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Recently, the
Supreme Court of India, in a case related to Thangjam Manorama Manipur, (who was allegedly killed in 2004 by Assam Rifles, a
security force of government) directed the Government of India to award
10,00,000 INR or £10,340.00 GBP as compensation to Manorama’s mother. But the
serious concern is that in spite of such direction, the court could not spell
any judgment against the culprits in the case of Manorama and other similar
cases yet.
I visited Manorama’s house two months ago and
met her brother and mother. My visit was part ofa solidarity visit where I
participated in Asian solidarity events organized by May
18 Memorial, Forum Asia and
Just Peace Foundation at Imphal, Manipur.
‘I don’t want to speak anything’ were the
words of Manorama’s mother Thangjam Khumanleima, when it was conveyed by our
local host, a human rights activist, Babloo Loitongbam, that we all came from
various parts of India and from abroad to meet her. We were there for 40
minutes but she remained silent and appeared full of sorrow, despair and anger.
Manorama’s
brother Thangjam Dolen talked to us. He described what happened on that
night of July 10-11 2004, when soldiers of Assam Rifles knocked on the door, called
Manorama outside of house, tortured her, and forcefully took her away. They
alleged that Manorama was associated with PLA (People’s Liberation Army), an
insurgent group in north east India. The denial by Manorama did not stop them.
After few hours, the dead body of Manorama was found on the roadside. People
came to protest as they noticed that there were bullet shots in her private
parts and therefore suspected rape by the soldiers.
There
were massive protests across Manipur. 10 women had staged a nude protest in
front of the historical Kangla Fort with a banner reading “Indian Army Rape
Us”. These protests had forced the state government to order for an inquiry
under the Justice Upendra Commission. However, Assam Rifles went to higher
court in August 2004 and petitioned that no inquiry can be made as the
concerned soldiers were protected by the Armed Forces Special Powers Act
(AFSPA) and therefore, as per the AFSPA rule, a prior sanction is required from
central government. While the Higher court (Guwahati High Court) had passed an
order in the year 2010 and upheld
that an inquiry commission could be set-up and the State of Manipur is
authorised to act on the report of commission , howeverthe Government
of India moved to Supreme Court against
this order. Now, Supreme Court of India agreed to hear the petition but only
ordered compensation of Rs. 10 lakhs (INR) to the victim’s family.
It
is a case that witnessed massive protest. Still 10 years on, the order was for
compensation, not justice. There are many such cases, of rapes, fake killings,
torture, reported and unreported in the AFSPA imposed areas of North East
Region of India (through AFSPA
1958) and in Jammu & Kashmir (through AFSPA
1990). AFSPA provided extra-ordinary powers of shoot on suspicion,
search and arrest. It also provides impunity to armed forces with its section 6
where no criminal case can be lodged against any armed force personals without
prior sanction from central government. Unfortunately, the sanction has not ever been provided,
not even in a single case.
AFSPA
is a draconian law. It is responsible for gross human rights violations by
security forces and many national/international human rights groups including UN
bodies have called for
India to repeal it, but it is still surviving.
During
the recent parliamentary elections in India, the state
unit of Manipur of BJP promised to
repeal AFSPA if voted into power. It has been 7 months now since the BJP has
come to power, but AFSPA remains operational.
This scenario where the right to justice of
common people has been deprived by ‘impunity’ granted to functionaries of state
violence has only worsened people’s despair and made them disillusioned by the state.
Now it is upon the new government of India and civil society, together with
activists from all over the globe to work towards the end of culture of
violence and to ensure repeal of AFSPA and restore the right to life, the right
to justice.
By: Ravi Nitesh
