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The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to ‘arrest’ without warrant, ‘destroy property’ and ‘shoot to kill’, besides providing them with complete immunity. The loud and continuous clamour against the Act has drawn the attention of various international organizations. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has recently called for the repeal of the law, stating: “AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped.” On the other hand, the armed forces hold that the AFSPA is necessary for tackling the growing menace of militancy and protecting their men from the unnecessary harassment caused by litigation. General V K Singh, the former chief of army staff and now a cabinet minister, has emphasized that the AFSPA is a ‘functional requirement’ of the armed forces. This is the first book in India not only to attempt a complete analysis of the various provisions of the AFSPA, but also to provide an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated, and at the same time, argues that it is equally important to safeguard the human rights of the members of the armed forces. In order to help find an amicable solution, the author makes a few recommendations for the consideration of the government and armed forces.
This Representation Provides An Analysis Of The Illegality Of The Provisions Of The Armed Forces Special Powers Act, 1958 (Afspa) And The Abuse Of These Provisions. It Also Contains Documents On National, Regional And International Human Rights Standards To Ensure That The Amended Provisions Of The Afspa Are In Consonance With The Obligations Of The Government Towards Protection Of Human Rights. As Manipur Has Been The Epicentre Of The Movement Against The Afspa, The Case Studies Are Mainly From Manipur. Like New.
This book will help to enhance the understanding of the legal position of the armed forces, which is of paramount importance today due to the blurring of the lines between national security, anti-insurgency operations and law enforcement.
This collection of essays discusses the less well-known aspects and areas of Kashmir on the seventieth anniversary of Indian independence.
In the first decade of the twenty-first century autonomy has become one of the major concerns of our social and political existence. The right to autonomous life is now a political, cultural and social call of both the individual and group. The present volume is a critical attempt to understand autonomy from both historical and analytical perspectives. Autonomy, in this collective reading, emerges as deeply rooted in social practices and contentious politics.
Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.
The twelfth volume in the series India’s National Security: Annual Review offers a detailed analysis of India’s complex security environment: persistence of major threats, alongside a constructive engagement with major powers based on its economic growth, military power and political stability. Topping the list of India’s external security concerns is China’s veiled hostility, manifest in its strategic nexus with Pakistan, incursions into India’s borders and enhanced military deployment in India’s immediate neighbourhood. Added to these are the intractable boundary dispute and uncertain implications of the recent leadership change in China. India, nevertheless, is attempting to cope with China’s pressures by engaging with it at a diplomatic level and improving its own defence capability. Pakistan remains another major threat, because of its refusal to take action against militants responsible for the 2008 Mumbai terror attacks, its efforts at expanding its nuclear arsenal, and the increasing sway of right-wing elements on its society, politics and security forces. India further faces the challenges of facilitating Nepal’s difficult transition to democracy, safeguarding its strategic interests in Afghanistan, stabilising Maldives’ fledgling democracy, and tackling ethnic insurgencies along its borders with Myanmar. On the other hand, there are positives like India’s strategic partnerships with Russia, US, France, Britain, Germany, and Japan, as well as a flowering relationship with Bangladesh. India’s internal security situation is less alarming, with progress in talks with some North-Eastern insurgent outfits; a sharp fall in casualties due to left-wing extremism (LWE); and a gradual reduction in terrorist-related incidents in Kashmir. But sporadic cross-border infiltrations in Kashmir and spread of LWE to urban areas still pose challenges. Addressing such and other issues, this book will be indispensable for policymakers and governmental organisations; those in defence and strategic sectors; and students of defence studies, foreign policy, international relations, and political science.