Lok Sabha Question No. 1533 (UNSTARRED), answered on 2015-12-08
Subject: Operation of AFSPA
Ministry: HOME AFFAIRS
Asked by: RANGASWAMY DHRUVANARAYANA, NINONG ERING, DALPAT SINGH PARASTE, SANJAY HARIBHAU JADHAV, RODMAL NAGAR

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1533

TO BE ANSWERED ON THE 08 TH  DECEMBER, 2015/AGRAHAYANA 17, 1937 (SAKA)

## OPERATION OF AFSPA

1533.

SHRI R. DHRUVA NARAYANA:

SHRI NINONG ERING:

SHRI DALPAT SINGH PARASTE:

SHRI SANJAY HARIBHAU JADHAV:

SHRI NAGAR RODMAL:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  the  States  and  regions  where  the  Armed  Forces  Special  Powers  Act (AFSPA) is operational;
- (b)  the  number  of  cases  of  human  rights  violations  by  the  security  forces reported  from  the  said  areas  during  each  of  the  last  three  years  and  the current year, crime-wise and State-wise;
- (c) the number of cases disposed off, pending and the number of the victims given compensation during the said period, State-wise;
- (d)  the  details  of  the  organisations  which  have  requested/recommended  to repeal the said Act; and
- (e)  the  measures  taken  by  the  Government  to  check  the  human  rights violations in the said region of the country?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI KIREN RIJIJU)

- (a): The Act is operational in the following areas:
- (i) Entire States of Assam and Nagaland;
- (ii) Tirap, Changlang and Longding districts in Arunachal Pradesh and the areas falling within the jurisdiction of the 16 police stations in the  districts  of  the  Arunachal  Pradesh,  bordering  the  State  of Assam;

- (iii)

## L.S.U.S.Q.No.1533 FOR 08.12.2015

- 20 km wide belt bordering Assam in the State of Meghalaya;
- (iv) the State of Manipur excluding Imphal Municipal Area;
- (v) districts  of  Anantnag,  Baramulla,  Badgam,  Kupwara,  Pulwama, Srinagar,  Jammu,  Kathua,  Udampur,  Poonch,  Rajouri  and  Doda  in the State of J & K.
- (b) & ( c):  Information is  being collected and will  be laid on the table of the House.
- (d): Representations  have  been  received  from  time  to  time  from  different organizations/NGOs from Manipur for withdrawal and from the State Government  of  J&K  for  phased  withdrawal  of  the  Armed  Forces  Special Powers Act.
- (e): For  preventing  human  rights  violations  under    the  AFSPA,  guidelines containing 'Do's & Don'ts have been issued for the Armed Forces deployed in Counter  Insurgency  Operation  as  per  the  direction  of  the  Supreme  Court  in Naga People's Movement of Human Rights versus Union of India.  Violation of these  guidelines  by  members  of  the  Armed  Forces  makes  them  liable  for prosecution under the Army Act and the respective Acts of the Central Armed Police  Forces.  The Human Rights Cells established at various levels of Army and the Central Armed Police Forces regularly monitor alleged human rights violations, by the members of the Armed Forces.  The troops are sensitized at regular  intervals  regarding  importance  of  upholding  Human  Rights.    The institutional  mechanisms  are  in  place  to  deal  with  cases  of  human  rights violation, the details are as follows:
- (i) The first level of approach for the complainant is the Police Station which conducts an immediate inquiry into the allegation.  If found correct, the inquiry leads  upto  the  registration  of  a  formal  investigation  via  a  First  Information Report (FIR).  In the event that a complainant has a grievance, she/he has the opportunity  to  approach  any  senior  police  or  administrative  official,  elected representative or the local judiciary, directly.
- (ii) Besides,  the  Police  as  well  as  the  Security  Forces  hierarchy  conduct parallel  processes, both of which are semi-judicial processes as enshrined in law.    Another  central  agency,  the  Central  Bureau  of  Investigation  (CBI)  can also be ordered by any higher Court to investigate or re-investigate any such allegation of human rights violation.

(iii) Moreover, an institutional mechanism exists in the form of Human Rights Commissions at the Centre and in States.

(iv) The higher judiciary i.e. Hon'ble High Courts and Hon'ble Supreme Court of  India  can  record  a  primary  or  secondary  complaint,  apart  from  sitting  in judgment  on  investigated,  charged  and  district  court-judged  cases.  Under Articles 32 and 226 of the Constitution there are wide-ranging powers with  the Hon'ble Supreme Court and Hon'ble High Courts of States to hear a matter of immediate  public  concern.  Public  Interest  Litigations  (PIL)  on  any  matter  of Importance, can be filed before the higher court.

(v) In  response  to  extra-ordinary  allegations  of  human  rights  violations  the central or state governments can set up specific commissions of inquiry, under the  Commissions  of  Inquiry  Act.    These  commissions  function  autonomously and submit reports, which are placed before the relevant legislature.

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