Armed Forces Special Powers Act
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Armed Forces Special Power Act
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Author : Dr. U C Jha
language : en
Publisher: Vij Books India Pvt Ltd
Release Date : 2015-03-01
Armed Forces Special Power Act written by Dr. U C Jha and has been published by Vij Books India Pvt Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-01 with Law categories.
The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to ‘arrest’ without warrant, ‘destroy property’ and ‘shoot to kill’, besides providing them with complete immunity. The loud and continuous clamour against the Act has drawn the attention of various international organizations. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has recently called for the repeal of the law, stating: “AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped.” On the other hand, the armed forces hold that the AFSPA is necessary for tackling the growing menace of militancy and protecting their men from the unnecessary harassment caused by litigation. General V K Singh, the former chief of army staff and now a cabinet minister, has emphasized that the AFSPA is a ‘functional requirement’ of the armed forces. This is the first book in India not only to attempt a complete analysis of the various provisions of the AFSPA, but also to provide an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated, and at the same time, argues that it is equally important to safeguard the human rights of the members of the armed forces. In order to help find an amicable solution, the author makes a few recommendations for the consideration of the government and armed forces.
Afspa
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Author : Naorem Sanajaoba
language : en
Publisher:
Release Date : 2014
Afspa written by Naorem Sanajaoba and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Civil rights categories.
The Armed Forces Special Powers Act 1958
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Author :
language : en
Publisher: Universal Law Publishing
Release Date :
The Armed Forces Special Powers Act 1958 written by and has been published by Universal Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Armed Forces Special Powers Act
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Author :
language : en
Publisher:
Release Date : 2013
Armed Forces Special Powers Act written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
The Afspa
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Author :
language : en
Publisher:
Release Date : 2005
The Afspa written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Abuse of administrative power categories.
This Representation Provides An Analysis Of The Illegality Of The Provisions Of The Armed Forces Special Powers Act, 1958 (Afspa) And The Abuse Of These Provisions. It Also Contains Documents On National, Regional And International Human Rights Standards To Ensure That The Amended Provisions Of The Afspa Are In Consonance With The Obligations Of The Government Towards Protection Of Human Rights. As Manipur Has Been The Epicentre Of The Movement Against The Afspa, The Case Studies Are Mainly From Manipur. Like New.
A Backgrounder On Armed Forces Special Powers Act 1958
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Author : Naga Peoples' Movement for Human Rights
language : en
Publisher:
Release Date : 1996*
A Backgrounder On Armed Forces Special Powers Act 1958 written by Naga Peoples' Movement for Human Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996* with War and emergency powers categories.
Armed Forces Special Powers Act 1958
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Author :
language : en
Publisher:
Release Date : 2010
Armed Forces Special Powers Act 1958 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Abuse of administrative power categories.
The Armed Forces Special Powers Act Afspa And Its Impact On Violence Against Women In Nagaland
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Author : Khatoli Khala
language : en
Publisher:
Release Date : 2004*
The Armed Forces Special Powers Act Afspa And Its Impact On Violence Against Women In Nagaland written by Khatoli Khala and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004* with Women categories.
Armed Forces Special Powers Act
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Author : Geejo Francis
language : en
Publisher:
Release Date : 2011
Armed Forces Special Powers Act written by Geejo Francis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Armed Forced Special Powers Act was drafted in the year 1958 and as the title refers, provides special powers to the armed forces of the Indian union in areas where the central government may notify as disturbed. Presently the act applies to the north-eastern states of Arunachal Pradesh, Ssam, Manipur, Eghalaya, Izoram, Agaland and Tripura. At the wake of rising insurgencies in the state of Jammu and Kashmir during the 1980s the act was extended and applied in the state full fledged. The history of the original idea behind this act dates back to the colonial period when the British wanted an effective tool to control acts against the British Raj specially the quit India movement. The same model has been applied in this act to control insurgencies and therefore avoid secession of any state from these disturbed areas. Though the human rights violations are the only highlighted issues regarding the act, there has not been much mention on the flip side to the growing cry for the withdrawal of the act such as exposure of the army officials to any acts committed by them being termed as violation of human rights and a legal suit can be initiated and no army unit will work in a condition where there is no legal protection for its personnel and the worst case scenario being a state of anarchy prevailing in these states where the army refuses to fight. So a balance of convenience for both the people in these areas and also the army personnel should be maintained through a less repressive act. Getting into the details of the act, it provides for any army personnel posted in a disturbed area to: 1. "Fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law" against "assembly of five or more persons" or possession of deadly weapons. 2. To arrest without a warrant and with the use of "necessary" force anyone who has committed certain offenses or is suspected of having done so. 3. To enter and search any premise in order to make such arrests. 4. No legal consequences will be met by these officers who act under the law. 5. For an area to be declared disturbed there must be a deterioration of law and order situation in the area and the governor has the power to request the help of the central government to assist the state in maintaining it. Now the power to determine a disturbed area is also vested with the central government. As a result of increasing pressure by the United Nations and protests carried out by local activists the Prime Minister has acknowledged that there are some 'legitimate grievances' against the act and assured that it will be surely dealt by the government. Upon this a five member committee headed by former justice Jeevan Reddy was constituted with a mandate of making recommendations to amend the provisions of the act to meet the government's obligation of preserving human rights or repeal the act and bring in a new act with the above mentioned feature which it acknowledged the present act lacked. The committee did come up with the recommendation to repeal the act but without mentioning any substantial benefits for the people. The government till now have not acted on the recommendations and it was also made clear that it had no intention on replacing or diluting Armed Forces Special Powers Act, 1958, the act since an army unit cannot work under circumstances where its prone to legal action. It is also to be noted that the committee recognized that the act has been viewed as a symbol of repression by the union government. In numerous proceedings the courts have said that just because a statute has been abused by the officials under the act and it does not mean that the act should be repealed based only on that and the same applies to AFSPA. But the central government is slowly moving towards handing over the security issues of these states to locally raised forces. But it is uncertain how repressive will be their own security forces against them when it comes to eradicating cancerous insurgencies in the region.
License To Kill
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Author :
language : en
Publisher:
Release Date : 2005
License To Kill written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.