India's central firearms law is the 1959 Arms Act. To limit guns and ammunition
use and proliferation, the act was passed. The act governs arms sales and
possession without a licence. Two factors tie the act to the legal framework
chapter. First, it bans criminals and mentally ill people from owning guns. This
is crucial to the chapter because it keeps dangerous people from getting guns.
Second, it controls arms sales. This is pertinent to the chapter because it
prevents illegal arms sales and transfers[1].
India's criminal code, the IPC, is comprehensive. The legal foundation chapter
references several IPC provisions.
- Section 121: Waging war against the Government of India. This clause
criminalises waging war against the Indian government, attempting to do so, or
aiding it.
- Section 302: Murderers are executed under this section.
- Section 307: Attempted murder. For attempting murder, this clause mandates life imprisonment or ten years in jail and a fine.
- Section 326: Wilfully causing grave harm. For voluntarily causing grievous harm using dangerous weapons or means, this clause provides life in prison or ten years and a fine.
- Section 349: This provision criminalizes forcing a lady to have sexual relations with him.
- Section 354: Assault or criminal force to women to insult modesty. This provision criminalizes assaulting a lady to affront her modesty.
- Section 376: Sexual assault is punishable by death or life imprisonment.
- Section 509: Insults to women's modesty. It's illegal to disrespect a woman's modesty under this provision.
- Section 153A: Promoting hostility between groups based on religion, race, place of birth, domicile, language, etc., and activities harmful to harmony. This clause makes it a felony to incite animosity between groups based on religion, race, place of birth, domicile, language, etc., and to act against harmony.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was
created to prevent atrocities against them. The statute defines several
Scheduled Caste and Scheduled Tribe abuses and prescribes harsh sanctions for
them[2]. The legal framework chapter covers the act since it protects Scheduled
Castes and Scheduled Tribes from discrimination and violence. The act also
provides a framework for investigating and prosecuting Scheduled Caste and
Scheduled Tribe atrocities.
Human Rights Violations in Manipur:
India's worst human rights crimes include extrajudicial murders and armed
conflict. A government agency or their consent kills a person without a fair
trial in an extrajudicial killing. Armed conflict is violence between organised
armed organisations. Governments utilise extrajudicial killings to stifle
dissent or target threats. They can terrify and terrorise populations. Wartime
extrajudicial executions are common.
They can target people and combatants.
Extrajudicial killings and armed warfare violate the right to life, due process,
equality, non-discrimination, dignity, and safety. In India, extrajudicial
killings and armed conflict disproportionately affect minorities, indigenous
peoples, and women. Minorities include Muslims, Christians, and Dalits. India
must protect its population against extrajudicial killings and armed warfare.
However, the government often fails. The government is accused of extrajudicial
killings. The Indian government can address extrajudicial killings and armed
conflict in several ways. The government must punish extrajudicial executions
and armed conflict offenders.
This will demonstrate that these atrocities are
unacceptable[3]. To hold security forces accountable, the government must reform
them. This includes training and legalising security troops.
Addressing conflict
causes: Poverty, inequality, and discrimination must be addressed by the
government. This reduces extrajudicial killings and armed conflict. The Indian
government must urgently confront extrajudicial killings and armed conflict.
Stop these egregious human rights violations.
Human Rights Guidelines and Applicability in Manipur
The 1948 UN General Assembly adopted the non-binding Universal Declaration of
Human Rights (UDHR). It lists several universal human rights. Although
non-binding, the UDHR has shaped international law and human rights. The 1966 UN
International Covenant on Civil and Political Rights (ICCPR) is binding. It
protects life, free speech, and a fair trial.
Ratified states must follow the ICCPR. The 1979 UN Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) is binding. It outlaws gender discrimination in political,
economic, social, and cultural arenas. CEDAW binds ratifying states.
These
international human rights instruments protect Manipur's often-violated rights.
The UDHR, ICCPR, and CEDAW guarantee life. Manipur has had several extrajudicial
killings recently. The ICCPR also protects free speech. However, Manipur has
jailed journalists and human rights activists for exercising their right to free
speech[4]. Human rights in Manipur are protected by several fundamental rights
in the Indian Constitution. Article 21 of the Constitution protects life and
liberty.
In Manipur, security personnel have killed citizens extrajudicially.
Constitutional Article 14 ensures equality. Manipur has often violated this
right, especially by discriminating against women and indigenous peoples.
Article 15 of the Constitution bans religious, racial, caste, sex, and
birthplace discrimination.
Manipur has violated this right in several ways,
including discrimination against women and indigenous peoples. The Indian
government must uphold human rights. In Manipur, the government often fails.
Extrajudicial killings, torture, and arbitrary incarceration have occurred in
Manipur recently. The government must act immediately to stop these human rights
abuses and protect Manipur's citizens[5].
Initiatives and Remedies:
The Manipur government has made several steps to reduce gun conflict. The Armed
Forces (Special capabilities) Act (AFSPA), passed in 1958, gives the Indian
military special capabilities to combat armed violence in Manipur and other
places. The Indian government and the National Socialist Council of
Nagaland-Isak Muivah (NSCN-IM) signed the Manipur Peace Accord in 2017. The deal
seeks to end the war in Manipur and address its causes. Manipur Human Rights
Commission Established in 1999 to investigate human rights breaches in the
state.
The commission has criticised the government's Manipur war strategy.
Manipur's civil society has promoted human rights. These organisations monitored
human rights, advocated, and provided legal aid. Human Rights Alert, based in
Manipur, promotes human rights and protects victims of human rights violations.
Lawyers' Collective, a national organisation, provides legal aid to victims.
Manipur's branch helps victims of armed violence.
HRW: Northeast India Human
Rights Watch North East India promotes human rights.
The Manipur branch monitors
human rights breaches. Manipur's judiciary has addressed human rights
violations. The courts have held the government accountable for human rights
violations and released illegally detained detainees. The judiciary has often
been criticised for its tardy response to human rights violations. Manipur's
human rights issues are complicated. The violent war in Manipur has fostered
impunity for human rights violators. The government has been secretive about the
Manipur armed conflict.
This makes government accountability for human rights
crimes difficult. Manipur's human rights victims struggle to get justice. The
lack of legal aid, high litigation costs, and sluggish judicial process
contribute to this[6]. Manipur's human rights issues have several answers.
Ending the violent conflict and promoting openness are two ways to address human
rights breaches.
This would build credibility. Human rights victims need more
legal aid from the government. The government and civic society must work
together to address armed violence and human rights violations in Manipur. Only
by working together can they achieve a peaceful and just Manipur for all.
Conclusion
The Manipur study on armed violence and human rights violations shows a complex
terrain impacted by legislative frameworks, societal dynamics, and human rights
principles. The study highlights major findings and suggests solutions to
Manipur's problems. Stakeholder-driven armed violence has caused human rights
abuses, particularly extrajudicial murders that undermine justice and due
process.
Discrimination against Scheduled Castes and Scheduled Tribes
intensifies the problem, violates equity, and perpetuates marginalisation.
Gender-based violence erodes women's dignity and security. The legislative
framework, particularly the Arms Act and related IPC sections, addresses
violence, but Manipur-specific difficulties inhibit its implementation. Better
implementation of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act could combat discrimination.
The UDHR, ICCPR, CEDAW, and India's
Constitution with its fundamental rights provide guidance. These mechanisms
could improve human rights in Manipur. Government policies, civil society
lobbying, and judicial accountability are solutions. To end violence and rights
breaches, all sectors must work together.
References:
- Rojesh, S (2023) Armed Conflict in Manipur. In Migration, Regional Autonomy, and Conflicts in Eastern South Asia: Searching for a Home (land) (pp. 165-200). Cham: Springer Nature Switzerland.
- Mahanta, U. (2018). Recognising the rights of conflict widows: Insights from Manipur, India. In Routledge Handbook of Human Rights in Asia (pp. 197-211). Routledge.
- Hedström, J. (2022). Militarized social reproduction: women's labour and parastate armed conflict. Critical Military Studies, 8(1), 58-76.
- Rana, S. (2011). Women and Armed Conflict: Specific Reference to Manipur, India. In Exploring Violence in Families and Societies (pp. 105-112). Brill.
- Chauhan, K. (2022). Human Rights Diminished with Delayed Justice. Issue 4 Int'l JL Mgmt. & Human., 5, 1668.
- GADWAL, A. (2021). Human Rights Of The Minorities. Lulu Publication.
End-Notes:
- Rojesh, S (2023) Armed Conflict in Manipur. In Migration, Regional Autonomy, and Conflicts in Eastern South Asia: Searching for a Home (land) (pp. 165-200). Cham: Springer Nature Switzerland.
- Mahanta, U. (2018) recognising the rights of conflict widows: Insights from Manipur, India. In Routledge Handbook of Human Rights in Asia (pp. 197-211) Routledge
- Hedström, J. (2022). Militarized social reproduction: women's labor and parastate armed conflict. Critical Military Studies, 8(1), 58-76
- Rana, S. (2011) Women and Armed Conflict: Specific Reference to Manipur, India. In Exploring Violence in Families and Societies (pp. 105-112) Brill
- Chauhan, K. (2022). Human Rights Diminished with Delayed Justice. Issue 4 Int'l JL Mgmt. & Human., 5, 1668
- GADWAL, A. (2021). Human Rights of the Minorities Lulu Publication.
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