Armed Forces Special Powers Act:  A study in National Security tyranny

1. INTRODUCTION

The Armed Forces (Special Powers) Act of 1958 (AFSPA) is one of the more draconian legislations that the Indian Parliament has passed in its 45 years of Parliamentary history. Under this Act, all security forces are given unrestricted and unaccounted power to carry out their operations, once an area is declared disturbed. Even a non-commissioned officer is granted the right to shoot to kill based on mere suspicion that it is necessary to do so in order to “maintain the public order”.

…

Armed Forces Special Powers Act: A study in National Security tyrannyRead More »

1.International Human Rights Instruments and their Application in India
The Chart of Ratification of International Instruments, provided by the United Nations, should ideally form the corpus of international customary law, applicable in all democratic countries. Once an instrument is ratified a signatory is bound to bring in laws that conform to United Nations standards. Even if these instruments are not legally binding, they are morally compelling.

…

Human Rights & Human Rights Instruments in IndiaRead More »

South Asian refugees who have fled to India face serious problems in their daily lives. From forcible repatriation to starvation, refugees find themselves on the edge, clawing for mere survival. India has provided shelter to these refugees for centuries for both geopolitical and socioeconomic reasons. Political upheaval occurring in unstable countries bordering India often created political upheavals, forcing citizens to seek refuge elsewhere. Additionally, ethnic and religious persecution forced minorities to join similar peoples in India’s multi-ethnic and multilingual society. Better opportunities to start afresh and improved living conditions also contributed to India’s appeal.

…

Refugee Protection in IndiaRead More »

Return of the Maoists: Midnight Knocks and Extra-Judicial Killings in Nepal

 1. PREFACE
South Asia Human Rights Documentation Centre (SAHRDC) has been receiving reports of human rights abuses by Nepalese Police and Maoist cadres in the Rapti region of mid-western Nepal for a little over six months. “The People’s War” declared by the Samyukta Jana Morcha (SJM) (United Peoples Front), a radical communist group, in mid-western Nepal in November 1995 provided the Nepalese Police with ample opportunity to violate basic norms of human rights and fundamental freedoms. The situation deteriorated when the SJM cadres attacked two police stations on 13 February 1996 to herald the second phase of the “People’s War”. There have been reports of flagrant human rights abuses including arbitrary arrests, detention, extrajudicial killings and disappearances.

…

Return of the Maoists: Midnight knocks and extrajudicial killings in NepalRead More »