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Saturday, April 6, 2013

Seeking Justice


Every year hundreds of widows are generated by the ongoing conflict. Many of them are still fighting for ‘justice’ as none has got satisfactory explanations regarding the killing and disappearance.

By- Bhavan Meitei

 It wouldn’t be an exaggeration to say that there is no life in Manipur beyond 5.00 P.M. One extra minute beyond it, fear is the only thing which reigns supreme. Fear is the only thing which keeps people behind closed doors. And fear is the only thing that defines life in this part of the country. However the fear stems not so much from absence of light as much from the sense of insecurity that darkness brings. In Manipur one would find an assortment of archaic laws and the consequences of its application in full force. Death is accepted as run of the mill stuff which does not deserve any attention. The sense of acceptance amongst the people is not because they have successfully achieved the Eriksonian’s “Ego Integrity” stage when a man welcomes death with open arms but because they are suffering from learned helplessness.

         However it is the man in the street that is caught in the cross-fire. They have learnt to take the hit from all sides: state and non-state actors. Here rules are observed more in violation than in obeying it. The law of the land is violated with impunity as accountability exists only in name. A guy with a gun in his hand is the man of the moment and his wish becomes the command of the victims. Here the only certainty is uncertainty of one’s life. One can never guarantee whether the man who leaves the house smiling would come back in safe and sound. Here the issue is not about meeting an unfortunate accident. Rather it is about falling to a stray bullet coming out of a gun irrespective of the identity of the shooter. So many incidents have taken place in the last couple of years which are too well known to repeat here. Such is the level of insecurity prevailing in the State.

But the issue surrounding the vexed problems is the impact on the fairer sex and how they cope with the social and economic consequences upon the death of their husbands. Every year hundreds of widows are generated by the ongoing conflict. Many of them are still fighting for ‘Justice’ as none has got satisfactory explanations regarding the killing and disappearance. In almost all cases young men attending to their daily chores were picked up randomly by security forces and killed in cold blood. In several of these cases eye witnesses, parents and neighbours were present who have narrated the cold established practice of picking up innocent young men and women by members of Assam Rifles and Manipur Police and gunning them down in the most condemnable manner. Some of the problems faced by the widows of the hidden war which takes place in the State on daily basis are:

•           ostracization by the relatives including in-laws and maternal family ;
•           Economic hardship due to lack of source of income; and,
•           Deprivations from enjoying state benefits normally given away to widows as their husbands were classified as anti-state.

      Amidst all the confusion, one Act which has come under heavy attack in the last three decades is the Armed Forces Special Powers Act commonly known as AFSPA. This archaic law has come under heavy attack from left, right and centre for its rather draconian provisions under which the perpetrators of heinous crimes have taken sheltered. However the larger issue is the impact on the common people who have become the unlikely victims of the conflicts. Today many of them have been left high and dry with no support coming from any side. With neither the society approving their existence nor the government of the day extending any support, these unfortunate women are in the proverbial no man’s land.

       The focus of this story is on the plight and initiative of the unfortunate women who are made the victims of the fall out of low intensity conflict in the region. One organization that has come into limelight is Extrajudicial Execution Victim Families Association known as EEVFAM. This organization was formed on 11 July 2009 by the mothers and widows of those killed by police and security forces.

Renu Takhellambam, President of the EEVFAM says: “some thirty of us got together, shared our stories and  cried the whole day on each other’s shoulders. On the other hand pouring out our pent up emotions and finding that we not alone was such a relief, we all felt considerably light at the end of the day. We wanted to build on this collective strength and fight for justice together”. The members of the association meet every second Saturday and share their day to day problems and stories. To save their organization funds, they contribute a little amount of money. They formed some self-help group and take loan from Just Peace Foundation, a civil society organization, in low interest. The loanee uses the money according to her own choice and convenience to improve their lives. Some are doing business in clothes, some weaving, some are running small grocery shops, yet others are farming or making detergents, etc.

      Recently a petition was filed by Extrajudicial Execution Victim Families Association Manipur (EEVFAM), with the help of Human Rights Alert in the Supreme Court demanding to set up a special investigation team to investigate the cases. The petition also demanded to declare that the sanction under section 197 CrPC and section 6 of the Armed Forces Special Powers Act, 1958 or any other similar provision in any other law is not necessary to be obtained in cases of fake encounters and to pay compensations to the families of the victim. The petitioner placed before the Court details of 62 cases from 2007 to 2012 and also a list of 1,528 cases of extra-judicial executions, compiled by the Civil Society Coalition on Human Rights in Manipur and the United Nations.

     Taking cognizance of the matter, the Supreme Court issued notices to the Union and Manipur governments on the petition. However on 4th November, 2012, the hearing of the petition filed by the body seeking for a probe into cases of extra-judicial killings in the State was extended till 23rd November, 2012 following a request from the Manipur Government. The Government of Manipur requested to extend some more time for further inquiry and to cross-check the documents.

On November 23rd, the Supreme Court questioned the “orientation” of the Manipur government over extra-judicial killings in the state and reprimanded it for drawing a parallel with the states of Gujarat and Maharashtra, which are already under the court’s scanner over contentious encounters.

“What do you mean when you talk about Maharashtra and Gujarat? Are you saying that since people are getting killed there, so people will get killed in your state too?,” questioned a Bench led by Justice Aftab Alam, expressing its displeasure at the stand by Manipur in its affidavit. The Bench termed Manipur’s affidavit as “strange”. It also expressed displeasure over another submission pointing that militancy, and its difference from ordinary law and order problem, also necessitating a law like the Armed Forces (Special) Powers Act. The Bench once again granted time till December 3 to the Centre to respond on the plea for scrapping the Armed Forces (Assam and Manipur Special Powers) Act in Manipur.

     The petitioner documented 1,528 extra-judicial executions carried out by the police and security forces. It is alleged that the huge majority of the killings were in custody and in cold blood. This is a frightening situation that should shock the conscience of the entire nation. During the last decade, the torture and killings in Manipur of innocent civilians with no criminal records whatsoever, who are later on conveniently labelled as “militants”, has been widely covered in the print media and on television. In this way, it would appear to the people of Manipur that the Constitution and the Criminal Procedure Code have ceased to operate within the boundaries of this State. Hence the present petition for a direction to set up a special investigation team to investigate the cases; conduct disciplinary proceedings in all the cases listed, facilitate the giving of evidence by the family members and eyewitnesses to punish the guilty; pay compensations to the families of the victims and declare that the sanction under Section 197 of the Criminal Procedure Code and Section 6 of the Armed Forces Special Powers Act, 1958, or any similar provision in any law, was not necessary to be secured for prosecution in cases of fake encounters.

 However the larger issue is the impact on the lives of women who are sacrificed on the altar of societal scrutiny and the consequent economic hardship especially those who are not economically dependent. Given the volatile situation in the region coupled with lack of accountability, it is very likely that more could become victims with little or no relief. But the matter which deserves greater attention is how to prevent recurrence of such situation in future. So long there is no improvement in the level of insecurity which shrouds the lives of the people in the region and so long draconian laws are in force, nothing could be said with certainty about the lives of the people. It is high time the issue is taken seriously and efforts are step-up to ameliorate the lives of the victims. Nothing could demand better attention than this if we are to maintain a shred of humanity in this much troubled state.



Original Link:  http://www.northeasttoday.in/featured-on-northeast-today/seeking-justice/

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