GUWAHATI, 17 Dec: Justice Arun Mishra, the chairperson of the National Human Rights Commission (NHRC), on Friday said it would be wrong to generalise that human rights get violated due to imposition of AFSPA in some of the northeastern states.
He also pointed out that the NHRC cannot examine or hold a debate on the legality or constitutionality of the Armed Forces Special Powers Act (AFSPA).
“It cannot be generalised that human rights are violated due to imposition of AFSPA. The government should be reviewing the need for application or withdrawal of the Act,” Justice Mishra told reporters, after the conclusion of a two-day camp here.
He, however, asserted that the commission views custodial deaths or extra-judicial killings “very seriously” and all cases must be reported or it may take suo-moto cognisance.
The human rights body examines the merits of the cases and announces compensation for the family members of the victims, which is then complied with by the state governments, he said.
Referring to the botched counter insurgency operation in Nagaland’s Oting village which claimed 14 lives of civilians, Justice Mishra said the NHRC had taken up the case suo-moto and issued notices to authorities concerned as the state does not have a unit of the statutory agency.
“We have sought a report from the Union home ministry and the Special Investigation Team (SIT) that has been set up to probe the incident. It will, however, not be proper to comment on the merit of the case at this stage,” he added.
The recent mayhem in Nagaland has led to vociferous demands for withdrawal of the Act from the northeastern states.
In the northeast, AFSPA is in force in Assam, Nagaland, Manipur (excluding the Imphal Municipal Council Area), and parts of Arunachal Pradesh. The law empowers security forces to conduct operations anywhere and arrest anyone without a warrant.
Nagaland Chief Minister Neiphu Rio and his Meghalaya counterpart Conrad Sangma, along with opposition parties, civil society groups and rights activists in the region, have also sought the repeal of AFSPA. (PTI)