AFSPA has always been a big issue for the Human Right activist . They
claimed that it violates the human right and fundamental right of individual
and Recently Congress leader Sarfarad shoj says that As the name of judicial
immunity Our Army torches the Kashmir. In this Article we will check the
validity of AFSPA and its misuses.
AFSPA stand for the Armed Forces special power Act . It is implemented by the
Congress government through the Armed Forces special power Act 1958 . In first
time It was implemented in the seven north east states like Manipur, Arunachal
Pradesh, Nagaland, Assam etc. In Jammu & Kashmir It was implemented in the 1990
. In we explain about AFSPA in simple word than AFSPA is such type of ACT who
gives the judicial immunity to the Armed forces. For example If any soldier
shot any innocent person on this suspicion that he may be terrorist than
victim family can not move Supreme Court and High Court for the protection of
fundamental Right of that person . NO Judicial proceeding can initiated
without the consent of ministry of Home Affairs.
Now I would likely to give some of the reason why it should be amended.
According to our judicial system, A accused is presumed to innocent until
allegation proves but According to section 4 of Armed forces special Power ACT
Any Armed forces personnel can shoot to kill in case of the commission or
suspicion of the commission of offences and It is also contrary to the Article
21 which talk about the Right to life and personal liberty.
In simple words This Act give absolute power to kill any person.
In a several times, these allegation has been alleges by the human right
activist that As the name of judicial immunity , our soldiers are killing the
innocent Muslim which can not be tolerated in democracy country like India Monorma
Devi rape case is a best example of this contest . In that case Solider of
Assam. Rifles raped with the 28 years Manipuri girls Manorma and In December
2014 In a case filed at Supreme Court the Supreme Court told to government to
pay a compensation of Rs 10 lakhs to Manorma family but court could not spell
any judgement against culprit for awarding punishment . Which is very shameful
how can we measure the dignity of the women with some laks rupees . Right to
live with dignity is a fundamental right of every individual.
And In another case ten civilian were shot by the Assam. Rifles Solider at bus
stand of Manipur state Against this Act Iroma. Sharmila has been sit on a
hunger strike till 2016 but in 2016 she could end her fast on a August 2016 but
She could not be win . Justice jeevan Reddy committee has also recommended for
the abolishment of this cruel Act.
In the conclusion I would likely to says that Supreme Court should be
interfere in this matter because he is a custodian guardian of fundamental
Rights and According to the power of judicial Review ( Article 13) he has power
to declare any Act as a unconstitutional if that Act violates the fundamental
right of individul . It is not only against the fundamental right of
constitution but also it is against the universal declaration of Human Right
and our parliament should made a changes in this Act because we can. Not give
a licences to solder for committing a rape and murder of innocent people.