Hopeful end to AFSPA

 Nagaland, as erstwhile Naga Hills and later Naga Hill Tuensang Area (NHTA) has brutalised for 73 years since 1948 through draconian laws with which it was governed. After Nagas then began their political movement since 1926 and under the NNC, being compelled to announce independence on August 14,1947 New Delhi imposed the Assam Maintenance of Public Order Act 1947 on June 15,1948. This Act was quite similar to the controversial Armed Forces(Special Powers)Act 1958 but while it only empowered police to act but not to the point of causing death, the latter provided unbridled powers to the armed forces to search, shoot and kill and at the same time insulated from being held accountable for crimes committed while operating under it(AFSPA). The AFSPA was then imposed in Naga Hills Tuensang Area(Nagaland) since its inception in 1958 under which thousands of were killed, maimed and raped after the might of armed police battalions from other states and paramilitary forces were unleashed on the unarmed civilians. Most states where the AFSPA was imposed during 70s are either free of it or partially applicable. AFSPA was totally withdrawn from Mizoram in 1997, Tripura in 2015 and Meghalaya in 2018 respectively. AFSPA is partial in Arunachal Pradesh and in force only in Tirap, Changlang and Longding districts and some police stations under Namsai district bordering Assam. Manipur extended the ‘Disturbed Area’ status to the entire state, barring the Imphal municipal areas, for a period of one year from December 1,2020. AFSPA under the title Armed Forces(Jammu & Kashmir) Special Powers Act 1990 was promulgated throughout the state in September 1990. Nagaland is therefore, the state having the longest duration of AFSPA. Ironically, it was the Oting massacre on December 4,2021 where 13 were massacred by the 21 Paras and another killed during violent protest in Mon the next day by Assam Rifles, that has led to the AFSPA being put on the dock. After the one-session of the 13th Nagaland Legislative Assembly on December 20 unanimously resolved to urge upon the government of India to repeal Armed Forces (Special Powers)Act 1958 against the backdrop of the December 4 Oting massacre, the Centre responded by instituting a 5-member committee to look into repeal of AFSPA in Nagaland. The development came close on the heels of massive protests within Nagaland and other north eastern states against AFSPA and the unanimous resolution at the one-day session of the 13th NLA could not be ignored by the Centre. Responding to all the outrage as well as demands against the Oting massacre as well as the AFSPA, union home minister Amit Shah convened a meeting on December 23 with Nagaland chief minister Neiphiu Rio, Assam chief minister Himanta Biswa Sarma including deputy chief minister Y.Patton and NPF legislature party leader T.R.Zeliang. The State government had always objected to the extension of AFSPA in Nagaland as and when the Union government sought the State’s opinion before declaring the entire state as a ‘disturbed area’, but the law is extended every year and now it has become a routine exercise. There are several states where law and order is worse than in the north east especially Naxal infested regions but the Centre never even thinks of using laws such as AFSPA. However, such laws have no place in a civilised democracy where the rule of law cannot be enforced through bayonets and bullets. It has taken 73 years and after 14 were martyred that Nagaland could see the back of AFSPA.