The three-member Justice Verma panel sought review of theArmed Forces Special Powers Act (AFSPA). The Act allows an officer of the armedforces to use measures such as make unwarranted arrests or search any premisesto make arrests. To ensure protection of women in conflict areas, the reporthas made several recommendations.
Civil rights activists have welcomed Justice Verma’srecommendations on AFSPA. Amid all the strong protests in the state of Jammu& Kashmir and North Eastern states against AFSPA, Justice Verma committeerecommended bringing sexual violence against women by uniformed men under thepurview of ordinary criminal law.
"There is an imminent need to review the continuance ofAFSPA and AFSPA-like legal protocols in internal conflict areas as soon aspossible. This is necessary for determining the propriety of resorting to thislegislation in the area(s) concerned," he said.
Suhas Chakma, director, Asian Centre for Human Rights saysthe then Chief Justice of India, Justice JS Verma headed the constitutionalbench of the supreme court which upheld constitutional validity of the ArmedForces Special Powers Act on 27 November 1997 in the case of Naga People'sMovement for Human Rights vs Union Of India. Given that historical context, therecommendation of the Justice Verma Committee for repeal of the AFSPA to dealwith crimes by the armed forces against women is welcome.
According to Jinine Laishramcha, Human Rights activist, thejudicial migration of bringing the sexual violence on women by militarypersonnel under civil judicial mechanism is a favorable step. Yes, it will behelpful to prevent sexual offences in a militarised area like Manipur. But themore critical concern would be the scrapping of AFSPA since this militarylegislation is racist in character, and causes de-facto and de-jure impunityfor military and counter-insurgency police. We should not ignore the continuoushuman rights violations and those hundreds of killings in fake encounters underthe impunity of AFSPA because the ultimate sufferings and a kind of secondarysexual violence come to the women - the wives, mothers and daughters of thevictims of the fake encounters.
Dr Showkat Hussain, professor, law department central university,Kashmir, said that the Kashmiris have been demanding that ASPA and DisturbedAreas Act should not be used as a shield by Indian security forces for offencescommitted against civilians, be it rape or otherwise.
