Human Rights Synopsis.docx

Dr. Ram Manohar Lohiya National Law University

Human Rights Law Project on

AFSPA and Human Rights Violation in India Submitted for the project work undertaken in the partial fulfillment of B.A.LLB(Hons) 5year integrated course at Dr. Ram Manohar Lohiya National Law University,Lucknow.

Under the guidance of

Submitted by

Dr. Aparna Singh

Apoorwa Verma

Assistant Professor (Law)

Enroll no-140101037

RMLNLU

Sec-A, 10th Semester B.ALLB(Hons)

RESEARCH METHODOLOGY The Research Methodology that I will be using for making this project is Doctrinal Research Methodology i.e. I will use library resources and various authentic websites to make a comprehensive project on the subject matter of my topic.

HYPOTHESIS Armed Forces Special Powers Act is an Act violative of Human Rights Law and should be repealed or its provisions should be diluted.

STATEMENT OF PROBLEM The AFSPA has been hypothesized to be violative of human rights due to the protests by the people in the country and the worldwide criticism it has received because of its repercussions on the lives of people. The struggle of various organizations and Irom Sharmila against AFSPA also indicate the grievances of the people.

RESEARCH QUESTIONS The project will focus on answering the following questions in a comprehensive and detailed manner:i)

What is the Historical Background of AFSPA?

ii)

What is the meaning of AFSPA?

iii)

What is the need of AFSPA?

iv)

What are the effects and repercussions of AFSPA?

v)

Is AFSPA a blot on Indian democracy?

vi)

Is AFSPA contradictory to Indian,International or Humanitarian Law?

vii)

Should AFSPA be repealed?

viii)

What will be the major impacts if AFSPA is diluted or repealed?

AIMS/OBJECIVES i)

To study the history and meaning of AFSPA.

ii)

To study the impact of AFSPA on Human Rights.

iii)

To do a critical and legal analysis of the Act in accordance with Indian,International and Humanitarian law.

SOURCES In order to work on my project,library sources will be made use of.Books andArticles(from newspapers,law journals and authentic websites) will be referred to.E-Books will also be referred as per the requirements. Among primary sources I will be using books whereas articles and reviews are the secondary sources that will be used while pursuing my project work.

MODE OF CITATION The mode of citation will be Bluebook.

INTRODUCTION The Armed Forces (Special Powers) Act (AFSPA), is an Act of the Parliament of India which was passed on 11 September 1958. It is a law with just six sections granting special powers to the Indian Armed Forces in what the act terms as "disturbed areas". The Act has received criticism from several sections for alleged concerns about human rights violations in the regions of its enforcement, where arbitrary killings, torture, cruel, inhuman and degrading treatment and enforced degrading disappearances have alleged to have happened.The AFSPA

provokes strong reactions both in the Northeast as well as Jammu & Kashmir; even though its constitutional validity has been upheld by the Supreme Court. Yet that has not changed the public perception of AFSPA in these states: that it is particularly anti-people and gives the armed forces the licence to act with impunity and commit human rights violations without any accountability. Certain clear cases of human rights violations, where the armed forces have stonewalled all attempts to investigate and punish those who are obviously guilty, have only strengthened the widespread perception that the AFSPA is for the protection of armed forces personnel - and thus encourages human rights violations. A more sensitive approach towards the alleged human right violations would have served to prevent such a perception from taking root.

TENTATIVE CHAPTERISATION i)

Historical Background of AFSPA.

ii)

Meaning of AFSPA.

iii)

Need of AFSPA for the Armed Forces.

iv)

Jeevan Reddy Commission and its recommendations.

v)

Effects and repercussions of AFSPA in the states where it has been implemented.

vi)

Present Scenario of AFSPAa) Public Crisis and Response. b) Women Sufferings and Reactions. c) Politics,Military and AFSPA.

vii)

Legal analysis of AFSPA in the light of Indian,International and Humanitarian law.

viii)

Should AFSPA be repealed?

ix)

Conclusion

CASES REFERRED i)

Civil Liberation Organization v. P.L. Kukrety,(1988) 2 GLR 137

ii)

Indrajit Barua v. Union of India AIR 1983 Del 513

iii)

Naga people’s Movement for Human Rights v.Union of India AIR 1998 SC 431

iv)

Nungshitombi devi v. Rishang Keishang,CM Manipur,(1982) 1 GLR 756

BIBLIOGRAPHY i)

Books Referreda) Arms Act,1959 Together with Arms Rules 1962 and Short Notes by P.L. Malik. b) Arrest,Detention and Criminal Justice System by B. Uma Devi.

ii)

Sites Referreda) www.jstor.org b) www.lawcommissionofindia.nic.in c) www.westlawindia.com d) www.legalservices.com