The Manipur Human Rights Commission (MHRC) on Wednesday stated that aggravated insurgent activities have not been found in Manipur since January 1, 2021 till September 22, 2021, and therefore the continuation of 'Disturbed Area' status under the Armed Forces is not warranted.
The additional DGP (HR) for DGP, Manipur, following the direction of the commission, submitted a report on December 22 in connection with suo-motu case taken up for repeal of AFSPA.
The commission stated that non-involvement and non-participation of armed forces of the Union in the counter insurgency operation, absence of exchange of fires between the armed forces and insurgents, non-existence of disturbed or dangerous condition during the January to September period are the evidences of no aggravated activities found in Manipur.
The state police can effectively contain the activities of insurgency outfits under the amended unlawful activities (prevention act) and other existing criminal law of the country, MHRC pointed out.
The commission suggested that in the event of requiring any assistance from the union government to contain the activities of the insurgent outfit organisations, the state government should ask the assistance of the armed forces of the Union as provided under Entry 2 of the Union List of the Seventh Schedule of the Constitution.
MHRC viewed that section 4 of AFSPA, empowering even a non-commissioned member of the Armed Forces to use force for the maintenance of public order even by shooting, is totally violation of the right to life guaranteed by Article 21 of the constitution of India, which is now non-derogatory in all situation including the operation of the proclamation of emergency.
It is also stated that insurgency is a political problem which is in the ultimatum analysis of a human problem and as such should be soluble through political settlement. Hence, the state government must work out the ways and means for the solution of insurgency in Manipur.
The commission noted the state police apprehension about probable interference by the NGOs in the name of the protection of human rights. The apprehension is misconceived and uncalled for, the commission said.
The commission, after examination of the report submitted by additional DGP (HR), reiterated that the state government should lift or withdraw the enforcement of AFSPA from the whole state.
