The same recommendation to repeal AFSPA was also made by United Nations Committee on the
Elimination of Racial Discrimination in February 2007.
The Indian Military has ignored all these recommendation by saying that this act is necessary to maintain
peace and harmony in such disputed area and overriding the powers mentioned in AFSPA will lead to
internal disputes as well as external disputes. It is being argued by Lt General Arvind Sharma that if
AFSPA is repealed then army will not be able to work in insurgency situations.
However this doesn’t mean that government has the right to take away the Fundamental Right of Right to
life of citizen of disputed area in an intentional or unlawful way. It doesn’t mean that state can violate the
human rights of any individual guaranteed under by the constitution of India. But by introducing AFSPA,
the government has violated fundamental rights of the people of eight states. Instead of maintaining
peace in the states this has created conflicts in these states by arbitrary killing, cruelty, inhuman and
d e g r a d e d
treatment of the
armed forces.
I am not in favor
of totally repealing
this act because
that will lead to
various problems
like increase in the
terror
and
insurgency attacks.
If this act is
removed, the army
will lose its control
over the states and
because of which
i n f i l t ra t i o n f r o m
Pakistan and China
will going to rise.
So
total
repealment in not
the
solution
instead of that the government may reduce the powers of military men mentioned in this act. Instead of
killing someone just on the basis of suspicion, they can arrest him and investigate against him. Legal
proceeding should be done if a soldier commits any fake encounter. If government is declaring a particular
area as ‘disturbed’ then the courts must have a say on that. A boundary should be made to restrict the
soldiers because complete independence had led to military rule in these states. A boundary that will
refrain the soldiers from committing any crime.
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