Jammu, December 28, 2021 (PPI-OT):Although, the voices across India and rest of the world have been rising in favour of repeal of black laws like Armed Forces (Special Powers) Act (APSPA), Unlawful Activities (Prevention) Act and sedition law, Manoj Sinha, Lieutenant Governor of the Indian illegally occupied Jammu and Kashmir (IIOJK) does not feel the need to review them.

Sinha stated this while addressing a press conference. When asked if Jammu and Kashmir feels the need to set up a Panel to review or repeal the AFSPA as is being done in Nagaland following killing of 14 civilians by Indian forces in first week of December this year.

Lieutenant Governor Manoj Sinha said that there is no need to set up a panel to review the Armed Forces Special Powers Act (AFSPA) in Jammu and Kashmir. “Do not be concerned about it. I am looking into it. I do not feel any such need (to set up Panel to review it),” Sinha said.

Contrary to claims made by Manoj Sinha, the Armed Forces Special Powers Act (AFSPA), has a dark history. The Indian government, in agreement with states, uses AFSPA to deploy armed forces in “disturbed areas” or the territory to quell voices of dissent.

Among the many provisions that are cause for human rights concerns, AFSPA has provisions that allow for rare circumstances under which accused personnel can be tried in a court. AFSPA has established a culture of impunity that allow Indian forces and to completely disregard human rights and the rule of law. Allegations of human rights abuses under AFSPA include personnel committing rape, using human shields on army vehicles, fake encounters, and disappearance while in custody.

AFSPA does not have sufficient safeguards to ensure that the personnel conduct operations in a manner which conforms to standards on the use of force in conflict areas. When Indian forces commit crimes while on duty, they are rarely held accountable. Accused personnel cannot be prosecuted in a criminal court unless the Union government or a state government agrees to give authorisation to prosecute them.

To make matters worse, despite the presence of substantial proof, internal investigations conducted by the Indian army and the ministry of defence have continually dismissed these claims. Only 70 personnel have been “punished” so far. This is a dismal record given the number of complaints against armed forces personnel. Another source of worry is that attempts to obtain information on the Indian army’s actions have been rejected.

But many analysts say Kashmir continues to be the only obstacle to revoking the legislation as there seems a national consensus that the controversial law should continue to remain in vogue in J and K. Both Congress and BJP have remained on the same page about the continuation of AFSPA in Jammu and Kashmir.

“I think AFSPA may ultimately be a device to promote and protect an ideology but I find it essentially a Defence Act giving a free hand to the armed forces to trample upon the rights with impunity and thereby kill dissent and disagreement and above all aspirations,” National Conference MP Hasnain Masoodi said.

Till Mehbooba Mufti’s government up to July 2018, the authorities IN IIOJK had sent 50 cases for prosecution sanction against the armed forces personnel under AFSPA, 1990. However, the Indian government denied the permission in all the cases. Since the abrogation of Article 370 on August 9, 2019, the authorities in IIOJK hasn’t sent a single case involving the army for sanction of prosecution.

That is because Manoj Sindh does not feel the need to set up a review panel like Nagaland to review this draconian law. Such is the irony of double standards in the Muslim majority area of Bharatiya Janata ruled India.

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