End ‘constitutional paradox’ of AFSPA in Nagaland, says Global Naga Forum

DIMAPUR — The Global Naga Forum (GNF) has lauded the government of Nagaland for its effort towards seeking justice for the victims of the tragic Oting massacre, while stressing that this crucial step is long overdue.

In a statement released on Thursday, the GNF said that the incident was a stark reminder of the urgent need for constitutional reforms and respect for human rights within the “Naga homeland”.

Condemning the Oting massacre, the forum termed it as a violation of the Indian Constitution’s most fundamental guarantees, particularly the right to life and equality before law. It argued that the incident raises critical questions about India's federal structure and the autonomy afforded to states in matters of law and order.

Criticising the continued imposition of the Armed Forces (Special Powers) Act (AFSPA) in Nagaland, the GNF termed it a “constitutional paradox” that stands in direct conflict with India's legal commitments.

The GNF argued that the Act, rather than genuinely addressing security concerns, has been used to justify numerous human rights violations. “We question who truly benefits from AFSPA's continuance and who bears its brutal costs,” the statement read.

Furthermore, the forum pointed to a “legal paradox” within the Indian government's stance on indigenous rights. It cited Supreme Court judgments that appear to recognise the indigenous status of adivasis and tribes, contrasting them with the government’s continued refusal to officially recognise indigenous peoples.

Highlighting the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) as a vital framework for protecting indigenous rights, it said that Articles 3, 4, and 5, which emphasise self-determination and autonomy, are particularly relevant to the Naga context.

The forum emphasised that the Oting case reflects a broader pattern of delayed justice, reminiscent of the Wuzu and Oinam killings, and erodes faith in the Indian judicial system.

While acknowledging Nagaland's decision to file a writ petition with the Supreme Court as a step towards asserting its autonomy in seeking justice, the GNF reminded India of its obligations under international human rights treaties. The handling of the Oting case will be a litmus test of India's commitment to these standards, it said.

“This pursuit of justice must be viewed within the larger context of the Naga political question. It reinforces the urgent need for a just and lasting solution that respects Naga rights, identity, and aspirations,” it added.

To this end, the GNF demanded immediate and concrete action from the Indian government: expediting the Oting massacre case to ensure swift justice; the immediate and unconditional repeal of AFSPA; and acknowledging the Nagas as an indigenous community.