EMN
Dimapur, July 12
Eastern Naga Students’ Federation (ENSF), while condemning the declaration of the entire Nagaland under ‘disturbed’ area, has termed AFSPA as ‘tool of state abuse, oppression and discrimination’ saying it is nothing but the provision for immunity of security forces that empower them to act more brutal and ruthless.
The Federation has out rightly condemned the gazette Notification of the Home Ministry in which the Central government on July 8 had declared the entire Nagaland as “disturbed” whereby in exercising the power conferred upon under Section 3 of the Arm Forces (Special Powers) Act of 1958.In a joint press statement, the Federation has general secretary, Honang M Jessuhu, and the vice president, Z Throngshe Yim have questioned the validity of the ‘Indian democracy’ whereby the fundamental rights guaranteed to its citizen under the constitution of Indian is being muted off by such draconian act (AFSPA). It said the act stands in total contradiction to those gems that are being envisaged in the Preamble such liberty, equality, fraternity and justice for its citizen.
Stating that during colonial-era, the British government had imposed the Armed Forces Special Powers Act/Ordinances in the year 1942 during the Quit India Movement upon its non permanent citizen (i.e. Indians), the Federation said such draconian ordinance was only imposed upon its non permanent citizens or upon its conquest citizen or subjects. It, therefore, said imposition of such ordinances concerning the internal security was no doubt a direct tagged upon the Nagas as the second class citizen within an Indian Union. The Federation also failed to understand the GOI’s logic behind such ordinances even after a decade old peace talks with the NPGs, stating its sincerity was highly questionable and condemnable.
The Federation said Government of India (GOI) should reason out why AFSPA was never accepted under any international law as it was a direct violation of human rights. It said the GOI second periodic report submitted to the United Nation Human Rights Committee in 1991 was internationally condemned and its validity and constitutionality of AFSPA under Indian Law was also highly questioned. It said India had failed to justify AFSPA in the light of Article 4 of the International Covenant on civil and political Rights (ICCPR).
It said on March 23, 2009, the UN Commissioner for Human Rights, Navenethem Pillay, had asked India to repeal the AFSPA terming the law (AFSPA) as “outdated and colonial-era law that breach contemporary International human rights standard.” Again on March 31, 2012, the UN had asked India to revoke AFSPA saying it had no place in Indian democracy. The UN Special Rapporteur on Extrajudicial, Summery or Arbitrary Executions, Christof Heyns, had also termed AFSPA as “Hated & Draconian” where it clearly violates international law.
The Federation has appealed the GOI to refrain from replicating the colonial policy of ‘divide and rule’ which is being followed by enforcing the so called “Hot pursuit” within its territory. It said GOI should immediately abstain from unleashing the infliction caused during its pre colonial-era upon the Nagas today.
The first imposition of AFSPA upon the Nagas was aftermath the plebiscite of 1951 and the subsequent boycott of 1952 general election. However, it had failed to curb the spirit of the movement till today.
The Federation also failed to understand the logic of the GOI in declaring the entire Nagaland as ‘disturbed’ even after its cross border raid in Myanmar, dismantling all hideouts and killing 100s of NSCN-K whereby securing the nation from a treat.
The Federation has further questioned the logic on the present development aftermath the clashes between the Indian and NSCN (K) soldiers and directly leading to the declaration of the entire Nagaland as ‘disturbed’ whereby granting extra powers of brutality to be directly inflicted upon the innocent public. Stating that the present development has its geneses that had adulterated under MHA, it said the GOI should strive in restoring normalcy immediately failing which, India as a nation, could be tagged as a ‘failed nation’ in delivering justice and peace to its citizens.
In this regard, ENSF has appealed the GOI to revoke the declaration of the entire Nagaland as ‘disturbed’ so as to facilitate India as the emerging super power in the world by delivering peace.
