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Bangladesh’s response to right to education in Covid-19

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Image credit: Shehab Uddin/World Bank

Covid-19 pandemic, being the ‘new normal’ we have to live with, has brought to a fruition that we have no other way around but to cope ourselves, and our state apparatus with it. The educational sector is no exception to that as states around the world are in search for a viable solution to deliver education to their students amidst the contagion of corona virus. Thus far, the task has been a tough one, especially for the countries like Bangladesh that lack an infrastructure capable of adopting the new normal.

Right to Education in Bangladesh and its International Obligation

Conjecture based conclusion about Bangladesh’s education policy amidst covid-19 is easy to reach. But it takes a deeper look into the matter to make the best judgment of a situation.  Bangladesh, with its limited resources, is pragmatically dealing with the Covid-19 crisis. However, based on some misleading headlines, one of the commentators gave a posture that long before easing the lockdown, the Government had already decided to lock the education sector down until September without even considering the probable prospective situations. To rejoin, these remarks flew from a partial consideration of the news that they referred to and raises a doubt as to if they had read the entire news. As far as the news goes, it states very clearly,Prime Minister Sheikh Hasina today said all educational institutions will remain closed till September if situation caused by the coronavirus outbreak does not improve.”   

The implications are crystal clear and leave no scope to argue that the decision was made with the assumption that educational institutions are a second priority, or that it would not be re-opened gradually considering the demands of the situation. Moreover, Further news suggests that following the situation, Govt decided to keep the educational institutions closed till august 6.Hence, the posture is a farce on its face, and being based on too tenuous a fact to assume anything, loses its glare at the very first instance.

As far as international obligations are concern, Bangladesh, a state party to the ICESCR, has an obligation to ‘respect, protect and fulfil’ human rights. The obligation to fulfil requires States, when an individual or group is unable, to realize the right themselves by the available means at their disposal. At the same time, the Constitution of Bangladesh, in its Part II, made ESC rights judicially unenforceable. Said that, it should also be remembered that  Bangladesh, being not a signatory to the Optional Protocol to the ICESCR, the instrument that closed the gap between civil and political rights and ESC rights, all that the existence of such an optional protocol means for it is that there is a complementary understanding of such international obligations. Therefore, it could be assumed that the obligations under that treaty are quite soft in comparison to countries which are signatory to that.

Compliance with the right to Education during Covid-19

In deciding if existing educational policies of Bangladesh are in compliance with its international obligations during the Covid-19 time, it should be kept in mind that the measures taken to address Covid-19 are temporary measures and they are not here to stay for eternity. But if the query involves the issue of accessibility, recent history of the development of the education sector in Bangladesh deserves some sole discussions. With regard to the literacy, Bangladesh, being the youngest nation of the South Asia has outdone many of its neighbors with a 73.91% literacy rate. To reckon, the literacy rate jumped from 46.46% to a staggering 74% in just last eleven years, inconsiderate of which, any jumping on to the conclusion that the existing policies are not in compliance to bridge the gap with Bangladesh’s international obligations would be as crippling as it could be.

ICESCR puts an unconditional obligation upon states to make primary education compulsory and free to all. The components of this ‘right to education’ as envisaged by the ICESCR committee consists of accessibility, availability, acceptability and adaptability. It also cues state parties to agree that their education policies shall be directed towards the aims and objectives identified in CRC.As to the questions put as to accessibility, it is submitted that Bangladesh opted to provide education to its primary and secondary level students via a state run television channel. The Government has not assigned any other private TV channels considering that they require extra subscription. Whereas both in the cities and villages all households having a television have access to the state-run television channel. Conversely in many regions of India, the state government chose to broadcast lessons through private network. Bangladesh’s initiative to dedicate an entire state-run TV channel for the educational purpose is therefore a thing to brag about.

Wary about the numbers of children benefitting from the pre-recorded broadcast due to unavailability of television is a serious concern for the country to deal with. Getting a complete data about the current situation is quite next to impossible. UNICEF conducted a survey which opines that 50.6% of the household owned a TV set in 2019. Interestingly, an eight years old,2012’s survey by UNICEF provides quite the same picture. Now, coming to the Govt’s data, According to the Bangladesh Bureau of Statistics, 22.9% of Bangladeshi households would hold a TV in Bangladesh back in 2004. The same percentage got almost doubled and reached to 44.44% in 2014, just in ten years. If we consider this growth rate with the rapid GDP growth rate of Bangladesh, the percentage of households having a television set should be around 70% in 2020, which is a staggering amount considering the unique and complex joint family system of this country. So, due to joint family framework of life, repeated telecast of the broadcast and the pre-recorded lessons being regularly uploaded in a Government initiated YouTube Channel, the percentages of benefitted students would be much higher than the percentages of households having a television set.

During the covid-19 time, providing physical access to education as proposed by many would not be a feasible policy to fit in a country which is best known for its four-figure population density. Even the World Health Organization (WHO) recommended that school closure can reduce the infection rate by 30-50% at the peak of an epidemic, considering which as of 11 June 2020, 129 countries in the world have declared country wide closure of educational institutions. In these circumstances, stretching an ad nauseam debate on the same would only fuel a ‘right to life’ vs. ‘right to education’ conflict.

Domestic Enforcement of right to education in Bangladesh & Separation of Power concerns

It cannot be denied as a fact that having compartmentalized the human rights, there is no scope to enforce the ESC rights in Bangladesh. The latest innovative instrument that the judiciary introduced here is ‘Negative Enforcement’ (vide, 39 CLC (AD) (2017)). On this issue, the Govt is acting  completely within its constitutional obligations, for it has not yet interfered into the decision of the non-government schools, private and some public universities to conduct classes.

True that Bangladesh as a country lacks enough resources to judicially enforce ESC rights, but to reiterate, that is what its constitution envisages. Judges being selected are no people’s representative to enforce Fundamental Principles of State Policy (FPSP), or to decide which ESC right should be given primacy (vide excerpts of the debate of constitutional assembly of Bangladesh in  69 DLR(AD) (2017) 63). Like most of the modern democracies out there, under its constitutional model, it is upon the legislators to decide on policy matters or policy hierarchy. Judges wielding their pen over legislators with regard to matters like FPSP is nothing but an encroachment of the concept of ‘separation of powers’, and alien to its existing Constitutional philosophy.

‘Less Government expenditure on education’ argument is surely a timely one, yet it should also be reminded that allocation to the education in 2019 was the largest allocation ever made to the education sector, and comparatively less expenditure on the education sector is mostly because of the government’s aim to fill up the infrastructure deficits accumulated before its coming into power. Still, the argument is cogent enough to deserve a glance of everyone, including the government officials.

Concluding Remarks and Ways Ahead

‘Necessity is the mother of invention’, and currently, every country is looking for innovations that best suit the unprecedented necessities. Governments are trying to find innovative ways so that education reaches to students in every corner of the country.. The priority is to implement the measures with highest potentials and restrict the system loss to the minimum. But a concrete solution to an evolving situation bears repercussions of its own. In Sierra Leone, during the Ebola outbreak, education programs were broadcast over the radio with listeners able to call in with questions at the end of each session. As per the peculiarity of a society, even an old-fashioned, almost abandoned technology named ‘radio’ could be a game changer for its cheap price, wide coverage and availability as already used by Kenya during Covid-19 crisis. In addition to the methods in place, Bangladeshi Government may adopt and consider similar policies with high potential and sheer limitations that best suit the interest of the future generations.

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South Asia

The Taliban-Afghanistan Dilemmas

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Source: Twitter

The Blitzkrieg winning back of Afghanistan by the Taliban with the concomitant US pullout established Taliban 2.0 in Kabul. But this has created a number of dilemmas for the stakeholding states. The latter include Afghanistan’s immediate neighbours, viz. Iran in the west, Turkmenistan, Uzbekistan and Tajikistan in the north, China in the northeast and Pakistan to the east. Russia is also affected since it considers former Central Asian Soviet republics like Tajikistan and Uzbekistan as its backyard and since Moscow has its own share of extremist-secessionist problems in Chechnya. It is also worried about Islamic fundamentalism spreading to its Muslim population concentrated around its major cities and the Caucasus.

The dilemmas are as follows:

I. If the US-led withholding of economic aid and international recognition continues in essence, then conditions– as it is they are bad enough in Afghanistan—will further deteriorate. This will lead to greater hunger, unemployment and all-round economic deprivation of the masses. Such dystopia will generate more refugees in droves as well as terrorists who will spill out to seek greener pastures beyond the country’s borders.

Such condition will in turn mean a life-threatening headache for not only Afghanistan’s immediate neighbours like Iran, Turkmenistan, Uzbekistan, Tajikistan, China and Pakistan but also for more distant lands. The liberal democracies of Europe. Germany, France, Italy, the UK and others have already had their share of refugees—and terrorists—when waves from an unsettled Syria hit them way back in 2015. Chancellor Angela Merkel even decided to act magnanimously and opened Germany’s doors to a million fleeing the civil war in Syria. Such acceptance of refugees from Asia and Africa in Europe, however, boosted right-wing parties like the Alternative for Germany (AfD) and other movements throughout that continent. As a result the easy cross-border movements within the European Union came to be partly restricted in order to keep unwanted refugees out. Calls went out for hardening the external borders of the EU against more refugee invasion. The EU also made arrangements with Turkey to absorb and manage the refugee onrush in exchange for fat amounts of the Euro.

The prospects of a second such wave of refugees desperate not only to escape the clutches of the medieval Taliban but to find a promising future and remarkably better living conditions in the advanced lands of Europe are giving nightmares to the governments of the latter countries.

There seems to be a growing consensus among many in the international community that not only purely humanitarian but also larger economic aid to the Taliban-run Afghanistan should be extended—and without delay, if only to keep a lid on refugees—and terrorists—spilling across the borders. Islamabad apparently scored a remarkable ‘victory’ over New Delhi when its protégé Taliban replaced the pro-Indian Ghani government. Nevertheless, it is worried about the spillover into its territory across the Durand Line to its west. Pakistan, hence, leads this school of thought most vociferously[i]. It fenced its border with Afghanistan to a significant extent in anticipation of more refugees pouring in.  It has been joined in the chorus by Russia, the EU, China, and others. China, for instance, has emphasized the need for releasing funds to Afghanistan at its talks with the G-20 on 23 September.[ii] However, no such stipulation is seen in the Shanghai Cooperation Organization (SCO) declaration released at the Tajik capital Dushanbe on 17 September, though the document mentions explicitly the need for an “inclusive” government that includes the left-out minorities. India’s presence at the meet may have prevented the inclusion of a funds-release clause.

II. But even if the US unfreezes the $9.25 billion Afghan assets under its control, and allows the IMF and the World Bank to make available other funds and assets to the funds-starved Taliban’s Kabul, a major problem will still linger. This is the question of ‘inclusive’ government, which the Taliban had promised among other things in its February 2020 agreement with the USA at Doha. The composition of the current Taliban government shows the mighty influence of the hardliners within the Taliban, elements like the Haqqani network and the secretive hardcore Kandahar Shura—as opposed to the seemingly more moderate Pakistan-based Quetta Shura. The Prime Minister of Taliban 2.0, Mullah Mohammad Hassan Akhund, is on a UN-designated blacklist; its Interior Minister, Sirajuddin Haqqani, is on the top of the FBI’s most-wanted list with a multi-million dollars reward hanging over his head.  

Although the Taliban did not officially take a formal position, a member of the new government in Kabul has also defied calls from Pakistani Prime Minister Imran Khan and from other quarters for forming a more ‘inclusive’ government. That would mean more Tajiks, Uzbeks, Hazaras and women holding important positions in the government, a phenomenon markedly absent in the current governmental setup dominated by male Pashtuns. The Taliban member shot back that the current government was as much ‘inclusive’ as it was possible to make and that the Taliban did not care for others to dictate to it what kind of government would suit Afghanistan.

If Taliban 2.0 remains essentially as it is today, with the minorities ignored, this would still create unrest and insurgency in the country. A civil war in the not too distant a future cannot be ruled out. This is the reason that even Pakistan, which certainly would not like to see its protégé Taliban’s power diluted, keeps harping on the ‘inclusive’ clause along with Russia and others.

A civil war will not be confined within the boundaries of Afghanistan but will attract intervention by neighbouring states and other more distant stakeholders like the USA.  Tajikistan will continue to back the Tajiks living astride its southern border with Afghanistan. Uzbekistan will do the same with the Afghan Uzbeks. Shia Iran will  stand up for the Shia Hazaras while the Western world will, in general, wish to see ‘human rights’ and especially ‘women’s rights’ given full leeway. The Chinese seemed to have cut a deal. They would extend economic aid to Kabul in exchange for assurances that no terrorism or separatism would go out of Afghan territory.

But Taliban 2.0, despite its smooth assurances at Doha and elsewhere, shows no signs of stretching significantly from its understanding of the Sharia law, which it said it wished to uphold as a framework within which all these rights would be respected. There are reports that the US is in talks with Russia seeking a base on Russian territory or again in Tajikistan for its future ‘over-the-horizon’ operations in Afghanistan, starting with monitoring purposes.

In sum, while option I, outlined above, promises an immediate disaster for South Asia and even beyond, option II holds out  only marginally better prospects. It still has the Damocles’ sword of the probability of a civil war hanging over the head. The ideal solution would be to widen the Taliban 2.0 government to include the deprived minorities with an eye on keeping an effective lid on social instability. But the prospects for such a solution seem far-fetched, given the apparent domination of the hardliners in Taliban 2.0 and the long-standing animosity between the northern non-Pashtun Afghans and the Pashtun Taliban.. Also, the attacks by other extremist groups like the Islamic State-Khorasan (IS-K), al Qaeda, and the Pakistani Taliban (TTP) and so on will unlikely cease, even if option II is fully implemented. These extra-Taliban extremist groups will only encourage the radical elements within the Taliban to opt for more aggressive actions, both within and outside Afghanistan’s borders.

The future in and around Afghanistan looks grim indeed.


[i] Incidentally, the Pashtuns living on both sides of the British-drawn Durand Line of 1893  do not recognise it, and that includes the Taliban)

[ii] Reid Standish report, gandhara.org of rfe/rl.org, 27 September 2021, accessed 14 October 2021, 09.07 Indian Standard Time (IST)… All times henceforth are in IST.

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South Asia

How India utilised the AFSPA to suppress freedom movements?

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The freedom movements in the volatile north-eastern state of India predate the Partition. The Englishman realised importance of the North East as it could provide a corridor to the Japanese in World War II. India applied the Armed forces Special Powers Act first to the north eastern states of Assam and Manipur, a cauldron of unrest. The act was amended in 1972 to extend to all the seven states in the north eastern region of India. The states affected by the draconian law included Assam. Manipur, Tripura, Meghalaya, Arunachal Pradesh, Mizoram and Nagaland, also known as the seven sisters. The forces brutally applied the AFSPA to the states. It ignored outcry by people against has mounting incidents of arbitrary detention, torture, rape and looting. Indian government continued to extend the initial period for imposition of the law ad infinitum sometimes with ex post facto notifications. Its pleas were without AFSPA all the north eastern states will secede from India.  

Gunpoint diplomacy

A large part of the original region that constitutes the seven states of the republic of India had strong political, economic and socio-cultural links with South East Asia. The great Hindu and Muslim empires that reigned over the Indian subcontinent never extended east of the Brahmaputra River. The British colonists were the first to repress freedom movements. . In the early nineteenth century they moved in to check Burmese expansion into today’s Manipur and Assam. The British, with the help of the then Manipur king, Gambhir Singh, crushed the Burmese imperialist dream and the treaty of Yandabo was signed in 1828. Under this treaty Assam became a part of British India and the British continued to influence the political affairs of the region.

The resentment against the Englishman led to the bloody Anglo-Manipuri Conflict of 1891. The British were subdued by the fighting spirit of the local people. So, they preferred not to administer directly but only through the King.

During the Second World War, the Japanese tried to enter the Indian sub continent through this narrow corridor. But back home when Hiroshima and Nagasaki were A-bombed they retreated from the Imphal and Kohima fronts.

A buffer zone

Before leaving India, the British pondered over many proposals for post-Partition of India. The local people were however never consulted. Finally the British divided the region such that some parts went to Pakistan but the lion’s share to India.

Over the years local democratic movements erupted as the people aspired to a new social and political order. One important example is a strong popular democratic movement against feudalism and colonialism in Manipur, led by Hijam Irabot Singh.

The treacherous annexation of Manipur

The post-Partition India reconstituted the kingdom of Manipur as a constitutional monarchy by passing the Manipur Constitution Act 1947. Elections were held under the new constitution. A legislative assembly was formed. In 1949 V.P Menon, a seminar representative of Government of India, invited the king to a meeting on the pretext of discussing the deteriorating law and order situation in the state in Shillong. Upon his arrival, the king was forced to sign under duress. The agreement was never ratified in the Manipur legislative Assembly. Rather, the Assembly was dissolved and Manipur was kept under the charge of a Chief Commissioner. There were strong protests but using violent and brutal repression the Government of India suppressed the democratic movement in Manipur and has continued applying the same methods ever since.

Colonisation of Nagaland

The inhabitants of the Naga Hills, sprawling across Indo-Burmese border, formed Naga National Council (NNC) aspiring for a common homeland and self governance. During 1929, the NNC petitioned the Simon Commission for independence. The Commission was examining the feasibility of future of self governance of India.

The Naga leaders forcefully articulated the demand of self governance once the British pulled out of India. Gandhi publicly announced that Nagas had every right to be independent. Under the Hydari Agreement signed between NNC and British administration, Nagaland was granted protected status for ten years, after which the Nagas would decide whether they should stay in the Indian union or not. However, shortly after the British withdrew, the new Indian rulers colonized Nagaland and claimed it to be Indian Territory.

The Naga National Council proclaimed Nagaland’s independence in retaliation, and the Indian authorities arrested the Naga leaders. The AFSPA was used to violently suppress the democratic aspirations of the people of North East. In 1975, some Naga leaders held talks with the Government of India which resulted in the Shillong Agreement. Democratic forces of Nagaland smelt a rat in this deceptive agreement and rallied the people for national liberation of Nagas. One of the organizations which articulated the democratic demand of Naga people is National Socialist Council of Nagaland (NSCN).

Mizoram

Mizo National front was a phenomenal product of a famine. In the Lushai Hills of Assam in the early sixties a famine broke out. A relief team requested for help from the Government of India. But there was little help. The relief team organised themselves into the Mizo National front (MNF) to liberate themselves from the neo-colonial occupation of India. Against the democratic aspirations of the people Indian army moved in. The rebellion was so strong, that the Indian air force had to bomb the villagers. The armed forces compelled people to leave their homes. This devastated the structure of Mizo society. In 1986, the Mizo Accord was signed between MNF and Government of India. This accord was as deceptive as the Shillong Accord made with the Nagas earlier. To promote dominance by high caste Hindus, India clubbed poor non-feudal ethnic groups with Adivasis, cheating them in the name of scheduled tribes and in the process forcing them to be marginalized and stigmatized by the upper caste ruling elites of India.

Gradually it became the neocolonial hinterland for exploitation by the Indian state, where local industries were made worthless and now the people are entirely dependent on goods and businesses owned predominantly by those from the Indo-Gangetic plains. The new Indian unscrupulous businesses pull the economic strings of this region.

Tripura

In Tripura the indigenous population has been reduced to a mere 25% of the total population of the state because of large scale immigration from the North east and Bangladesh.

A series of repressive laws were passed by the Government of India in order to deal with this rising National liberation aspiration of the people of North east. In 1953 the Assam maintenance of Public Order (Autonomous District) Regulation Act was passed. It was applicable to the then Naga Hills and Tuensang districts. It empowered the Governor to impose collective fines, prohibit public meetings, and detain anybody without a warrant. Indian atrocities from 1980 onwards include: the massacres of civilians at Heirangoi thong (Manipur) in 1984, at RIMS Manipur in 1995, at Malom (Manipur) in 2000; the horror of army torture and violence on civilians during operation Blue bird (Manipur) in 1987 and operation Rhino (Assam) in 1991. Indiscriminate firing on civilians by armed forces personnel when their own vehicle burst in the town of Kohina (Nagaland) in March 1995, the shelling and destruction of the town of Makokchung (Nagaland) in 1994, the enforced disappearances of Loken and Lokendro (Manipur) in 1996, and the rape of Miss N Sanjita (who subsequently committed suicide) (Manipur) in 2003.

Concluding remark

After the Partition, India emerged as the new-colonial power. The North East still yeans for freedom.

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The myth of “shared values”

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PM Narendra Modi and US Vice-President Kamala Harris during a press statement. (Photo: Twitter/@MEAIndia)

The Indian prime minister’s visit to the USA underlines a paradigm shift in the United States’ policy: a shift from Europe to Asia. The shift is dictated by India’s constant pressure on the US to do its part of the quid pro quo for India’s joining the Quad, a conglomerate to corner China. Like the USA, India also is embarrassed at the fall of Kabul. India wants that the Taliban would shut their eyes to the reign of terror in the occupied Kashmir. In its disappointment, the USA, like a rueful baby, is doing everything on India’s bidding to further isolate Pakistan.

Still the portents are that not everything is hunky-dory with Indo-US relations. The US wants India to cancel its deal to purchase the S-400 air defence system from Russia. The US has given India a muffled message that unless the deal is cancelled India may face sanctions. India is hopeful of getting a waiver.After all, India became a member of the nuclear club without signing the Non-Proliferation Treaty. India has been a recipient of the US favours in the past also.  In July 2003 India turned down the US request to provide 17,000 troops to shore up America’s war in Iraq. Then, India under prime minister Manmohan Singh also refused to support any US attempts to isolate or topple the Iran government. Manmohan wished Russian diplomacy on Iran’s nuclear programme would succeed.The US companies have invested $ 200 billion in China. Yet, she is perceived as the number one competitor to the US. The reason is that China may surpass the US in terms of Gross Domestic Product growth in the near future.

US ennui
To Modi’s chagrin, the US president Joe Biden and vice-president Kamala Harris underscored the importance of democratic values in their meetings. Biden quoted Mahatma Gandhi’s message of tolerance to allude to prevailing intolerance of BJP’s government, an avatar of the Rashtriya Swayamsevak Sangh. Harris stressed the need for democratic countries to “defend democratic principles and institutions. Her remarks amounted to a diplomatic nudge to the Indian leadership amid concerns about “democratic backsliding” in India (Freedom house and the Economist downgraded India).
Before Biden and Modi joined their delegations for bilateral talks, the US President had made opening remarks: “Our partnership is more than just what we do. It’s about who we are…. It’s rooted in our shared responsibility to uphold democratic values, our joint commitment to diversity, and it’s about family ties, including four million Indian Americans who make the United States stronger every single day.”
Harris said at a joint media appearance with Modi before their first in-person meeting at the White House: “As democracies around the world are under threat, it is imperative that we defend democratic principles and institutions within our respective countries and around the world, and that we maintain what we must do to strengthen democracies at home.
She had earlier openly differed on Twitter with Jaishanker when he refused to attend a meeting with the House foreign affairs committee because the US legislators had rejected his request to exclude Indian-American Congresswoman Pramila Jayapal, who had been critical of the Modi government’s Kashmir policy.
“It’s wrong for any foreign government to tell Congress what members are allowed in meetings on Capitol Hill,” Harris had tweeted in December 2019.
Shared values
As for “tolerance”, the US invasions of Iraq, Syria, Libya and Afghanistan leave no doubt about how much the US believes in what it professes.

India’s democratic “tolerance”

Since British raj days, India’s north east had been a simmering cauldron of freedom movements. British colonists held sway over the North East at gun point. In footsteps of the British colonists India suppressed freedom movements in the volatile North East through a slew of draconian laws. The most atrocious law applied to the region was the Armed Forces Special Powers Act 1958. It was later extended to the disputed Jammu and Kashmir state also.

The AFSPA violates the fundamental constitutional rights of right to life, liberty, freedom of speech and expression, peaceful assembly, free movement, practice of any profession, and protection against arbitrary arrest and freedom of religion, as enshrined in Articles 21, 14, 19, 22 and 25 of the Indian Constitution.   AFSPA has been used in these regions to inflict thousands of deaths, custodial deaths and rape, torture, encirclement of the civilian population, combing operations, looting of private citizen’s property etc. Thousands of youth have simply disappeared.

Onus of proof on the accused

The AFSPA holds an accused guilty until proven innocent. This law violates legal maxim Ei incumbit probatio qui dicit, non qui negat (“innocent until proven guilty”).

A quasi-emergency

A governor of an Indian state could through a notification declare a state to be “disturbed” without consulting the state legislature. The law gives armed forces immunity from any accountability. The law is not “in aid of civil authority” but “in place of civil authority”.

Powers of officers

Section 4 gives the following special powers to any commissioned officer, warrant officer or non commissioned officer of the armed forces in a disturbed area: (a) If in his opinion, it is necessary for maintenance for public order to fire even to the extent of causing death or otherwise use force against a person who is acting in contravention of an order prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapon. (b) If in his opinion, it is necessary to destroy any arms dump or fortified position, any shelter from which armed attacks are made or are likely to be made, and any structure used as training camp for armed volunteers or as a hideout for armed volunteers or as a hideout for armed gangs or absconders. (c) Arrest without warrant any person who has committed a cognizable offence and to use whatever force is necessary to affect the arrest. (d) To enter and search without warrant any premises to make an arrest or to recover any person wrongfully confined or to recover any arms, ammunition, explosive substance or suspected stolen property.

Section 2 (c) of the Act also clearly shows the close affinity between AFSPA and those laws governing the military such as the Army Act (1950). It reads, ‘All other words and expressions used herein but not defined in the Air Force Act 1950, or the Army Act 1950, shall have the meaning respectively assigned to them in those Acts’.

A war against own people

The act applies toacts that are ‘likely to be made’ or ‘about to be committed’. This presumption is characteristic of war zones. In a war situation, any officer whether he is a commissioned, junior commissioned or non-commissioned officer-leading his men in the field is the judge as well as part of the body that executes his judgments.

The AFSPA grants armed forces personnel the power to shoot to arrest, search, seize and even shoot to kill. Thus it violates the Right to Life enshrined in Article 21 of the Constitution of India which guarantees the right to life to all people. The AFSPA also violates the International Covenant on Civil and Political Rights (ICCPR). India signed the ICCPR in 1978, taking on the responsibility of securing the rights guaranteed by the Covenant to all its citizens. In particular, the Act is in contravention of Article 6 of the ICCPR guaranteeing the right to life.

Concluding remark

India is often called “the world’s largest democracy” by the West. Western notion of democracy (Westminster model) is that it is government of the people (masses, not classes), for the people and by the people.  In truth, Indian democracy is in name only, not in substance. The “shared values” are a ruse.  

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