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Armed Violence And Human Rights In Manipur

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:
  1. 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.
  2. 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
  3. Hedström, J. (2022). Militarized social reproduction: women's labor and parastate armed conflict. Critical Military Studies, 8(1), 58-76
  4. Rana, S. (2011) Women and Armed Conflict: Specific Reference to Manipur, India. In Exploring Violence in Families and Societies (pp. 105-112) Brill
  5. Chauhan, K. (2022). Human Rights Diminished with Delayed Justice. Issue 4 Int'l JL Mgmt. & Human., 5, 1668
  6. GADWAL, A. (2021). Human Rights of the Minorities Lulu Publication.

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