By: Ganesh Sovani
ganesh_sovani@rediffmail.com
October 18, 2004

Once described as the ‘Jewel of India’, by India’s maiden Prime Minister Jawaharlal Nehru, Manipur is in the news for the last two months ever since the dead body of Thangiam Manorama was discovered on the morning of 12th July, 2004 by her neighbours in the streets of Imphal. While the local residents charge that she was raped and brutally killed by the Assam Rifles men, the AR-17 personnel have contended that she was a covert supporter of (PLA) People’s Liberation Army and they had justifiably killed her as tried to escape from their custody.

This incident has virtually become a rallying point for the people in Manipur and practically the entire state population has been demanding the immediate withdrawal of AFSPA (The Armed Forces Special Powers Act- 1958), which according to them has been used as a tool of repression by the security forces.

The civil life in the entire Manipur valley has been disrupted and inspite of the frantic visit by Indian home minister Shivraj Patil in the first week of September, 2004, to the trouble torn state, there is no sign of improvement of the situation. The home minister’s visit has already been described as ‘waste of time’ by Apuna Lub, a strong apex body of thirty-two different organizations which have been spearheading a campaign for the repealing of AFPSA.

The death of Manorama has created such a strong reaction that nearly half dozen women paraded naked in front of Assam Rifles head quarters in Imphal in protest against her alleged killing.

The demand for repealing of AFSPA is not new, as one female activist Irom Sharmila, who is on hunger strike since last three years and nine months has been demeaning the abrogation of law and she is currently kept at Jawaharlal Nehru Hospital under police escort and is being currently feeded through her nose.

Although the chief minister was prompt enough to revoke the implementation of this law from seven municipal wards of the city of Imphal covering a distance of about 20 sq. kms to assuage the feelings of the disgruntled elements, there is no sign of situation returning to normal, as some of the agitators have now started demanding the screening of ‘Hindi’ film channels on the cable television. As if this was not enough, the situation took an ugly turn when the effigies of Indian prime minister, home minister and the chief minister of Manipur were burnt on Thursday 23rd, September 2004.

In its another attempt to assuage the feeling of the local populace, the state government has ordered a judicial enquiry by appointing justice C. Upendra commission to probe Manorama’s killing. Even if the AR headquarter is situated right across the Kangla Fort, from where the commission has started operating, this move is unable to break through the ice as Assam Riffle is refused to co-operate with the commission and has been successful in thwarting the probe, by obtaining a ‘stay’ by approaching Gauhati High Court. Assam Riffle has been contending that that the commission was summoning those (i.e. AR), which does not fall under the commission’s jurisdiction.

Interestingly, the AR – 17 personnel contend that post mortem report of Manorama totally rule out theory of rape, which further fuelled the anger of local populace, who went to the extent of alleging that it was a doctored report.

The lawyers who are intervening on behalf of civilians are keen to cross examine AR personnel and their witnesses. However, after the reluctance of AR personnel to co-operate with the commission, these lawyers have withdrawn from the proceedings, which have culminated in the virtual collapse of the commission’s work and the very purpose for which it was constituted.

The mess is further compounded by the contradictory statements made by the home minister and the defence minister over the repealing of AFSPA. Whereas home minister Shivraj Patil during his short visit to Imphal was not averse for the revocation of AFSPA, the defence minister has strongly opposed any such move. The latter has also pooh-poohed the idea of replacing the existing twelve battalions of Assam Riffle in Manipur with Border Security Force Personnel.

It would be interesting to see what made the things to come to such a pass in Manipur during the last couple of decades.

A neglected state

Before we talk about the current impasse in Manipur, it would be interesting to see how Manipur was amalgamated in the Indian union way back in 1947.

Like Assam and Nagaland, Manipur too is plagued with unregulated migration, the legal and the political status of migrants and inter-ethnic rivalry. All this has resulted in demand of greater autonomy. With the continued reluctance of the Union government to address the issues concerning migration and ethnic problems, there is a growing demand for independence.

A feeling persists in the section of the people in the state that their charismatic king Hijam Irabot, was forced to sign a merger agreement by the Indian government representative Krishna Menon on 11th August, 1947 when Manipur was reconstituted as a state from monarchy after passing of the Manipur Constitution Act 1947. Much to their dismay, this agreement was never ratified by Manipur assembly and the territory was kept under the control of Chief Commissioner.

The Manipur Congress which came into existence immediately after independence, led to the move for the complete merger with India which was duly completed on 15th October, 1949. Soon thereafter, the groups which had leaned towards the ‘Left’ challenged the merger which ensued the insurgency. The leftists leader like Irabot Singh started clamouring that Manipuris were not part of the Indian mainstream.

As the majority of the state population belong to Tibeto – Chinese race, they have not been able to assimilate with the Indian culture and the languages, which are essentially either Aryan or Dravidian oriented.

The discontent essentially comes from Metei tribe. They are peeved that Manipur was accorded full status only in 1972, much later than Himachal Pradesh, Meghalaya and Nagaland. Although Kerala is just 16,000 sq. Kms larger than Manipur, Kerala has twenty MPs, in contrast to barely two MPs for Manipur.

The sentiments of Manipuris were further angered when India gave up its claim over Kubaw Valley and gifted it to Burma in 1953. They are also angry over the fact that their language was incorporated in the Eighth schedule of the Constitution of India only in 1992.

The unstopping migration of Bangladeshis, Nepalese and also of Nagas has created an identity problem. One is aware that greater Nagaland or Nagalim movement has been championed by various Naga leaders in the majority of the North East.

The people belonging to Meitei tribe are essentially fighting for the complete secession from India. They can not buy land in the hilly areas of the state. Moreover, they were originally clubbed with the ‘Other Backward Classes’, in contrast to the hill tribes, which had been accorded ‘Schedule Tribe’ status and were been enjoying the reservations both in education and government employment. However, after the Mandal Commission’s recommendations, the Meiteis have now been put at par with other tribes in the State.

As if the problems of Meiteis are not enough, there have been numerous incidents of rioting between Meiteis and Muslim Pangals and another tribe Hmars is also fighting for a separate state or local autonomy within the State. All these phenomena are not new and instead of addressing the basis issues of the upliftment of the people of the valley, the successive union governments have treated the problem in Manipur as a pure law and order situation.

Like other six neighbouring states, constituting seven sisters, Manipur lacks infrastructure development. The entire North-East virtually got a raw deal when maiden first five plan was unveiled. Even fifty seven years after independence, Manipur is still 22% behind the national average for infrastructural development. Only 2.1 lakh hectares of land available for the cultivation out of 22,327 sq. km land of the State. Although handloom is the third biggest industry, it is grappled with the problem of extortions from the various militant groups.
Although this land is gifted with scenic beauty, the tourism potential has never been exploited. The locals feel that the RAP (Restricted Area Permit) is prohibiting the foreigners from visiting this land, as they are required to obtain a special visa to visit this State. All this has led to a feeling that the state is persistently being denied the economic development.

What is AFSPA?

The situation in the state is such that Manipuris have given an impression that nothing can become well in the state unless AFSPA is repealed with the immediate effect. This has landed both the local government of Ibobi Singh and the Central government in a very precarious situation.

It may be recalled that the controversial AFSPA was promulgated way back in 1958 to tackle the insurgency problem in the various parts of India. However, it was made applicable to Manipur only in 1980.
Few would recollect that AFSPA was introduced in late fifties when the tension had considerably mounted. At the beginning of the century, the inhabitants of the Naga Hills, which extend across the Indo-Burmese border, came together under the single banner of Naga National Council (NNC), aspiring for a common homeland and self-governance. As early as 1929, the NNC petitioned the Simon Commission, which was examining the feasibility of future of self-governance of India. The Naga leaders were adamantly against Indian rule over their people once the British pulled out of the region. Mahatma Gandhi publicly announced that the Nagas had every right to be independent. His assertion was based on his belief in non-violence, he did not believe in the use of force or an unwilling union.
Under the Hydari Agreement signed between NNC and British administration, Nagaland was granted protected status for ten years, after which the Nagas would decide whether they should stay in the Union or not. However, shortly after the British withdrew, independent India proclaimed the Naga Territory as part and parcel of the new Republic.
The NNC proclaimed Nagaland`s independence. In retaliation, Indian authorities arrested the Naga leaders. An armed struggle ensued and there were large casualties on either side. The Armed Forces Special Powers Act is the product of this tension.
This Act undoubtedly confers enormous powers to the military personnel, once they are invited by the Collector i.e. District Magistrate to take charge of the local situation, which indirectly means when the state machinery fails and the areas is declared as a ‘disturbed area’.

There is a catch! Although there is a provision in Section 3 in AFSPA to declare a trouble torn area as a ‘disturbed area’, this Act is silent as to who whether the Central or State government will issue a notification that an area can be treated as a ‘disturbed area’. Also no parameters have been defined as to under what circumstances a particular area can be called as ‘disturbed area’. Therefore, different criterion has been applied for such declaration depending upon the location, the local situation and the circumstances of a particular case.

Once an area is so declared for the use of armed forces in aid of the civil power, the local police take a back seat. This law empowers the army personnel to use force, whenever they feel it necessary for the maintenance of public order, after giving a due warning to the trouble makers and even Section 4(a) permits an army personnel to kill any such person, who is acting in contravention of any law or order in the disturbed area.

Further section 4(b) also permits the army to destroy any arms dump, prepared or forfeited position or shelter from which armed attacks are made or like to be made or any structure used as a training camp for armed volunteers or utilized as a hide-out by armed gangs or absconders wanted for any offence.

Further Section 4 (c) empowers the army personnel to arrest, without warrant any person who has committed a cognizable offence against whom a reasonable suspicion exists that he has committed or about to commit any cognizable offence and also permits such force in effecting the arrest.

Although Section 5 casts an obligation on the part of the army personnel to hand over the arrestee with least possible delay to the nearest police station along with the report of the circumstances causing the arrest.

The army personnel have been given a protection under Section 7 of AFSPA that no civil or criminal proceeding could be filed against them, challenging their action, except a prior permission is sought either from the Central or the State government.

In 1972, some amendments were incorporated in this Act, which allows the Center to overrule the decision of the State government to declare a particular area as a ‘disturbed state’. There is an isolated instance, when the Central government had declared a particular area in Tripura as a ‘disturbed area’, much against the opinion expressed by the State government.

The human right activists have been arguing that AFSPA is totally contravening both the Indian Constitution, as well as International law. They try to substantiate their point by saying that, whereas a person if detained under NSA (The National Security Act) can challenge his detention before the review committee under that Act, whereas if the army is to detain someone by exercising AFSPA, then no such scope is available for challenging the detention.

On the other hand, the government has always contented that the use of AFSPA was absolutely necessary to restrain the secessionist tendencies, or else the India’s sovereignty and security would have come into danger. If the local government has to ensure the smooth passage of commercial vehicles involving the transportation of goods, essential commodities, etc. then there is no option to but to involve the Army in the whole exercise of patrolling, or else, the truck operators are required to shell out the moneys at various entry points in Manipur. Inspite of putting in motion, the army has been facing torrid time in ensuring the smooth movements of the vehicles and the functioning of the various industries as they are often subjected to extortion and looting done by the various insurgent groups. The situation in Manipur has come to such a pass, that if the army is withdrawn then the government machinery in this tiny state would collapse within no time. Precisely for this reason, the deployment of army, not just in Manipur, but in other affected states of NE has become imperative.

The observers feel that excessive use of AFSPA have fuelled the demand for greater autonomy as the local populace want the army to be kept at bay.

There have been many instances in the past when the legality and the validity of AFSPA has been challenged in the Supreme Court of India and majority of the petitions are yet to be disposed by the Apex Court of the country. There has been a solitary instance when the Delhi High Court had upheld the validity of this Act.

The Indian Army has always justified their actions, once they were invited by the civil administration to handle the situation in the ‘disturbed area’. Not just in Manipur, but in the majority of the North Eastern states the army had opened up liaison cells. The very purpose of these cells to facilitate the disgruntled people to enquire about the arrest and the status of those who have been arrested. But hardly any one from the affected or disgruntled families has approached these cells to vent their feelings.

Now to quell the aftermath which has erupted after Manorama’s dead body was found, the army has declared that the DNA tests of AR-17 personnel, who had allegedly killed her would be done. The home minister has already reiterated that those who are involved in the inhuman act will not be spared. Even a suggestion has been mooted to rotate AR – 17 personnel not just in Manipur but in the entire North Eastern states, lest similar incidents occur in future. But all these assurances have not been able to assuage the feelings of the local populace, unless their impoverishment is addressed by the long term measures and with their strict implementation.

Wrong notion

There has been an increasing tendency amongst the various groups in India to demand the repealing of any particular Act or a particular provision of any such act, when the members belonging to that group or community have been booked (perhaps on a higher scale) under such law.

The tragedy of our nation is that over the years we have let bureaucracy to rule in a such unchecked manner that, we have forgotten to infuse an accountability in them. Be it police or in army, or even in revenue administration, the word ‘accountability’ is absent in the administrative dictionary of India. All this has happened due to casual approach of not just that of bureaucrats, but those who are in power.

One recalls hardly any instance, where the erring bureaucrat, be a police officer or a defence personnel or a revenue officer have been sent behind bar, for acting high handed manner. Such officer is either issued a reprimand or just transferred from one place to another.

If the implementation of AFPSA is halted in Manipur, similar demands would be made from other trouble torn states like Nagaland, Assam, etc. and in the ultimate process the entire North East could be thrown into lawlessness which will ultimately result in anarchy.

Long term measures needed

If the Union government has to overcome the situation not just in Manipur then an isolated economic package won’t solve the problem. There has to be a long term strategy for the entire NE region coupled with strict implementation and periodical visits by the union ministers who reluctant to visit this area.

If the long term measures are not undertaken then the day will not be too far, when the India’s unexplored region known as seven sisters would virtually plunge into a civil war. According to rough estimate, in Manipur there are nearly one hundred thousand jobless youths. Therefore, to wean away these groups from violent and extortionist tendencies becomes a prime task of the government before the day, as they have been able to generate moneys in lakhs (millions) simply at the point of gun and therefore, these youngsters are reluctant to undertake any serious lawful occupation to feed themselves.

As it is the moral of the police force all over the country has considerably been affected with the repeal of POTA, by the Union government two days ago. If the police machinery is not given an adequate legal arm to tackle the law and order problem, then the police themselves would be become the targets of the separatists or insurgent groups or disgruntled elements.

After the repeal of POTA, if The Unlawful Activities (Prevention) Act – 1967 can be amended by way of incorporating fifty-four different sections, there is no reason why AFPSA can not be reviewed and amended. Not necessarily it is scrapped.

Any further compromise by the union government for diluting or straight away repealing a law would result in catastrophic situation which the country can hardly afford to. Sooner it realises, the better!

Ganesh Sovani

(The author is Mumbai based journalist - turned - advocate having considerable amount of experience in various fields in writing. He can be contacted at ganesh_sovani@rediffmail.com)