the
developments being keep running against this demonstration and the interest of an enormous
number of individuals to rescind the demonstration in light of the fact that it has made their lives
hopeless and in other sense estranged them as they can not feel it their own particular nation as no
nation's own particular armed force ruthlessly slaughter the honest or assault the ladies of the nation
it is exceptionally hard to say in regards to the fate of this demonstration yet at this moment the end
to this wickedness is not a single where to be seen mostly as a result of poltical complexities and
other wellbeing necessities the administration need to satisfy before canceling this demonstration
unexpectedly. The level headed discussions occurring in the entire nation with respect to the
requests for AFSPA contemplations are demonstrating no organic product yet and individuals living
in these north-eastern territories and additionally Jammu and Kashmir are still in dim and in no trust
of getting their future in light as the legislature by them doesn't is by all accounts their own
particular at this point. Despite the fact that there is weight being put on by UNO likewise for the
annulment of the demonstration and focal government is additionally worried about this matter yet
at the same time the suggestions and muddlings of evacuating such a vital demonstration, taking
into account the authentic help for the nation, for the security of ranges most inclined to terrorist
exercises and besides closer to the visitors furthermore the same demonstration that helped us a
great deal in prior times to ensure our nation it doesn't is by all accounts entirely workable for
atleast another some long years which may intensify the states of the individuals over yonder and
may estrange a greater amount of them which is not beneficial for a nation, becoming massively
27

and picking up notoriety in world on a substantial scale, similar to India. Everything we need now is
to see the welfare of the populace of our nation at this time and no political reasons and interest the
annulment of this demonstration. In any case, at last what's to come is not in our grasp and we can
dare to dream for the best in future and there is just trust at this moment as no surety or insurance is
being given by the administration to the eventual fate of this demonstration and the individuals.

28

BIBLIOGRAPHY

CASES :
1. Naga Peoples Movement for Human Rights v. Union of India
2. Vishaka et al. v. State of Rajasthan et al.
CONSTITUTIONAL PROVISIONS :
1. Article 21,Constitution of India 1950
2. Article 14,Constitution of India 1950
3. Article 22,Constitution of India 1950
4. Article 32(1),Constitution of India 1950
5. Article 355,Constitution of India 1950

BOOKS :
1. DD Basu, Commentary on the Constitution of India.
WEBLINKS :
1. http://legislationline.org/topics/organisation/2/topic/12, 5 November, 2011.
2. www.kractivist.org/unhcr-rapporteur-calls-for-repeal-of-afspa-in-india/
3. http://www.icrc.org/eng/assets/files/other/irrc_863_clapham.pdf, 5 November, 2011.
4. http://www.icrc.org/ihl.nsf/385ec082b509e76c41256739003e636d
6756482d86146898c125641e004aa3c5,5 November, 2011.
5. http://www.mightylaws.in/689/afspa-mockery-human-rights, 5 November, 2011.
6. http://www.vijbooks.com/uploads/images/products/pdf/795532090L1Mil
%20Law_Sample%20For%20Web.pdf, 5 November, 2011.
7. http://ejp.icj.org/IMG/Babloo_Loitongbam.pdf
8. www.studentsappeal.com
9. www.thehistorywriters.net

29