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Monday, November 5, 2012

AFSPA is not to be repealed whatever may come! What if the 'Iron Lady of Manipur' Irom Chanu Sharmila, who has been on a hunger strike since 2000 demanding repeal of Armed Forces Special Power Act (AFSPA), is completing 12 years of fast today!The nation witnessed the nude protest by Manipur Mothers live thanks to media blitz and nothing happened! The government of India has launched a war against the indigenous, aborigin people way back in 1958, for such a long span we remained silent just because of segregation of the communities living there.

AFSPA is not to be repealed whatever may come! What if the 'Iron Lady of Manipur' Irom Chanu Sharmila, who has been on a hunger strike since 2000 demanding repeal of Armed Forces Special Power Act (AFSPA), is completing 12 years of fast today!The nation witnessed the nude protest by Manipur Mothers live thanks to media blitz and nothing happened! The government of India has launched a war against the indigenous, aborigin people way back in 1958, for such a long span we remained silent just because of segregation of the communities living there.

Troubled Galaxy Destroyed Dreams, Chapter: 815


Palash Biswas

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AFSPA is not to be repealed whatever may come! What if the 'Iron Lady of Manipur' Irom Chanu Sharmila, who has been on a hunger strike since 2000 demanding repeal of Armed Forces Special Power Act (AFSPA), is completing 12 years of fast today!Born on March 14, 1972, Irom Sharmila Chanu is also known as the "Iron Lady of Manipur" or "Mengoubi" ("the fair one").We may not complain the politics which banks on exclusion, excommunication and segregation.It is known fact that the state has always been an institution to defend the interest of microminority elite ruling class and never to be represented by the people. The concept of welfare state is dead and it is quite irrelevant in India what if US Presidential election is all set to suffer a dramatic turnaround just because of the resurgence of benevolent state thanks to hurricane Sandy! We are americanised and the ruling hegemony converted the state into a repression machine. Open market economy and free capital inflow has subjected the majority masses and the aborigine humanscape to predestined ethnic cleansing! Just remember, the firebrand paribartan lady, Ms Mamata Banerjee in Manipur pledging to repeal AFSPA. She forgot.What about us, we the people?The 'Iron Lady of Manipur' Irom Chanu Sharmila, began her hunger strike after the death of 10 people in an alleged encounter with the Assam Rifles at Malom in Imphal Valley.what a heart made of gold Irom has ! While we remain detached from anything happening around us!Mind you, Sharmila began her fast till death after ten persons, including a boy who received the National Bravery Award, were shot dead in an alleged encounter with Assam Rifles personnel at Malom near Imphal Airport on November 2, 2000. She has been force-fed through the nose to keep her alive since then. How do we react against the anti people measures branded as economic reforms?A newspaper columnist and social worker then, Sharmila, went on fast on November 5 that year demanding repeal of AFSPA.  She was arrested a day later and charged with attempt to commit suicide.Since then she has been produced in Court from time to time, re-arrested and produced again in Court. She is force fed at a Government Hospital at Porompat here where the ward she is in has been converted into a jail. What if if the Act is removed only from Manipur, then it will still be imposed in other states where the people will continue to suffer?


There are three events which would always identify with the struggle against AFSPA which are Sharmila's 12 years long fast, Pebam Chittanranjan's suicide and the women nude protest at Kangla gate.What a shame! The nation witnessed the nude protest by Manipur Mothers live thanks to media blitz and nothing happened! We so called Indians living in the mainland, so called  mainstream never do consider the people from aborigine humanscape  ie entire north east, kashmir and the Himalayan zone any tribal belt demanding to implement fifth and sixth schedule of the constitution and resisting indiscriminate industrialisation, displacement and urbanisation specifically in the central india, best known as Dandakaranya as fellow Indian citizens. Crude violation of human and civil rights in the North East, kashmir or the so called Maoist belt never does irritate us!The government of India has launched a war against the indigenous, aborigin people way back in 1958, for such a long span we remained silent just because of segregation of the communities living there. Manipur is within the democratic boundary of India where suspected individuals are caught by the police and are supposed to be produced before the court and punish accordingly.In Manipur, however the security personnel especially the Indian military forces are given extra immunity and act themselves as police and judge and sometime kills a person without any judgement. This Act lending extra arms power to the Indian military treats the people of Manipur like animals which has resulted in the loss of many lives in Manipur.

"I was shocked to see the dead bodies. There was no means to stop further violations by the armed forces…. It (fast) is the most effective way because it is based on a spiritual fight… My fast is on behalf of the people of Manipur. This is not a personal battle, it is symbolic. It is a symbol of truth, love and peace", Irom Sharmila Chanu said.

After just three days of fasting, the police arrested her for attempted suicide, which is punishable according to Indian Penal Code. The administration started force-feeding her via nasal tubes and confined her to the Jawaharlal Nehru Hospital in Imphal. Because the maximum sentence for an 'attempt to suicide' cannot exceed one year, Irom Sharmila Chanu is released on completion of one year, and re-arrested after 2-3 days, on the same charges. This has been going on for the last 12 years.

A woman has been on hunger strike for the last 12—repeat 12—years in an effort to  have the Government of India withdraw the Armed Forces (Special Powers) Act, 1958 (AFSPA) from Manipur and other parts of India. On the world's longest hunger strike, she has completed twelve years of fasting over human rights abuses in Manipur and promises to continue. Silently but forcefully, she is highlighting the rarely reported decade-long insurgency in Manipur and the government's response to it with Armed Forces Special Powers Act (AFSPA), something she opposes.

The Parliament had passed this Act on September 11, 1958. It gives the armed forces special powers in the 'disturbed areas' in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. It was later extended to Jammu and Kashmir as The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in July 1990.

On October 27 last  at a function organised in Kolkata, a trust had decided to confer the first Kovilan Smaraka Activist India National Award in memory of Malayalam poet AA Ayyappan upon Sharmila. However, Sharmila, who is also a poet, refused to accept the award.

"Sharmila will not accept any awards until she has succeeded in her mission," said her brother Irom Singhajit. However, Singhajit, who attended the function, returned the award and asked the organisers "to keep it in their custody and present it to Irom Sharmila when she has achieved her goal."
The decision not to accept any awards was taken by Sharmila.

"We appreciate the award and have asked them to keep it in their custody," he said.

Mouli Banerjee wrote quite well,`The Iron Lady of Manipur, to use the clichéd phrase now identified with Irom Sharmila, has been on a fast since November 5, 2000. She has written to the highest authorities in the country, she has personally met dignitaries who have all promised her their support, she has marched to iconic landmarks to direct public attention to her uniquely resilient protest.

All of this, for one straightforward demand that hasn't wavered over twelve years- the repealing of AFSPA. Her protest came into the limelight for most people in my generation through the comparision of her fast to anti-corruption protests led by Anna Hazare and his team. To question or justify the validity of that particular movement would require digressing into unrelated territories, but one must note that as far as resilience and fasting was concerned, Irom Sharmila's dedication to her cause was way superior to that of her counterparts in the anti-corruption movement.

And yet, not only did the media focus its attentions on the movement led by Anna Hazare, but the movement itself proved to be a political game-changer for India, with the Ruling Party cowering under the pressures of the protesting public and the Opposition sweeping in to declare its sympathies with it.

I feel that this is relevant to the case of Irom Sharmila in two ways, as a glimmer of hope and a cause of despair as well. Hope perhaps resides in the fact that the Indian society is evidently capable of being an agent of change, if it so chooses. The cause of despair, quite obviously in this case, is that for them, the bitter, painful political statement of Irom Sharmila is perhaps nothing but a unique piece of news. The ones who sympathise with her too are perhaps only move to a state of awe but nothing more ensues out of it.

As opposed to teams of powerful men and women creating rallies for their cause, here is a woman, an ordinary woman, who decided one morning to fight for not just her own rights but the rights of her people. Here is a woman who is also a sister, a daughter and had aspirations like any other twenty-eight year old would, and she put all her ordinary dreams on hold in order to fulfill a greater destiny, to bear a light for others to follow. Here is a woman who declared a hunger strike twelve years ago for a particular cause and has stuck by her resolve.'(http://e-pao.net/epSubPageExtractor.asp?src=features.Profile_of_Manipuri_Personalities.Irom_Sharmila.In_Hope_Of_Saving_The_Saviour_Of_Hope)

Along with Irom Chanu Sharmila completing 12 years of fasting over the public demand for withdrawal of Armed Forces Special Powers Act from Manipur today, Bishnupur Apunba Nupi Lup remembered the day as 'Chittaranjan na Thawaigee Pontha Pikhiba amadi Irom Chanu Sharmila na Chahi Taranithoi Chara Hel-lakpa' .

Pebam Chittaranjan committed self immolation and died on August 14, 2004 over the demand for repeal of AFSPA.

he people of Bishnupur town today showed solidarity with Irom Sharmila's demand for repeal of the Armed Forces (Special Powers) Act by suspending business activities for a day.

"We could not fast like Sharmila, but we want to show our solidarity and lend our voice to the cry for repeal of the army act. We held the rally and public meeting for this reason. We plan to organise further anti-army act programmes to put pressure on the government and to drum up more public support against the act," Sumati Oinam, vice-president of the Apunba Nupi Lup, Bishnupur district, said.

To mark the occasion, a public meeting held at Yangoi Ningthou Yangoi Leima Shanglen, Bishnupur bazaar in Bishnupur district today where a photo exhibition dislaying images of human rights violation under AFSPA was put up.

Later, a peaceful rally was taken out till the spot where Chittaranjan committed self immolation.

Participating in the meeting, Dr Chinglen Meisnam, Asst.

Prof of Department of Economics, MU, said that all the present day leaders in Manipur are fit to be garlanded only but none is fit to be honoured.

He said that those leaders who do not think for their own land are akin to death and alleged that though the people have all along stood against AFSPA, some leaders do not want to repeal the Act for the simple reason that they are being benefitted from prolong imposition of AFSPA.

These political leaders made promises time and again in their election manifestos during the time of election that they would work hard to withdraw AFSPA from the State but they have remained mute, he charged.

He also alleged that the State Government is gulping huge amount of money given by the Centre by telling the latter that development works are hindered by militancy.

Irengbam Arun, Resident Editor of Imphal Free Press observed that the silence maintained by the Government of India over the 12-year long hunger strike by Sharmila clearly indicates that the Government is ignoring non-violence.

He maintained that the movement launched by Sharmila is purely a part of the non-violence movement spearheaded by Mahatma Gandhi.

The security forces and police in Manipur are carrying out the task of the law courts so partly withdrawal or making changes of AFSPA is not necessary at all but it should be completely withdrawn from the State, he demanded.

A peaceful rally participated by around hundred people was also taken out from Yangoi Ningthou Yangoi Leima Shanglen and culminated at the spot where Chittaranjan committed by self immolation to pay homage to the departed soul.

The event was attended by Laishram Nolindro, Chairperson of Bishnupur Municipal Council and N Nganbi, President of Bishnupur Apunba Nupi Lup as presidium members.

Dr Oinam Kulabidhu, author of "Sharmila- Messenger of Peace" also spoke on the occasion.

Meanwhile, families of the 10 innocent people who were killed in Malom massacre paid floral tribute to the victims at Malom Bus Waiting Shed.

Sharmila has received several Global Awards and several prominent personalities from different parts of the Country have visited her in support of her demands.

Her brother and spokesman Irom Singhajit said social organisations including Just Peace Foundation would hold candlelight demonstrations in Imphal while public discussions would be held during the day.

Official sources said Security and Police forces would be deployed in various parts of the city as a precautionary measure.

However, Civil society activists on Sunday observed a daylong fast at Jantar Mantar in New Delhi, urging the government to initiate talks with activist Irom Sharmila, who has been on a peaceful fast for the past 12 years for repeal of the controversial Armed Forces Special Powers Act (AFSPA) in Manipur.

"We want to send out the message that Irom Sharmila is not alone. We feel for her because she is a true democrat and a true Gandhian. She has every right to be heard. Her struggle shows her faith in democracy and non-violence," said Devika Mittal, from Save Sharmila Solidarity Campaign (SSSC), which is opposed to the neglect and suppression of the Manipuri activist's peaceful fast.

"It is quite unfortunate that the government is ready to talk to Maoists but not to Sharmila, who responded to the extreme violence perpetrated by misusing the AFSPA with extreme peace," said Rishikesh from Jamia Millia Islamia. Now the 'Iron lady of Manipur' was being force-fed through the nose at the state-run Jawaharlal Nehru Institute of Medical Sciences close to her Kongpal Kongkham Leikai residence in Imphal East, he said.

SSSC member Ravi Nitesh said the Army had reduced the AFSPA to a tool for violating human rights. "In a season when people are going on fast and the entire country's political class engages in talks with them, it's quite shocking that in these 12 years the government has not acknowledged her peaceful fast," said Mr. Nitesh, who was among the 12 civil society activists who observed the daylong fast.

Gufran Khan, a student activist, called upon the judiciary to intervene, saying the executive was oblivious to the blatant rights violations in the entire north-east. He highlighted the fact that Ms. Sharmila had last month refused the Kovilan Smaraka Activist India National Award given by the Kerala-based Kovilan Trust, saying she would not accept any honour from any individual or organisation until and unless the AFSPA was scrapped.

Jammu and Kashmir chief minister Omar Abdullah on Monday said he wanted a phased withdrawal of a legislation that gives sweeping powers to armed forces but would not fix a deadline.

"There is no deadline for the removal of AFSPA (Armed Forces Special Powers Act) as of now, but it will go and the work is in progress on this count," Abdullah told reporters.

He was speaking after the ceremonial opening of government offices in this winter capital.

The "Durbar move" is a more than a century-old practice in Jammu and Kashmir when the seat of government shifts to Jammu in winter and to Srinagar with the onset of summer.

The practice was started by Dogra rulers of the state in the 1870s.
Abdullah had injected a new urgency in the removal of the AFSPA in October last year when he proclaimed that it would be withdrawn from some parts of the state within "the next few days".

He has since faced questions on when that promise would be made good.
The chief minister said Monday: "AFSPA will go. But when, I cannot tell, for no deadline has been set at this stage."

Asked about the threat of the Pakistan-based separatist leader Syed Salahuddin to target village heads in the state, Abdullah said the government would take measures to deal with it.


The Irom Lady
By Julius Tongbram
04 November, 2012
Countercurrents.org
Save Sharmila Solidarity Campaign is observing 12 Article series to reflect 12 years of suppression of Irom Sharmila's fast. Irom Sharmila is completing her 12 years of fast on 5th November. This is the 11th in the series
Truth is the first casualty of war. No exception. What happens out in the land of the Kangleicha's now is a shameful history of anger, lies and empty promises.
Who is to be blamed? That is the question everyone ponders upon. Only a handful seems to be bothered to ask what lies ahead. Only a handful seems to care enough to look around for a solution. There are many to be blamed. It ranges from each one of us all the way to the so-called elected bodies who are supposed to represent "The People".
This time every year, we vent our anger and disappointment in manners that is of no help to the cause. Those few who try and put it into action are hopelessly helpless and out of options. In the land of Kangleicha's, home to warriors who fought for their land countless times against foreign hands, lingers a woman fighting relentlessly for twelve years. Here we are, talking and writing about her. Here we are, sitting cosily in our homes and writing a few lines to sing praises of her.
Sadly, that is all that we can do. Why? Because we aren't made of what she is made of. There she lies on a hospital bed fighting for us. Silent. Resolved. Patient. Faithful. If she falls, blames fall in our hands. There will probably be a pandemonium for the next few days. Things could change with that surge of anger and force.
There would be one question that would come to my mind then. Why have we been silent for so long while she fights a long and lonely battle for all of us?
There are many ifs and buts that will come into place to discuss the situation in hand. However, few seem to consider humanity and compassion as a matter of concern. One cannot describe the magnitude of the indifference and disregard that has been meted out by each one of us towards her plight. It is only left to time now.
I can't say or do anything differently to put this dilemma to an end. Unfortunately, the fate of Kangleicha's future is tied to her now whether one wants to accept it or not. What saddens me the most is that there is very little hope to end this anytime soon and work towards a brighter future for those who are affected by this plague of fear, uncertainty and indecision.
They say, miracles do happen at the most unexpected of times. We, Kangleicha's could use one now.
Julius Tongbram is a MBA student from Bangalore. He is the Guwahati co-ordinator for Save Sharmila Solidarity Campaign. He can be mailed at j.tongbram@yahoo.com
http://www.countercurrents.org/tongbram041112.htm

Armed Forces Special Powers Act:

A study in National Security tyranny

1. INTRODUCTION

The Armed Forces (Special Powers) Act of 1958 (AFSPA) is one of the more draconian legislations that the Indian Parliament has passed in its 45 years of Parliamentary history. Under this Act, all security forces are given unrestricted and unaccounted power to carry out their operations, once an area is declared disturbed. Even a non-commissioned officer is granted the right to shoot to kill based on mere suspicion that it is necessary to do so in order to "maintain the public order".

The AFSPA gives the armed forces wide powers to shoot, arrest and search, all in the name of "aiding civil power." It was first applied to the North Eastern states of Assam and Manipur and was amended in 1972 to extend to all the seven states in the north- eastern region of India. They are Assam, Manipur, Tripura, Meghalaya, Arunachal Pradesh, Mizoram and Nagaland, also known as the "seven sisters". The enforcement of the AFSPA has resulted in innumerable incidents of arbitrary detention, torture, rape, and looting by security personnel. This legislation is sought to be justified by the Government of India, on the plea that it is required to stop the North East states from seceeding from the Indian Union. There is a strong movement for self-determination which precedes the formation of the Indian Union.



2. HISTORICAL BACKGROUND

As the great Himalayan range dividing South and Central Asia runs down the east, it takes a southward curve and splits into lower hill ranges. The hills are punctuated by valleys and the valleys are washed by the rivers that drain into to the Bay of Bengal. Waves of people settled in these blue hills and green valleys at various times in history. They brought with them cultures and traditions. The new interacted with the old and evolved into the unique cultural mosaic that characterizes the region.

Through the centuries, these hills and valleys have bridged South, South East, and Central Asia. On today's geo-political map, a large part of the original region constitutes the seven states of the Republic of India, but its political, economic and socio-cultural systems have always been linked with South East Asia. The great Hindu and Muslim empires that reigned over the Indian sub-continent never extended east of the Bhramaputra river.

India's British colonizers were the first to break this barrier. In the early 19th century, they moved in to check the Burmese expansion into today's Manipur and Assam. The British, with the help of the then Manipur King, Gambhir Singh, crushed the Burmese imperialist dream and the treaty of Yandabo was signed in 1828. Under this treaty, Assam became a part of British India and the British continued to influence the political affairs of the region.

This undue interference eventually led to the bloody Anglo- Manipuri conflict of 1891. The British reaffirmed their position but were cognizant of the ferocious spirit of independence of these people and did not administer directly but only through the King.

It was during the Second World War, when the Japanese tried to enter the Indian sub-continent through this narrow corridor, that the strategic significance of the region to the Indian armed forces was realised. With the bombing of the Hiroshima and Nagasaki, a disenchanted Japanese had to retreat from Imphal and Kohima fronts, however the importance of control over the region subsequently remained a priority for the Government of India.

With the end of the war, the global political map was changed over night. As the British were preparing to leave Asia, the Political Department of the British Government planned to carve out a buffer state consisting of the Naga Hills, Mikir Hills, Sadiya Area, Balipara Tract, Manipur, Lushai Hills, Khasi and Hills in Assam, as well as the Chin Hills and the hills of northern Burma. The impending departure of the British created confusion and turmoil over how to fill the political vacuum they would leave behind. Ultimately, the various territories were parceled out to Nehru's India, Jinnah's Pakistan, Aung Sang's Burma and Mao's China according to strategic requirements. As expected, there were some rumblings between the new Asiatic powers on who should get how much - India and Burma over Kabow valley, India and East Pakistan over Chittagong Hill Tracts, and India and China over the North-East Frontier Agency (NEFA), present day Arunachal Pradesh.

Compromises were made, and issues were finally settled in distant capitals, to the satifaction of the new rulers. The people who had been dwelling in these hills and valleys for thousands of years were systematically excluded from the consultation process. The Indian share of the British colonial cake in this region constitutes the present "Seven Sisters" states of the North-East.

Over the years, thanks to the British, the advent of western education and contact with new ideas brought about the realization that the old ways had to give way to the new. Indigenous movements evolved as the people aspired to a new social and political order. For example, in the ancient Kingdom of Manipur, under the charismatic leadership of Hijam Irabot, a strong popular democratic movement against feudalism and colonialism was raging. After the departure of the British, the Kingdom of Manipur was reconstituted as a constitutional monarchy on modern lines by passing the Manipur Constitution Act, 1947.

Elections were held under the new constitution. A legislative assembly was formed. In 1949, Mr V P Menon, a senior representative of the Government of India, invited the King to a meeting on the pretext of discussing the deteriorating law and order situation in the state at Shillong. Upon his arrival, the King was allegedly forced to sign under duress the merger agreement. The agreement was never ratified in the Manipur Legislative Assembly. Rather, the Assembly was dissolved and Manipur was kept under the charge of a Chief Commissioner. There were protests, but the carrot-and-stick policy launched by the Indian Government successfully suppressed any opposition.

The Naga Movement

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.

In 1975, some Naga leaders held talks with the Government of India which resulted in what is known as the Shillong Accord. The Naga leaders who did not agree with the Shillong accord formed the National Socialist Council of Nagaland (NSCN) and continue to fight for what they call," Naga sovereignty".

Problems of Integration

Much of this historical bloodshed could have been avoided if the new India had lived up to the democratic principles enshrined in its Constitution and respected the rights of the nationalities it had taken within its borders. But in the over-zealous efforts to integrate these people into the "national mainstream", based on the dominant brahminical Aryan culture, much destruction has been done to the indigenous populations.

Culturally, the highly caste ridden, feudal society is totally incompatible with the ethics of North-East cultures which are by and large egalitarian. To make matters even worse, the Indian leaders found it useful to club these ethnic groups with the adivasis (indigenous peoples) of the sub-continent, dubbing them "scheduled tribes". As a result, in the casteist Indian social milieu, indigenous peoples are stigmatized by higher castes.

The languages of the North-East are of the Tibeto- Chinese family rather than the Indo-Aryan or Dravidian. Until the recent Eighth Schedule of the Indian Constitution, none of the Tibeto- Chinese languages were recognized as Indian languages. The predominantly mongoloid features of the people of the North-East is another barrier to cultural assimilation.

Politically dependent, the North East is being economically undermined; the traditional trade routes with South East Asia and Bangladesh have been closed. It was kept out of the Government of India's massive infrastructural development in the first few five-year-plans. Gradually, the region has become the Indian capitalist's hinterland, where local industries have been reduced to nothing and the people are now entirely dependent on goods and businesses owned predominantly by those from the Indo- Gangetic plains. The economic strings of this region are controlled by these, in many cases, unscrupulous traders.

All the states of the North-East are connected to India by the "chicken's neck", a narrow corridor between Bangladesh and Bhutan. At partition, the area was cut off from the nearest port of Chittagong, in what is now Bangladesh, reducing traffic to and from the region to a trickle. The states in the region are largely unconnected to India' vast rail system.

India freely exploits the natural resources of the North-East. Assam produces one-fourth of all the petroleum for India, yet it is processed outside of Assam so the state does not receive the revenues. Manipur is 22% behind the national average for infrastructural development, and the entire North-Eastern region is 30% behind the rest of India.

Observers have pointed out that "...it is clear that in the North East, insurgency and underdevelopment have been closely linked; in such a situation strong-arm tactics will only help to further alienate the people."

The shifting demographic balance due to large-scale immigration from within and outside the country is another source of tension. The indigenous people fear that they will be outnumbered by outsiders in their own land. Laborers from Bihar and Bengal who live under rigidly feudal, casteist socio-economic conditions in their states are ready to do all kinds of menial jobs at much lower wages. As they pour in, more and more local laborers are being edged out of their jobs. Illegal immigration from Bangladesh and Nepal is also percieved as a threat. In Tripura, the indigenous population has been reduced to a mere 28% of the total population of the state because of large scale immigration from then East Pakistan and now Bangladesh.

In Assam, a similar fear of " immigrant invasion" was at the root of a student movement in the early eighties. The student leaders formed a political party called the Assam Gana Parisad (AGP) and contested state elections and won. In 1984, the Assam Accord was signed with the Central Government. However, the provisions of the Accord were never implemented. The failure of the AGP to bring about change in the state of Assam fostered the growth of the armed and overtly seccessionist United Liberation Front of Assam (ULFA).

Mizoram

In the Lushai hills of Assam in the early sixties, a famine broke out. A relief team cried out for help from the Government of India. But there was little help. The relief team organized themselves into the Mizo National Front (MNF) and called for an armed struggle, " to liberate Mizoram from Indian colonialiasm." In February 1966, armed militant groups captured the town of Aizawl and took possession of all government offices. It took the Indian army one week to recapture the town. The army responded viciously with air raids. This is the only place in India where the Indian Security Forces actually aerially bombed its own civilian population. The armed forces compelled people to leave their homes and dumped them on the roadside to set up new villages, so that the armed forces would be able to better control them. This devastated the structure of Mizo society. In 1986, the Mizo Accord was signed between the MNF and the Government of India. This accord was identical to the Shilong Accord made with the Nagas earlier. The MNF agreed to work within the Indian Constitution and to renounce violence.

The Government of India's primary interest in the North East was strategic, and so was its response to the problems. A series of repressive laws were passed by the Government of India in order to deal with this uprising. In 1953, the Assam Maintenance of Public Order (Autonomous District) Regulation Act was passed. It was applicable to the then Naga Hills and Tuensang districts. It empowered the Governor to impose collective fines, prohibit public meetings and and detain anybody without a warrant.

On 22 May 1958, a mere 12 days after the Budget Session of Parliament was over, the Armed Forces (Assam-Manipur) Special Powers Ordinance was passed. A bill was introduced in the Monsoon session of Parliament that year. Amongst those who cautioned against giving such blanket powers to the Army included the then Deputy Chairman of the Rajya Sabha, (Upper House of the Indian Parliament), Mr P N Sapru. In a brief discussion that lasted for three hours in the Lok Sabha and for four hours in the Rajya Sabha, Parliament approved the Armed Forces (Assam- Manipur) Special Powers Act with retrospective from 22 May 1958.



3. THE ACT AND ITS PROVISIONS

Section 1: This section states the name of the Act and the areas to which it extends (Assam, Manipur, Meghalaya, Nagaland, Tripura, Arunachal Pradesh and Mizoram).

Section 2: This section sets out the definition of the Act, but leaves much un-defined. Under part (a) in the 1972 version, the armed forces were defined as "the military and Air Force of the Union so operating". In the 1958 version of the Act the definition was of the "military forces and the air forces operating as land forces". In the Lok Sabha Debates which led to the passing of the original Act, Mr Naushir Bharucha commented, "that probably means that the Government very mercifully has not permitted the air forces to shoot or strafe the area ... or to bomb." The Minister of Home Affairs did not confirm this interpretation, but certainly "acting as land forces" should rule out the power to resort to aerial bombardment. Nevertheless, in 1966, the Air Force in Mizoram did resort to aerial bombardment.

Section 2(b) defines a "disturbed area" as any area declared as such under Clause 3 (see discussion below). Section 2(c) states that all other words not defined in the AFSPA have the meanings assigned to them in the Army Act of 1950.

Section 3: This section defines "disturbed area" by stating how an area can be declared disturbed. It grants the power to declare an area disturbed to the Central Government and the Governor of the State, but does not describe the circumstances under which the authority would be justified in making such a declaration. Rather, the AFSPA only requires that such authority be "of the opinion that whole or parts of the area are in a dangerous or disturbed condition such that the use of the Armed Forces in aid of civil powers is necessary." The vagueness of this definition was challenged in Indrajit Barua v. State of Assam case. The court decided that the lack of precision to the definition of a disturbed area was not an issue because the government and people of India understand its meaning. However, since the declaration depends on the satisfaction of the Government official, the declaration that an area is disturbed is not subject to judicial review. So in practice, it is only the government's understanding which classifies an area as disturbed. There is no mechanism for the people to challenge this opinion. Strangely, there are acts which define the term more concretely. In the Disturbed Areas (Special Courts) Act, 1976, an area may be declared disturbed when "a State Government is satisfied that (i) there was, or (ii) there is, in any area within a State extensive disturbance of the public peace and tranquility, by reason of differences or disputes between members of different religions, racial, language, or regional groups or castes or communities, it may ... declare such area to be a disturbed area." The lack of precision in the definition of a disturbed area under the AFSPA demonstrates that the government is not interested in putting safeguards on its application of the AFSPA.

The 1972 amendments to the AFSPA extended the power to declare an area disturbed to the Central Government. In the 1958 version of the AFSPA only the state governments had this power. In the 1972 Lok Sabha debates it was argued that extending this power to the Central Government would take away the State's authority. In the 1958 debates the authority and power of the states in applying the AFSPA was a key issue. The Home Minister had argued that the AFSPA broadened states' power because they could call in the military whenever they chose. The 1972 amendment shows that the Central Government is no longer concerned with the state's power. Rather, the Central Government now has the ability to overrule the opinion of a state governor and declare an area disturbed. This happened in Tripura, when the Central Government declared Tripura a disturbed area, over the opposition of the State Government.

In the 1972 Lok Sabha debates, Mr S D Somasundaram pointed out that there was no need to extend this power to the Central Government, since the President had "the power to intervene in a disturbed State at any time" under the Constitution. This point went unheeded and the Central Government retains the power to apply the AFSPA to the areas it wishes in the Northeast.

Section 4: This section sets out the powers granted to the military stationed in a disturbed area. These powers are granted to the commissioned officer, warrant officer, or non-commissioned officer, only a jawan (private) does not have these powers. The Section allows the armed forces personnel to use force for a variety of reasons.

The army can shoot to kill, under the powers of section 4(a), for the commission or suspicion of the commission of the following offenses: acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons, carrying weapons, or carrying anything which is capable of being used as a fire-arm or ammunition. To justify the invocation of this provision, the officer need only be "of the opinion that it is necessary to do so for the maintenance of public order" and only give "such due warning as he may consider necessary".

The army can destroy property under section 4(b) if it is an arms dump, a fortified position or shelter from where armed attacks are made or are suspected of being made, if the structure is used as a training camp, or as a hide-out by armed gangs or absconders.

The army can arrest anyone without a warrant under section 4(c) who has committed, is suspected of having committed or of being about to commit, a cognisable offense and use any amount of force "necessary to effect the arrest".

Under section 4(d), the army can enter and search without a warrant to make an arrest or to recover any property, arms, ammunition or explosives which are believed to be unlawfully kept on the premises. This section also allows the use of force necessary for the search.

Section 5: This section states that after the military has arrested someone under the AFSPA, they must hand that person over to the nearest police station with the "least possible delay". There is no definition in the act of what constitutes the least possible delay. Some case-law has established that 4 to 5 days is too long. But since this provision has been interpreted as depending on the specifics circumstances of each case, there is no precise amount of time after which the section is violated. The holding of the arrested person, without review by a magistrate, constitutes arbitrary detention.

Section 6: This section establishes that no legal proceeding can be brought against any member of the armed forces acting under the AFSPA, without the permission of the Central Government. This section leaves the victims of the armed forces abuses without a remedy.



4. LEGAL ANALYSIS

The Armed Forces Special Powers Act contravenes both Indian and International law standards. This was exemplified when India presented its second periodic report to the United Nations Human Rights Committee in 1991. Members of the UNHRC asked numerous questions about the validity of the AFSPA, questioning how the AFSPA could be deemed constitutional under Indian law and how it could be justified in light of Article 4 of the ICCPR. The Attorney General of India relied on the sole argument that the AFSPA is a necessary measure to prevent the secession of the North Eastern states. He said that a response to this agitation for secession in the North East had to be done on a "war footing." He argued that the Indian Constitution, in Article 355, made it the duty of the Central Government to protect the states from internal disturbance, and that there is no duty under international law to allow secession.

This reasoning exemplifies the vicious cycle which has been instituted in the North East due to the AFSPA. The use of the AFSPA pushes the demand for more autonomy, giving the peoples of the North East more reason to want to secede from a state which enacts such powers and the agitation which ensues continues to justify the use of the AFSPA from the point of view of the Indian Government.

A) INDIAN LAW

There are several cases pending before the Indian Supreme Court which challenge the constitutionality of the AFSPA. Some of these cases have been pending for over nine years. Since the Delhi High Court found the AFSPA to be constitutional in the case of Indrajit Barua and the Gauhati High court found this decision to be binding in People's Union for Democratic Rights, the only judicial way to repeal the act is for the Supreme Court to declare the AFSPA unconstitutional.

It is extremely surprising that the Delhi High Court found the AFSPA constitutional given the wording and application of the AFSPA. The AFSPA is unconstitutional and should be repealed by the judiciary or the legislature to end army rule in the North East.


  • Violation of Article 21 - Right to life

  • Article 21 of the Indian Constitution guarantees the right to life to all people. It reads, "No person shall be deprived of his life or personal liberty except according to procedure established by law." Judicial interpretation that "procedure established by law means a "fair, just and reasonable law" has been part of Indian jurisprudence since the 1978 case of Maneka Gandhi. This decision overrules the 1950 Gopalan case which had found that any law enacted by Parliament met the requirement of "procedure established by law".

  • Under section 4(a) of the AFSPA, which grants armed forces personnel the power to shoot to kill, the constitutional right to life is violated. This law is not fair, just or reasonable because it allows the armed forces to use an excessive amount of force.

  • The offenses under section 4(a) are: "acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or fire-arms, ammunition or explosive substances". None of these offences necessarily involve the use of force. The armed forces are thus allowed to retaliate with powers which are grossly out of proportion with the offence.

  • Justice requires that the use of force be justified by a need for self-defense and a minimum level of proportionality. As pointed out by the UN Human Rights Commission, since "assembly" is not defined, it could well be a lawful assembly, such as a family gathering, and since "weapon" is not defined it could include a stone. This shows how wide the interpretation of the offences may be, illustrating that the use of force is disproportionate and irrational.

  • Several incidents show how the Border Security Force (BSF) and army personnel abuse their powers in the North East. In April 1995, a villager in West Tripura was riding near a border outpost when a soldier asked him to stop. The villager did not stop and the soldier shot him dead. Even more grotesque were the killings in Kohima on 5 March 1995. The Rastriya Rifles (National Rifles) mistook the sound of a tyre burst from their own convoy as a bomb attack and began firing indiscriminately in the town. The Assam Rifles and the CRPF who were camped two kilometers away heard the gunshots and also began firing. The firing lasted for more than one hour, resulting in the death of seven innocent civilians, 22 were also seriously injured. Among those killed were two girls aged 3 1/2 and 8 years old. The injured also included 7 minors. Mortars were used even though using mortars in a civilian area is prohibited under army rules.

  • This atrocity demonstrates the level of tension prevalent in the North East. For a tire burst to be mistaken for a bomb proves that the armed forces are perpetually under stress and live under a state of siege.

  • In the Indrajit Barua case, the Delhi High Court found that the state has the duty to assure the protection of rights under Article 21 to the largest number of people. Couched in the rhetoric of the need to protect the "greater good", it is clear that the Court did not feel that Article 21 is a fundamental right for the people of Assam. The Court stated, "If to save hundred lives one life is put in peril or if a law ensures and protects the greater social interest then such law will be a wholesome and beneficial law although it may infringe the liberty of some individuals."

  • This directly contradicts Article 14 of the Indian Constitution which guarantees equality before the law. This article guarantees that "the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." The AFSPA is in place in limited parts of India. Since the people residing in areas declared "disturbed" are denied the protection of the right to life, denied the protections of the Criminal Procedure Code and prohibited from seeking judicial redress, they are also denied equality before the law. Residents of non-disturbed areas enjoy the protections guaranteed under the Constitution, whereas the residents of the Northeast live under virtual army rule. Residents of the rest of the Union of India are not obliged to sacrifice their Constitutional rights in the name of the "greater good".


  • Protection against arrest and detention - Article 22

  • Article 22 of the Indian Constitution states that "(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate." The remaining sections of the Article deal with limits on these first two sections in the case of preventive detention laws. On its face, the AFSPA is not a preventive detention law therefore the safeguards of sections (1) and (2) must be guaranteed to people arrested under the AFSPA.

  • Section (2) of Article 22 was the subject of much debate during the framing of the Indian Constitution. There was argument over whether the time limit should be specified or whether the words "with the least possible delay" should be used. Dr Amedkar, one of the principal framers of the Indian Constitution argued that "with the least possible delay" would actually result in the person being held for a shorter period of time, whereas "twenty- four hours" would result in the person being held for the maximum time of twenty-four hours. The application of these terms has since shown that a specified time period constitutes a greater safeguard. Under the AFSPA, the use of "least possible delay" language has allowed the security forces to hold people for days and months at a time. A few habeas corpus cases in which the court did find the delay to be excessive are indicative of the abuses which are occurring in practice. It should be noted that habeas corpus cases are only filed for those who have access to lawyers and the court. In all the seven states of the North East only the Guwhati High Court bench in Assam can hear habeas corpus cases. So although in the two following cases the time of delay in handing over the arrested person was found excessive, it can only be imagined what types of abuses occur in the states of Manipur and Nagaland where the people do not have access to the court. In Nungshitombi Devi v. Rishang Keishang, CM Manipur, (1982) 1 GLR 756, the petitioner's husband was arrested by CRPF on 10 January 1981, and was still missing on 22 February 1981. He had been arrested under AFSPA Section 4(c). The court found this delay to have been too long and unjustified, even under Section 5 of the AFSPA. In Civil Liberties Organisation (CLAHRO) v. PL Kukrety, (1988) 2 GLR 137, people arrested in Oinam were held for five days before being handed over to magistrates. The court found this to be an unjustified delay.

  • In its application, the AFSPA does lead to arbitrary detention. If the AFSPA were defended on the grounds that it is a preventive detention law, it would still violate Article 22 of the Constitution. Preventive detention laws can allow the detention of the arrested person for up to three months. Under 22(4) any detention longer than three months must be reviewed by an Advisory Board. Moreover, under 22(5) the person must be told the grounds of their arrest. Under section 4(c) of the AFSPA a person can be arrested by the armed forces without a warrant and on the mere suspicion that they are going to commit an offence. The armed forces are not obliged to communicate the grounds for the arrest. There is also no advisory board in place to review arrests made under the AFSPA. Since the arrest is without a warrant it violates the preventive detention sections of article 22.

  • The case of Luithukla v. Rishang Keishing, (1988) 2 GLR 159, a habeas corpus case, exemplifies the total lack of restraint on the armed forces when carrying out arrests. The case was brought to ascertain the whereabouts of a man who had been arrested five years previously by the army. The court found that the man had been detained by the army and that the forces had mistaken their role of "aiding civil power". The court said that the army may not act independently of the district administration. Repeatedly, the Guwahati High Court has told the army to comply with the Code of Criminal Procedure (CrPC), but there are is no enforcement of these rulings.

  • Army officers have accused High Court judges of weakening military powers in the North East, exemplifying that the armed forces are not interested in complying with civil law standards. Any attempt by the courts to oblige compliance with police procedure is ignored. (see further section on the lack of independence of the judiciary)

  • In the habeas corpus case of Bacha Bora v. State of Assam, (1991) 2 GLR 119, the petition was denied because a later arrest by the civil police was found to be legal. However, in a discussion of the AFSPA, the court analyzed Section 5 (turn the arrested person over to the nearest magistrate "with least possible delay"). The court did not use Article 22 of the Constitution to find that this should be less than twenty-four hours, but rather said that "least possible delay" is defined by the particular circumstances of each case. In this case, the army had provided no justification for the two week delay, when a police station was nearby, so section 5 was violated. Nevertheless, this leaves open the interpretation that circumstances could justify a delay of 5 days or more.


  • The Indian Criminal Procedure Code ("CrPC")

  • The CrPC establishes the procedure police officers are to follow for arrests, searches and seizures, a procedure which the army and other para- military are not trained to follow. Therefore when the armed forces personnel act in aid of civil power, it should be clarified that they may not act with broader power than the police and that these troops must receive specific training in criminal procedure.

  • In explaining the AFSPA bill in the Lok Sabha in 1958, the Union Home Minister stated that the Act was subject to the provisions of the Constitution and the CrPC. He said "these persons [military personnel] have the authority to act only within the limits that have been prescribed generally in the CrPC or in the Constitution." If this is the case, then why was the AFSPA not drafted to say "use of minimum force" as done in the CrPC? If the government truly means to have the armed forces comply with criminal procedure, than the AFSPA should have a specific clause enunciating this compliance. Further it should also train the armed forces in this procedure.

  • The CrPC has a section on the maintenance of public order, Chapter X, which provides more safeguards than the AFSPA. Section 129 in that chapter allows for the dispersal of an assembly by use of civil force. The section empowers an Executive Magistrate, officer-in-charge of a police station or any police officer not below the rank of sub-inspector to disperse such an assembly. It is interesting to compare this section with the powers the army has to disperse assemblies under section 4(a) of the Act. The CrPC clearly delineates the ranks which can disperse such an assembly, whereas the Act grants the power to use maximum force to even to non commissioned officers. Moreover, the CrPC does not state that force to the extent of causing death can be used to disperse an assembly.

  • Sections 130 and 131 of the same chapter sets out the conditions under which the armed forces may be called in to disperse an assembly. These two sections have several safeguards which are lacking in the Act. Under section 130, the armed forces officers are to follow the directives of the Magistrate and use as little force as necessary in doing so. Under 131, when no Executive Magistrate can be contacted, the armed forces may disperse the assembly but if it becomes possible to contact an Executive Magistrate at any point, the armed forces must do so. Section 131 only gives the armed forces the power to arrest and confine. Moreover, it is only commissioned or gazetted officers who may give the command to disperse such an assembly, whereas in the AFSPA even non-commissioned officers are given this power. The AFSPA grants wider powers than the CrPC for dispersal of an assembly.

  • Moreover, dispersal of assemblies under Chapter X of the CrPC is slightly more justifiable than dispersal under Section 4(a) of the AFSPA. Sections 129-131 refer to the unlawful assemblies as ones which "manifestly endanger" public security. Under the AFSPA the assembly is only classified as "unlawful" leaving open the possibility that peaceful assemblies can be dispersed by use of force.

  • Chapter V of the CrPC sets out the arrest procedure the police are to follow. Section 46 establishes the way in which arrests are to be made. It is only if the person attempts to evade arrest that the police officer may use "all means necessary to effect the arrest." However, sub-section (3) limits this use of force by stipulating that this does not give the officer the right to cause the death of the person, unless they are accused of an offence punishable by death or life imprisonment. This power is already too broad. It allows the police to use more force than stipulated in the UN Code of Conduct for Law Enforcement Officials (see section on International law below). Yet the AFSPA is even more excessive. Section 4(a) lets the armed forces kill a person who is not suspected of an offence punishable by death or life imprisonment.

  • Under the Indian Penal Code, at Section 302, only murder is punishable with death. Murder is not one of the offenses listed in section 4(a) of the AFSPA. Moreover the 4(a) offences are assembly of five or more persons, the carrying of weapons, ammunition or explosive substances, none of which are punishable with life imprisonment under the Indian Penal Code. Under section 143 of the Penal Code, being a member of an unlawful assembly is punishable with imprisonment of up to six months and/or a fine. Even if the person has joined such unlawful assembly armed with a deadly weapon, the maximum penalty is imprisonment for two years and a fine. Moreover, persisting or joining in an unlawful assembly of five or more persons is also punishable with six months imprisonment, or a fine, or both. The same offence committed by someone in a disturbed area under the AFSPA is punishable with death. This again violates the Constitutional right to equality before the law. Different standards of punishment are in place for the same act in different parts of the country, violating the equality standards set out in the Constitution.

  • Supposedly the military do have instructions on the procedures they are to follow when they act in aid of civil power. In People's Union for Democratic Rights v. Union of India, (1991) 2 GLR 1, when the court reviewed the army's powers it referred to two sets of instructions issued to the military when acting in aid of civil power. The first was a 1969 pamphlet issued by the Government of India as guidance for military but it was confidential and the court was not allowed to review it. A 1973 basic book instructions for army acting in aid of civil power was also referred to in the case. In a personal meeting with Justice Raghuvir, former Chief Justice of the Guwahati High Court, and the Justice who wrote the opinion in People's Union for Democratic Rights, SAHRDC asked for details on the nature of these instructions. Justice Raghuvir told us that he was only able to see a few pages and that the whole booklet was not available to non-military personnel. He believes that the military keeps these instruction manuals confidential so that it can not be shown that the armed forces fail to comply with their own standards. This is another example of the lack of judicial review and allows the armed forces to remain above the law.


  • Military's Immunity / Lack of Remedies

  • The members of the Armed Forces in the whole of the Indian territory are protected from arrest for anything done within the line of official duty by Section 45 of the CrPC. Section 6 of the AFSPA provides them with absolute immunity for all atrocities committed under the AFSPA. A person wishing to file suit against a member of the armed forces for abuses under the AFSPA must first seek the permission of the Central Government.

  • In a report on the AFSPA to the UN Human Rights Committee in 1991, Nandita Haksar, a lawyer who has often petitioned the Guwahati High Court in cases related to the AFSPA, explains how in practice this leaves the military's victims without a remedy. Firstly, there has not been a single case of any one seeking such permission to file a case in the North East. Given that the armed forces personnel conduct themselves as being above the law and the people are alienated from the state government, it is hardly surprising that no one would approach Delhi for such permission. Secondly, when the armed forces are tried in army courts, the public is not informed of the proceedings and the court martial judgments are not published. In a meeting with the government National Human Rights Commission (NHRC), a representative of SAHRDC was able to discuss cases where BSF and armed forces in Jammu and Kashmir were punished for abuses. Yet, the results of these trials were not published and the NHRC representative stated that it would endanger the lives of the soldiers.

  • This section of the AFSPA was also reviewed in Indrajit Barua. The High Court justified this provision on the grounds that it prevents the filing of "frivolous claims". The court even said that this provision provides more safeguards, obviously confusing safeguards for the military with safeguards for the victims of the military's abuses.

  • Instances of human rights abuses by the army have shown that unless there is public accountability there is no incentive for the army to change its conduct. This was exemplified in Burundi when security forces killed 1,000 people in October 1991. Amnesty International reported, "The failure to identify those responsible for human rights violations and bring them to justice has meant that members of the security forces continue to believe that they are above the law and can violate human rights with impunity." Without the transparency of the public accounting, it is impossible to be sure that perpetrators are actually punished.

  • Habeas corpus cases have been the only remedy available for those arrested under the AFSPA. A habeas corpus case forces the military or police to hand the person over to the court. This gives the arrested person some protection and it is in these cases that legal counsel have been able to make arguments challenging the AFSPA. However, a habeas corpus case will not lead to the repeal of the act nor will it punish particular officers who committed the abuses. Also, only people who have access to lawyers will be able to file such a case.

  • Section 6 of the AFSPA thus suspends the Constitutional right to file suit. Mr Mahanty raised this crucial argument in the first Lok Sabha debate on the AFSPA in 1958. He said that Section 6 of the AFSPA "immediately takes away, abrogates, pinches, frustrates the right to constitutional remedy which has been given in article 32(1) of the Constitution." This further shows that the AFSPA is more than an emergency provision because it is only in states of emergency that these rights can be constitutionally suspended.

  • Section 32(1) of the Constitution states that "the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed." In the Constitutional Assembly debates, Dr B R Ambedkar said, "If I was asked to name any particular article of the Constitution as the most important - an article without which this Constitution would be a nullity. I would not refer to any other article except this one (Article 32). It is the very soul of the Constitution and the very heart of it."

  • During the emergency in 1975 the right to file for writs of habeas corpus was suspended as ruled by the Supreme Court in A.D.M. v. Shivakant Shukla, (1976) 2 SCC 521. The Emergency had been declared under Section 359 of the Constitution. This section has now been amended, stating that the fundamental rights of section 20 and 21 cannot be suspended, even in a state of emergency. Therefore, should an emergency be declared today, the right to file habeas corpus on the grounds that the fundamental right to life has been denied should be allowed. Nevertheless, the 1975 case exemplifies the court's deference for the executive, even if it means a total suspension of individual liberty.

  • In the 1958 Lok Sabha, debate also occured about whether the right to file suit was a guaranteed right under the Constitution. The Speaker said, "Now who is to decide whether a right is one which has been guaranteed under this article? (article 32) The Supreme Court will decide it." Turning to this argument later, the Home Minister pointed out that under the Criminal Procedure Code and the Civil Procedure Code that the Government's consent was already required before a member of the armed forces could be sued in connection with their duties. This remains the case under both Codes today. Since, as seen above, the Supreme Court so readily defers to the executive and legislative branches, if the legislature does not pause to ask if a provision is constitutional, should the court review it once the legislature has passed it, it will most likely be deemed constitutional.


  • The Army Act

  • The 1950 act was a revision of the 1911 Indian Army Act. One of the goals of this revision was "to bridge the gap between the Army and civil laws as far as possible in the matter of punishments of offenses." The High Courts of the country have a limited right to interfere with the court-martial system. Court-martial proceedings do not have to satisfy Article 21 of the Constitution. In chapter five of the Army Act, the members of the services are granted privileges, including immunity from attachments and arrest for debt. The only civil acts committed by members of the army which are not triable by court-martial are murder or rape of a civilian, unless this was done while on active service. This means that soldiers operating under the AFSPA will, if tried at all, be tried by court-martial, leaving no civil law remedy for the victims. Section 6 of the AFSPA only further reinforces the army's immunity.


  • States of Emergency

  • The declaration that an area is disturbed essentially amounts to declaring a state of emergency but by-passes the Constitutional safeguards. The point that this bill invokes a state of emergency was raised immediately by Mr Mahanty (Dhenkanal) in the 1958 Lok Sabha debates. He said the Assembly could not proceed if Section 352(1) of the Constitution was not fulfilled. In response, Mr K C Pant, then Home Minister, attempted to argue that the powers granted under the AFSPA do not resemble a state of emergency. He said that in an emergency fundamental rights can be abrogated and that the AFSPA does not abrogate those rights. But under Section 4(a) the right to life is clearly violated. An officer shooting to kill, because he is of the opinion that it is necessary, does not conform, even prima facie, with the Article 21 Constitutional requirement that the right to life cannot be abridged except according to procedure established by law. The Home Minister said the AFSPA powers stem rather from Article 355 of the Constitution, which gives the Central Government authority to protect the States against external aggression.

  • Dr Krishnaswanmi (Chingleput) also made the argument that the AFSPA was outside the powers granted in the Constitution, since it was declaring a state of emergency without following the Constitutional provisions for such a declaration. He argued that this Bill would take away the State's power by bringing in the military. The Speaker responded that this did not take away the State's power, rather it granted the States more power because it allowed them to decide to "hand over thoroughly, entirely and completely to the Armed Forces". This argument is circular - the Speaker was saying that the States are given more power because they are now able to freely hand over their power. And because this was explained as granting power to the States, no Presidential proclamation was necessary (the proclamation is only made when the State powers are restricted). So the emergency provisions in the Constitution were cleverly by-passed.

  • In a state of emergency, fundamental rights may be suspended under Article 359, since the 1978 amendment to this article, rights under Articles 20 and 21 may not be suspended. As shown above, the AFSPA results in the suspension of Article 21 right to life, therefore AFSPA is more draconian than emergency rule. Emergency rule can only be declared for a specified period of time, and the President's proclamation of emergency must be reviewed by Parliament. The AFSPA is in place for an indefinite period of time and there is no legislative review.

  • The UN Working Group on Arbitrary Detention noted in its report of 17 December 1993, that states of emergency tend to be a "fruitful source of arbitrary arrests." In its report of 21 December 1994, the Working Group concluded that preventive detention is "facilitated and aggravated by several factors such as ... exercise of the powers specific to states of emergency without a formal declaration, non-observance of the principle of proportionality between the gravity of the measures taken and the situation concerned, too vague a definition of offenses against State security, and the existence of special or emergency jurisdictions." This describes exactly the situation under the AFSPA. The AFSPA grants state of emergency powers without declaring an emergency as prescribed in the Constitution. The measures taken by the military outweigh the situation in the North East, notably the power to shoot to kill. The offences are not clearly defined, since all of the Section 4 offences are judged subjectively by the military personnel. And the AFSPA is a "special jurisdiction" provision.

B) INTERNATIONAL LAW

Under relevant international human rights and humanitarian law standards there is no justification for such an act as the AFSPA. The AFSPA, by its form and in its application, violates the Universal Declaration of Human Rights (the "UDHR"), the International Covenant on Civil and Political Rights (the "ICCPR"), the Convention Against Torture, the UN Code of Conduct for Law Enforcement Officials, the UN Body of Principles for Protection of All Persons Under any form of Detention, and the UN Principles on Effective Prevention and Investigation of Extra- legal and summary executions.

A UDHR argument would just be repetitive with ICCPR so SAHRDC has not done it but the UDHR articles which the AFSPA violates are the following: 1 - Free and Equal Dignity and rights, 2 - Non- discrimination, 3 - Life, liberty, security of person, 5 - no torture, 7 - equality before the law, 8 - effective remedy, 9 - no arbitrary arrest, 17 - property.


  • International Covenant on Civil and Political Rights ("ICCPR")

  • India signed the ICCPR in 1978, taking on the responsibility of securing the rights guaranteed by the Covenant to all its citizens. The rights enunciated by the ICCPR are those which must be guaranteed during times of peace by the member states. In times of public emergency, the ICCPR foresees that some rights may have to be suspended. However, the ICCPR remains operative even under such circumstances since certain rights are non- derogable. The AFSPA violates both derogable and non-derogable rights.

  • This first article of the ICCPR states that all people have the right to self-determination. As discussed previously, the AFSPA is a tool in stifling the self-determination aspirations of the indigenous peoples of the North East.

  • Article 2 imposes an obligation on the states to ensure that all individuals enjoy the rights guaranteed by the Covenant. This includes an obligation to provide a remedy for those whose rights are violated. When India gave its second periodic report to the UN Human Rights Committee in March 1991, members of the Committee pointed out that the AFSPA violates this right because article 2 foresees more than just a legal system which provides such remedies, but requires that such a system work on the practical level.

  • Article 4 of the Covenant governs the suspension of some of the Covenant's rights. Derogation of the ICCPR has three conditions. Firstly, it is only "in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed" that states may derogate from their obligations under the ICCPR. Also, such derogation must be "strictly required by the exigencies of the situation" and cannot be inconsistent with other international law obligations nor "involve discrimination solely on the ground of race, colour, sex, language, religion or social origin." The AFSPA has been enacted without such an official proclamation of emergency and goes beyond the requirements of the situation. Moreover, the fact that the AFSPA targets the population of the North East shows that it does discriminate on the basis of social origin. Secondly, there can be no derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18. As discussed below, the AFSPA violates three of these, article 6 guaranteeing the right to life, article 7 prohibiting torture and article 8 prohibiting forced labour. Thirdly, any state which derogates from the ICCPR obligations must inform the other states party to the Covenant. India has not met this obligation as regards the AFSPA.

  • The AFSPA comes within the purview of article 4 as understood by the Human Rights Committee. The members found that since it "enables the army to supplement ... [the] civil authorities [in] powers of arrest, powers of search" the AFSPA is the equivalent of emergency legislation. Moreover, a committee member stated that the AFSPA had actually created a "continuous state of emergency" since it has been in application since 1958.

  • The greatest outrage of the AFSPA under both Indian and international law is the violation of the right to life. This comes under Article 6 of the ICCPR, and it is a non-derogable right. This means no situation, or state of emergency, or internal disturbance, can justify the suspension of this right. Committee members insisted on this particular point in regards to the AFSPA. They found that the powers to kill under the Act are simply too broad. As pointed out by a member of the committee, the offences under Section 4(a) for which the soldier may shoot do not threaten the soldier. The Code of Conduct for Law Enforcement Officials only foresees the use of deadly force when the officer is threatened with force. Under Section 4(a) of the AFSPA, the officer can shoot when there is an unlawful assembly, not defined as threatening, or when the person has or is suspected of having a weapon. Since "weapon" is defined as anything "capable of being used as a weapon", a committee member pointed out that this could even include a stone, further bringing out the lack of proportionality between the offence and the use of force by the army.

  • The armed forces in the North East have systematically tortured the people they arrested under the AFSPA. Article 7 of the ICCPR prohibits torture and this also is a non-derogable right. Moreover, the prohibition against torture is a "norm of customary law". Under the UDHR, torture is defined as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other person."

  • During Operation Bluebird, the Assam Rifles committed gross abuses of this right. The Operation was launched in the wake of an attack on an Assam Rifles outpost in Oinam, a village in Manipur. The attack is believed to have been carried out by the NSCN. The armed forces retaliated by perpetuating atrocities on the village people of Oinam. The Amnesty International report found that more than 300 villagers claimed they were beaten, "some torture victims were left for dead ... others were reportedly subjected to other forms of torture including inserting chili powder into sensitive parts of the body, being given electric shocks by means of a hand operated dynamo ... or being buried up to the neck in apparent mock executions." The headman of the village was also tortured and reported, "I was called out and repeatedly interrogated throughout the day ... I was beaten by the officers an jawans ... they also indiscriminately attack[ed] the villagers - ... chili powder dissolved in water [was] rubbed into the nostrils, eyes and soft parts of the body and [officers and jawans] took sadistic pleasure from the cries of pain by the victims."

  • Under similar circumstances in "Operation Rhino", Rajputana Rifles surrounded the village of Bodhakors on October 4, 1991. An extensive house to house searched was conducted during which women were sexually harassed and men were taken to interrogation camps. They were beaten up and kept without food or water. During this combing operation not a single insurgent was found. The People's Union for Civil Liberties (PUCL) noted, "It is very difficult to understand the logic such useless raids, mass torture and interrogations, unless the purpose is taken to be the creation of pure terror for some sinister and ulterior motives."

  • During Operation Bluebird, the military also forced the villagers of Oinam to work for them and provided them with no compensation. This violates article 8(3) of the ICCPR which prohibits forced labour. The Assam Rifles "rounded up villagers for forced labour for such tasks as porter service, building new army camps, washing clothes and carrying firewood."

  • Article 9 of the ICCPR guarantees liberty and security of person, and the AFSPA violates all five sub-parts of this right. Sub- part (1) guarantees that "Everyone has the right to liberty and security of person. No one shall be subject to arbitrary arrest or detention. No one shall be deprived of his Liberty except on such ground and in accordance with such procedure as are established by law." All the residents of a disturbed area are subject to arbitrary arrest. The military can arrest them on mere suspicion and detain them for unspecified amounts of time before handing them over to the nearest magistrate. Sub-part (2) states "Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him." The AFSPA does not require the arresting army officer to inform the person of the reason for their arrest. This is a requirement under Indian criminal procedure, but the military are not trained in this procedure. Sub-part (3) requires that "Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other official authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time of release." The AFSPA requires less than this since it states that the person should be brought to the nearest police station "with the least possible delay". Moreover, requiring the person to be handed over to the police station does not assure that they will be brought promptly before a judge.

  • Article 26 of the ICCPR, like article 14 of the Indian Constitution guarantees equal protection for all persons before the law. The AFSPA violates this right because the inhabitants of the North East do not have equal protection before the law. They live under a virtual but undeclared state of emergency and are given no remedy for the injustices they suffer at the hands of the military. Inhabitants of the rest of India, with the exception of Punjab and Kashmir are not subject to this law.

  • In response the UN Human Rights Committee in 1991, the Attorney General from India did not address the specific points of these various ICCPR articles. He justified the AFSPA under Section 355 of the Indian Constitution which makes it the duty of the Union to protect each state from external aggression. He said the AFSPA was necessary given the context of the North East where there is "infiltration of aliens into the territories mingling with the local public, and encouraging them towards this [secession]." He stated that the ICCPR does not encourage secession and governments are not encouraged to promote it. He said the AFSPA is a "temporary measure", not addressing the concern of committee members that the AFSPA has proven to be a longterm provision as it has been in force for over thirty years.


  • International Customary Law

  • The UN Code of Conduct for Law Enforcement Officials, the UN Body of Principles for Protection of All Persons Under any form of Detention, and the UN Principles on Effective Prevention and Investigation of Extra-legal and summary executions all form part of international customary law because they were passed by UN General Assembly resolutions. They lend further strength to the conclusion that the AFSPA violates basic human rights standards.

    1. The UN Code of Conduct for Law Enforcement Officials was adopted by the UN General Assembly in resolution 34/169 of 17 December 1979. This code applies to all security forces stationed in the North East since "law enforcement officials" are defined as all those who exercise police powers, and it can include military officers. The first article requires that, "Law enforcement officials shall at all times fulfil the duty imposed upon them by law, by serving the community and by protecting all persons against illegal act, consistent with the high degree of responsibility required by their profession." A high degree of responsibility is sadly lacking in the troops stationed in the North East. As exemplified by the atrocities noted above, the BSF, CRPF and Assam Rifles are not concerned with the requirements of the law enforcement profession, rather they are operating on a "war footing".

    2. The second article of the code requires that, "In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons." As demonstrated above, multiple provisions of the basic human rights standards in the ICCPR are violated under the AFSPA. The AFSPA encourages the military officers to violate human rights because it allows the armed forces to base arrests, searches and seizures on their subjective suspicion. The armed forces know their actions will not be reviewed and that they will not be held accountable for their actions. They have neither the training nor the incentive to comply with this article of the Code.

    3. Under Article 3 of the Code, "Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty." The Attorney General of India tried to convince the UN Human Rights Committee that the use of force under the AFSPA is strictly necessary and is "squarely within the requirements of Article 3 [of the Code]." However, this argument ignores the sub-sections of Article 3 which stipulate that "(a) This provision emphasizes that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders, no force going beyond that may be used." This provision aims at establishing proportionality between the use of force by an officer and the use of force by an offender. Under 4(a) of the AFSPA, the military personnel can use force against people who are not presenting any force. Under 4(c) they can use any amount of force necessary to arrest someone who is suspected of having committed, or being about to commit, an offence. Under 4(d), this same excessive use of force can be justified in entering and searching premises without a warrant.

    4. Sub-section (c) of the code further clarifies that "in general, firearms should not be used except when a suspected offender offers armed resistance or otherwise jeopardizes the lives of others and less extreme measures are not sufficient to restrain or apprehend the suspected offender." When armed forces fire upon an unlawful assembly under Section 4(a) they are violating this basic provision. Moreover, the fact that the armed forces have begun firing into crowds and lob mortar shells in the middle of a town in the North East proves they are not interested in "less extreme measures".

    5. Under the Code, the armed forces have no grounds on which to justify their broad powers in the North East. Article 5 of the code reads, "No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as state of war or a threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment." (emphasis added) This sweeps aside all the arguments made in the Lok Sabha to justify the original passage of the AFSPA, as well as the Attorney General's arguments before the UN Committee. Even if the North East is a "disturbed area" there is no justification for the human rights abuses being carried out by the military in the region.

    6. The Body of Principles on Detention or Imprisonment was passed by UN General Assembly resolution no. 43/173, on 9 December 1988. This body of principles applies to all persons under any form of detention. It further strengthens several of the points raised under both Indian and international law.

    7. Principle 10 states that "Anyone who is arrested shall be informed at the time of his arrest of the reason for his arrest and shall be promptly informed of the charges against him." The armed forces are not obliged to provide this information under the AFSPA. Moreover, under principle 14, "A person who does not adequately understand or speak the language used by the authorities responsible for his arrest, detention or imprisonment is entitled to receive [information] promptly in a language which he understands". Since the armed forces stationed in the North East are foreign to the region they are unable to comply with this principle. Under principle 32 the right to habeas corpus must be absolutely guaranteed.

    8. The Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions adopted by Economic and Social Council also offer guidance for the use of force. Principle 3 says, "Governments shall prohibit orders from superior officers or public authorities authorizing or inciting other person to carry out any such extra-legal, arbitrary or summary executions. All persons shall have the right and the duty to defy such orders. Training of law enforcement officials shall emphasize the above provisions." The armed forces operating in the North East should therefore not follow the excessive power to shoot to kill granted in the AFSPA.


  • International Humanitarian Law

  • The four Geneva Conventions of 1949 along with the two optional protocols, constitute the body of international humanitarian law. These provisions are suited to human rights protection in times of armed conflict. Under these conventions the International Committee of the Red Cross (ICRC) is given access to all international conflicts. In non-international armed conflicts, the ICRC can only offer its services.

  • The ICRC's mandate in the context of non-international armed struggle is based on Protocol II to the Geneva Conventions. However, India has not signed either protocol to the Geneva Conventions. Nevertheless, the ICRC can offer its services in such a conflict based on Article 3, paragraph 2, common to the four Geneva Conventions of 1949 ("an impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict"). When the ICRC offers its services in such a situation, a state does not have to accept them, or consider it an interference in its internal affairs. However, "in situations of internal disturbance, the rules of international humanitarian law can only be invoked by analogy."

  • C) COMPARATIVE LAW STANDARDS

  • The British armed forces presence in Northern Ireland is an apt comparison to the Indian military presence in the North East. The British carry out arrests under the Northern Ireland (Emergency Provisions) Act or the Prevention of Terrorism (Temporary Provisions) Act. When detainees were held for seven days without charge the European Court of Human Rights found this to be in violation of the European Human Rights Covenant.



5. CONCLUSIONS

The Supreme Court of India reached a low for its lack of enforcement of fundamental rights in the Jabalpur case of 1975. The country was in a state of emergency and the high courts had concluded that although the executive could restrict certain rights, people could still file habeas corpus claims. The Supreme Court rejected this conclusion and said the high court judges had substituted their suspicion of the executive for "frank and unreserved acception of the proclamation of emergency." Noted Legal luminary, H M Seervai notes that this shows the lack of judicial detachment. Indeed, it exemplifies a deference to the executive which leaves the people with no enforcement of their constitutional rights. Jabalpur has since been deemed an incorrect decision, but it remains an apt example of the judiciary's submission to the executive.

The Supreme Court has avoided a Constitutional review for over 9 years, the amount of time the principal case has been pending. The Court is not displaying any judicial activism on this Act. The Lok Sabha in the 1958 debate acknowledged that if the AFSPA were unconstitutional, it would be for the Supreme Court to determine. The deference of the Delhi High Court to the legislature in the Indrajit case also demonstrates a lack of judicial independence.

The Basic Principles on the Independence of the Judiciary was adopted by the seventh UN Congress on the Prevention of Crime and the Treatment of Offenders and was also adopted by the UN General Assembly. Principle 2 of this document says, "The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressure, threats or interferences, direct or indirect, from any quarter or for any reason." The Indian judicial system is not subject to direct interference. It seems to function independently, but under the surface it is possible to discern indirect pressure. For example, the practice of appointing retired judges to commissions may well influence judges while they are on the bench. There may not be direct pressure to render decisions favorable to the executive, but certainly a judge who has "towed the government line" is more likely to be appointed by that same government to a position of prominence upon retirement.

Moreover, there is an absence of creative legal thinking. When the Guwahati High Court was presented with international law argument in People's Union for Democratic Rights, the court ignored it. Justice Raghuvir said in a personal interview that the court could not use international law. If the government has signed an international convention like the ICCPR which requires the government to guarantee rights to its citizens, how can these be enforced if the judiciary does not turn to the text of the convention in its rendering of decisions? The courts are not turning to the spirit of the law which guarantees the fundamental right to life to all people and as a result violations of human rights go unchecked.

The UN Special Rapporteur on the Independence and Impartiality of the Judiciary, Jurors and Assessors and the Independence of Lawyers, Mr Param Cumaraswamy, stated in the 51st Session of the Commission on Human Rights on 10 February 1995, at the United Nations in Geneva that," The power of judicial review is vital for the protection of the rule of law." He also quoted from Mr L M Singhvi's 1985 report that "the strength of legal institutions is a form of insurance for the rule of law and for the observance of human rights and fundamental freedoms and for preventing the denial and miscarriage of justice."



6. RECOMMENDATIONS

The only way to guarantee that the human rights abuses perpetrated by the armed forces in the North East cease is to both repeal the AFSPA and remove the military from playing a civil role in the area. Indeed with 50% of the military forces in India acting in a domestic role, through internal security duties, there is a serious question as to whether the civil authority's role is being usurped. As long as the local police are not relied on they will not be able to assume their proper role in law enforcement. The continued presence of the military forces prevents the police force from carrying out its functions. This also perpetuates the justification for the AFSPA.

Among the recommendations made by the Working Group on Arbitrary Detention, from 1994 was the statement that "Governments which have been maintaining states of emergency in force for many years should lift them, limit their effects or review the custodial measures that affect many persons, and in particular should apply the principle of proportionality rigorously."

The National Human Rights Commission is now reviewing the AFSPA. Hopefully, the NHRC will find that the AFSPA is unconstitutional and will submit this finding to the Supreme Court to influence its review of the pending cases. However, the NHRC has a very limited role. In past cases, the Supreme Court has not welcomed such intervention by the NHRC. This was evident when the NHRC attempted to intervene in the hearing against the Terrorist and Disruptive Activities (Prevention) Act (TADA).

If the AFSPA is not repealed, it must at a bare minimum comply with international law and Indian law standards. This means the powers to shoot to kill under section 4(a) must be unequivocally revoked. Arrests must be made with warrants and no force should be allowed in the search and seizure procedures. Section 5 should clearly state that persons arrested under the Act are to be handed over to the police within twenty-four hours. Section 6 should be completely repealed so that individuals who suffer abuses at the hands of the security forces may prosecute their abusers.

Moreover, the definition of key phrases, especially "disturbed area" must be clarified. The declaration that an area is disturbed should not be left to the subjective opinion of the Central or State Government. It should have an objective standard which is judicially reviewable. Moreover, the declaration that an area is disturbed should be for a specified amount of time, no longer than six months. Such a declaration should not persist without legislative review.

Armed forces should not be allowed to arrest or carry out any procedure on suspicion alone. All their actions should have an objective basis so that they are judicially reviewable. This will also assist those who file suit against the security forces.

All personnel acting in a law enforcement capacity should be trained according to the UN Code of Conduct for law enforcement personnel. The instructions and training given to the armed forces should be available to the public. Complete transparency should be established so that a public accountability is rendered possible.

Having the armed forces comply with the Indian CrPC would also be a bare minimum. The CrPC itself does not fully comply with international human rights standards, so making the AFSPA comply on its face with the CrPC provisions for the use of minimal force, arrest, search and seizure would only be a rudimentary step in reducing the abuses committed under the AFSPA.

If the Indian Government truly believes that the only way to handle the governance of the North Eastern states is through force, then it must allow the ICRC to intervene. This can only have a calming influence. Acceptance of ICRC services would demonstrate that the fighting parties want to bring an end to the violence. The ICRC's involvement could help protect the residents of the North East who are currently trapped in the middle between insurgents and the military.


http://www.hrdc.net/sahrdc/resources/armed_forces.htm



Armed Forces (Special Powers) Act, 1958

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The Armed Forces (Special Powers) Act (AFSPA), was passed on September 11, 1958, by the Parliament of India.[1] It grants special powers to the armed forces in what the act calls "disturbed areas" in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. It was later extended to Jammu and Kashmir as The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in July 1990.[2]

Contents

The Act

The Articles in the Constitution of India empower state governments to declare a state of emergency due to one or more of the following reasons:

  • Failure of the administration and the local police to tackle local issues.
  • Return of (central) security forces leads to return of miscreants/erosion of the "peace dividend".
  • The scale of unrest or instability in the state is too large for local forces to handle.

In such cases, it is the prerogative of the state government to call for central help. In most cases, for example during elections, when the local police may be stretched too thin to simultaneously handle day-to-day tasks, the central government obliges by sending in the CRPF. Continued unrest, like in the cases of militancy and insurgence, and especially when borders are threatened, are the armed forces resorted to.[3]

By Act 7 of 1972, this power to declare areas as being disturbed was extended to the central government.[4]

In a civilian setting, soldiers have no legal tender, and are still bound to the same command chain as they would be in a war theater. Neither the soldiers nor their superiors have any training in civilian law or policing procedures. This is where and why the AFSPA comes to bear - to legitimize the presence and acts of armed forces in emergency situations which have been deemed war-like by local leaders which led to the armed forces' presence in the first place.[3][5]

Armed Forces (Special Powers) Act

According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to[6]:

  • Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order, after giving such due warning.
  • Destroy any arms dump, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence
  • To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest.
  • To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.
  • Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons.
  • Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.
  • Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.
  • Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.

For declaring an area as a 'disturbed area' there must be a grave situation of law and order on the basis of which Governor/Administrator can form opinion that an area is in such a disturbed or dangerous condition that use of Armed Forces in aid of civil power is necessary .[7]

The Act has been employed in the Indian administrated state of Jammu and Kashmir since 1990.[2] It was withdrawn by the Manipur government in some of the constituencies in August 2004 in spite of the Central government not favouring withdrawal of the act.

In December 2006, responding to what he said were 'legitimate' grievances of the people of Manipur, Prime Minister Manmohan Singh declared that the Act would be amended to ensure it was 'humane' on the basis of the Jeevan Reddy Commission's report, which is believed to have recommended the Act's repeal, which never happened.[8]

Violence has increased in the past two decades since enforcement of the Act.[9] The state has created a "Gallantry Awards" pool for the arms forces which are awarded for elimination of insurgencies and conduction of operations. The term 'encounters' is used by the security forces to describe confrontations where it is deemed appropriate, under the provisions of the act, to employ violence.[9]

Protests began in Kashmir valley on Sep 10, 2010, on the occasion of Eid and turned violent on Sep 11, the anniversary of the controversial act. Indian Government is considering partial withdrawal of the act.

The Jeevan Reddy Commission

In 2004, in the wake of intense agitation [10] that was launched by several civil society groups following the death of Thangjam Manorama, while in the custody of the Assam Rifles and the indefinite fast undertaken by Irom Sharmila, Union Home Minister Shivraj Patil visited Manipur and reviewed the situation with the concerned state authorities. In the same year, Prime Minister, Manmohan Singh assured activists that the central government would consider their demand sympathetically.

The central government accordingly set up a five-member committee under the Chairmanship of Justice B P Jeevan Reddy, former judge of the Supreme Court. The panel was given the mandate of "review[ing] the provisions of AFSPA and advis[ing] the Government of India whether (a) to amend the provisions of the Act to bring them in consonance with the obligations of the government towards protection of human rights; or (b) to replace the Act by a more humane Act."

The Reddy committee submitted its recommendations on June 6, 2005. However, the government failed to take any concrete action on the recommendations even after almost a year and a half. The then Defence Minister Pranab Mukherjee had rejected the withdrawal or significant dilution of the Act on the grounds that "it is not possible for the armed forces to function" in "disturbed areas" without such powers.[citation needed]

The 147-page report recommends, "The Armed Forces (Special Powers) Act, 1958, should be repealed." During the course of its work, the committee members met several individuals, organisations, parties, institutions and NGOs, which resulted in the report stating that "the Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high handedness." The report clearly stated that "It is highly desirable and advisable to repeal the Act altogether, without of course, losing sight of the overwhelming desire of an overwhelming majority of the [North East] region that the Army should remain (though the Act should go)."[citation needed]

But activists say the Reddy panel despite its recommendation for the 'repeal of the Act' has nothing substantial for the people. The report recommends the incorporation of AFSPA in the Unlawful Activities (Prevention) Act, 1967, which will be operable all over India.[citation needed] On November 2, 2000, ten people were killed when a paramilitary force opened fire at a bus-stop near Malom in Manipur. Most of those killed were women and students. The firing was followed by a brutal combat operation also. A young lady, too shocked at the anarchical act of the state agencies, decided to begin a fast unto death demanding the repeal of the Act responsible for such brutality on the part of the state – the Armed Forces (Special Powers) Act, 1958. Thus began the fight of Irom Sharmila Chanu, the Iron Lady from Manipur whose fast completed 12 years this year on 5 november 2012.

The troops of 8th Assam Rifles were deployed in Malom to counter the 'insurgent' attack in the area. Those killed at the Malom massacre were L Sana Devi (60), G Bap Sharma (50), O Sanayaima (50), K Bijoy (35) A Raghumani (34), S Robinson Singh (27), Ksh Inaocha (23), T Shantikumar (19), S Prakash Singh (18) and S Chandramani (17).

Though Sharmila began her marathon fast in protest, the investigation into the Malom massacre has still not yet been completed even after 10 years. Following a directive of the Gauhati High Court, Imphal Bench, in 2004 and 2005, the District and Session's Judge is conducting an enquiry into the incident. On January 7, 2010, a team of the court led by Th Surbala, the District and Session's Judge, Manipur East, conducted a spot inquiry at Malom and investigation is on into the facts and circumstances leading to the firing incidents.

Since November 2, 2000, Sharmila has been arrested under section 309 of IPC which punishes attempted suicide by a one-year imprisonment. She is released every year to be arrested again. A compartment in the Jawaharlal Nehru Hospital has become her virtual nest, where the poet in Sharmila pens her verses. She turned down many requests to end her fast and expressed her firmness to continue her fast till the Act is repealed. She has been awarded with many laurels for her nonviolent contribution towards the human rights movement in north east India.

Non-state views and commentary

United Nations view

When India presented its second periodic report to the United Nations Human Rights Committee in 1991, members of the UNHRC asked numerous questions about the validity of the AFSPA. They questioned the constitutionality of the AFSPA under Indian law and asked how it could be justified in light of Article 4 of the International Covenant on Civil and Political Rights, ICCPR. On 23 March 2009, UN Commissioner for Human Rights Navanethem Pillay asked India to repeal the AFSPA. She termed the law as "dated and colonial-era law that breach contemporary international human rights standards."[11]

On 31 March 2012, the UN asked India to revoke AFSPA saying it had the no place in Indian democracy. Christof Heyns, UN's Special Rapporteur on extrajudicial, summary or arbitrary executions said "During my visit to Kashmir, AFSPA was described to me as 'hated' and 'draconian'. It clearly violates International Law. A number of UN treaty bodies have pronounced it to be in violation of International Law as well."[12]

Non-governmental organizations' analysis

The act has been criticized by Human Rights Watch as a "tool of state abuse, oppression and discrimination".[13]

The South Asian Human Rights Documentation Centre argues that the governments' call for increased force is part of the problem.[14]

"This reasoning exemplifies the vicious cycle which has been instituted in the North East due to the AFSPA. The use of the AFSPA pushes the demand for more autonomy, giving the people of the North East more reason to want to secede from a state which enacts such powers and the agitation which ensues continues to justify the use of the AFSPA from the point of view of the Indian Government." - The South Asian Human Rights Documentation Centre[15]

A report by the Institute for Defense Studies and Analysis points to multiple occurrences of violence by security forces against civilians in Manipur since the passage of the Act.[16] The report states that residents believe that the provision for immunity of security forces urge them to act more brutally.[16] The article, however, goes on to say that repeal or withering away of the act will encourage insurgency.

[17] In addition to this, there have been claims of disappearances by the police or the army in Kashmir by several human rights organizations.[18][19]

A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2009.

Many human rights organizations such as Amnesty International and the Human Rights Watch (HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances", and torture;[20] the "Armed Forces Special Powers Act", which "provides impunity for human rights abuses and fuels cycles of violence. The Armed Forces Special Powers Act (AFSPA) grants the military wide powers of arrest, the right to shoot to kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that troops need such powers because the army is only deployed when national security is at serious risk from armed combatants. Such circumstances, they say, call for extraordinary measures." Human rights organizations have also asked Indian government to repeal[21] the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order.".[22]

Activists who are working in J&K for peace and human rights include names of Madhu Kishwar, Ashima Kaul, Ram Jethmalani, Faisal Khan, Ravi Nitesh, Swami Agnivesh, Dr. sandeep Pandey and many others. They all accept that people to people communication and development of new avenues are the only way for peace, however laws like AFSPA are continuously violating human rights issues there.

United States leaked diplomatic cables

The Wikileaks diplomatic cables have recently disclosed that Indian government employees agree to acts of human rights violations on part of the Indian armed forces and various paramilitary forces deployed in the north east parts of India especially Manipur. The violations have been carried out under the cover of this very act. Governor S.S. Sidhu admitted to the American Consul General in Kolkata, Henry Jardine, that the Assam Rifles in particular are perpetrators of violations in Manipur which the very same cables described as a state that appeared more of a colony and less of an Indian state.[23][24]

Earlier leaks had also stated that International Committee of the Red Cross (ICRC) had reported to the United States diplomats in Delhi about the grave human rights situation in Kashmir which included the use of electrocution, beatings and sexual humiliation against hundreds of detainees. This act is in force in Kashmir since 1990.[25]

See also

Footnotes

  1. ^ "THE ARMED FORCES (SPECIAL POWERS) ACT, 1958"
  2. ^ a b "(PDF) The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990" Indian Ministry of Law and Justice Published by the Authority of New Delhi
  3. ^ a b Harinder Singh (July 6, 2010). "AFSPA: A Soldier's Perspective". Institute for Defence Studies and Analyses.
  4. ^ The Hindu (Chennai, India). http://www.hindu.com/nic/afa/afa-part-ii.pdf.
  5. ^ Anil Kamboj (October 2004). "Manipur and Armed Forces (Special Power) Act 1958". Institute for Defence Studies and Analyses.
  6. ^ "(PDF) The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990" Indian Ministry of Law and Justice Published by the Authority of New Deli
  7. ^ "Naga People's Movement of Human Rights vs. Union of India,1998".
  8. ^ "Humane garb for 'black law'". "The Telegraph". December 3, 2006. Retrieved September 11, 2008.
  9. ^ a b IDSA strategic analysis: Armed Forces Special Powers Act
  10. ^ "MANIPUR ON FIRE". Frontline. September 2004. Retrieved 2011-06-05.
  11. ^ "United Nations asks Indian govt to repeal AFSPA". IRNA. March 23, 2009. Retrieved 2009-03-24.
  12. ^ UN asks India to repeal Armed Forces Special Powers Act
  13. ^ "Crisis in Kashmir" Council on Foreign Relations
  14. ^ India: Repeal Armed Forces Special Powers Act; 50th Anniversary of Law Allowing Shoot-to-Kill, Other Serious Abuses. Human Rights Watch
  15. ^ AFSPA South Asian HRDC
  16. ^ a b Institute for Defense Studies and Analysis, 'Manipur and Armed Forces (Special Powers) Act 1958' "the alleged rape and killing of Manjab Manorama", "security forces have destroyed homes", "arrests without warrants", "widespread violations of humane rights", "The cases of Naga boys of Oinam village being tortured before their mothers by Assam rifles Jawans in July 1987; the killing of Amine Devi and her child of Bishnupur district on April 5, 1996 by a CRPF party; the abduction, torture and killing of 15-year-old Sanamacha of Angtha village by an Assam Rifles party on 12th February 1998; the shooting dead of 10 civilians by an Assam Rifles party in November 2000 are some of the glaring examples that are still fresh in the mind of Manipuris."
  17. ^ "Blood Tide Rising". TIME Magazine. January 18, 1993.
  18. ^ India
  19. ^ BBC NEWS | World | South Asia | Kashmir's extra-judicial killings
  20. ^ Behind the Kashmir Conflict - Abuses in the Kashmir Valley
  21. ^ India: Repeal the Armed Forces Special Powers Act
  22. ^ Behind the Kashmir Conflict: Undermining the Judiciary (Human Rights Watch Report: July 1999)
  23. ^ Nambath, Suresh (March 21, 2011). "'Manipur more a colony of India'". The Hindu (Chennai, India).
  24. ^ http://www.thehindu.com/news/the-india-cables/the-cables/article1556742.ece/ref>
  25. ^ Burke, Jason (December 16, 2010). "WikiLeaks cables: India accused of systematic use of torture in Kashmir". The Guardian (London).

External links

Irom Chanu Sharmila

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Irom Sharmila Chanu
Born 14 March 1972 (age 40)
Kongpal, Imphal, Manipur, India
Nationality Indian
Occupation Civil rights activist, Political activist, Poet
Known for hunger strike against Armed Forces (Special Powers) Act, 1958
Parents Irom c Nanda (father)
Irom Ongbi Sakhi (mother)

Irom Sharmila Chanu (born 14 March 1972), also known as the "Iron Lady of Manipur" or "Mengoubi" ("the fair one")[1] is a civil rights activist, political activist, and poet from the Indian state of Manipur. Since 2 November 2000, she has been on hunger strike to demand that the Indian government repeal the Armed Forces (Special Powers) Act, 1958 (AFSPA), which she blames for violence in Manipur and other parts of northeast India.[2] Having refused food and water for more than 500 weeks, she has been called "the world's longest hunger striker".[3]She is on a continuous hunger strike for last 12 years.

Contents

Decision to fast

On 2 November 2000, in Malom, a town in the Imphal Valley of Manipur, ten civilians were allegedly shot and killed by the Assam Rifles, one of the Indian Paramilitary forces operating in the state, while waiting at a bus stop.[4][5] The incident later came to be known to activists as the "Malom Massacre".[6] The next day's local newspapers published graphic pictures of the dead bodies, including one of a 62-year old woman, Leisangbam Ibetomi, and 18-year old Sinam Chandramani, a 1988 National Child Bravery Award winner.[5]

Sharmila, the 28-year-old daughter of a Grade IV veterinary worker, began to fast in protest of the killings, taking neither food nor water.[7] As her brother Irom Singhajit Singh recalled, "The killings took place on 2 November 2000. It was a Thursday. Sharmila used to fast on Thursdays since she was a child. That day she was fasting too. She has just continued with her fast". 4 November is also given as the start day of her fast. On the Friday third of November she had her last supper of pastries and sweets then touched her mother's feet and asked permission to fulfill her bounden duty.[8] Her primary demand to the Indian government was the repeal of the AFSPA, which has been blamed by opposition and human rights groups for permitting torture, forced disappearances, and extrajudicial executions.[4][7]

Three days after she began her strike, she was arrested by the police and charged with an "attempt to commit suicide", which is unlawful under section 309 of the Indian Penal Code, and was later transferred to judicial custody.[8] Her health deteriorated rapidly, and the police then forcibly had to use nasogastric intubation in order to keep her alive while under arrest.[3] Since then, Irom Sharmila has been regularly released and re-arrested every year since under IPC section 309, a person who "attempts to commit suicide" is punishable "with simple imprisonment for a term which may extend to one year [or with fine, or with both]".[8][9]

Continued activism

By 2004, Sharmila had become an "icon of public resistance".[4] Following her procedural release on 2 October 2006, for around four months, Irom Sharmila Chanu went to Raj Ghat, New Delhi, which she said was "to pay floral tribute to my idol, Mahatma Gandhi." Later that evening, Sharmila headed for Jantar Mantar for a protest demonstration where she was joined by students, human rights activists and other concerned citizens.[7] On 6 October, she was re-arrested by the Delhi police for attempting suicide and was taken to the All India Institute of Medical Sciences, where she wrote letters to the Prime Minister, President, and Home Minister.[7] At this time, she met and won the support of Nobel-laureate Shirin Ebadi, the Nobel Laureate and human rights activist, who promised to take up Sharmila's cause at the United Nations Human Rights Council.[7] In 2011, she invited anti-corruption activist Anna Hazare to visit Manipur,[10] and Hazare sent two representatives to meet with her.[11]

In October 2011, the Manipur Pradesh All India Trinamool Congress announced their support for Sharmila and called on party chief Mamata Banerjee to help repeal the AFSPA.[12] The Communist Party of India (Marxist–Leninist) (CPI ML) also stated its support for her and for repeal of AFSPA, calling for nationwide agitation.[13] In November, at the end of the eleventh year of her fast, Sharmila again called on Prime Minister Manmohan Singh to repeal the law.[14] On 3 November, 100 women formed a human chain in Ambari to show support for Sharmila, while other civil society groups staged a 24-hour fast in a show of solidarity.[15]

In December 2011, Pune University announced a scholarship program for 39 female Manipuri students to take degree courses in honour of Irom Sharmila Chanu's 39 years of age.[16]

International attention

Sharmila was awarded the 2007 Gwangju Prize for Human Rights, which is given to "an outstanding person or group, active in the promotion and advocacy of Peace, Democracy and Human Rights".[17] She shared the award with Lenin Raghuvanshi of People's Vigilance Committee on Human Rights, a northeastern Indian human rights organization.[17]

In 2009, she was awarded the first Mayillama Award of the Mayilamma Foundation "for achievement of her nonviolent struggle in Manipur".[18] In 2010, she won a lifetime achievement award from the Asian Human Rights Commission.[19] Later that year, she won the Rabindranath Tagore Peace Prize of the Indian Institute of Planning and Management, which came with a cash award of 5,100,000 rupees,[20] and the Sarva Gunah Sampannah "Award for Peace and Harmony" from the Signature Training Centre.[21]

Works on her life

Deepti Priya Mehrotra's Burning Bright: Irom Sharmila and the Struggle for Peace in Manipur details Sharmila's life and the political background of her fast.[22]

Ojas S V, a theatre artist from Pune, has been performing a mono-play titled Le Mashale ("Take the Torch"), based on Irom Sharmila's life and struggle at several places in India. It is an adaptation of Meira Paibi (Women bearing torches), a drama written by Malayalam playwright Civic Chandran.[23][24]

References

  1. ^ Rituparna Chatterjee (20 April 2011). "Spot the Difference: Hazare vs. Irom Sharmila". Sinlung. Retrieved 30 April 2011.
  2. ^ "Manipur Fasting Woman Re-arrested". BBC News. 9 March 2009. Retrieved 8 May 2011.
  3. ^ a b Andrew Buncombe (4 November 2010). "A decade of starvation for Irom Sharmila". The Independent. Archived from the original on 22 October 2012. Retrieved 8 May 2011.
  4. ^ a b c Nilanjana S. Roy (8 February 2011). "Torchbearers for Victims in a Violent Land". New York Times. Archived from the original on 22 October 2012. Retrieved 8 May 2011.
  5. ^ a b Rahul Pathak (6 August 2004). "Why Malom is a big reason for Manipur anger against Army Act". IndianExpress.com. Retrieved 8 May 2011.
  6. ^ Anjuman Ara Begum (3 November 2010). "AFSPA and Unsolved massacres in Manipur". Twocircles.net. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
  7. ^ a b c d e Shoma Chaudhury (5 December 2009). "Irom And The Iron In India's Soul". Tehelka. Archived from the original on 22 October 2012. Retrieved 8 May 2011.
  8. ^ a b c "Manipur fasting woman re-arrested". BBC News. 9 March 2009. Archived from the original on 22 October 2012. Retrieved 8 May 2011.
  9. ^ Section 309 in The Indian Penal Code, 1860
  10. ^ Vidya Subramaniam (28 August 2011). "Irom Sharmila urges Anna to visit Manipur". The Hindu. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
  11. ^ "Highlights of Anna Hazare's interview to NDTV". NDTV. 13 September 2011. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
  12. ^ "Mamata's help sought for raising voice against AFSPA". The Times Of India. 17 October 2011. Archived from the original on 22 October 2012.
  13. ^ "CPI (ML) to show solidarity to Sharmila with nation-wide agitation". Imphal Free Press via Kanglaonline. 29 September 2011. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
  14. ^ "PM should realize I am struggling for people: Irom". Times of India. Times News Network. 4 November 2011. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
  15. ^ "Civil society groups in state back Irom's cause". The Times Of India. Times News Network. 3 November 2011. Archived from the original on 22 October 2012.
  16. ^ "Scholarship for Manipuri girl students in Sharmila's honour". The Times Of India. 10 December 2011. Archived from the original on 22 October 2012.
  17. ^ a b "Gwangju Prize for Human Rights". 18 May Memorial Foundation. Archived from the original on 22 October 2012. Retrieved 24 April 2011.
  18. ^ Sobhapati Samom (1 March 2010). "Kerala activists promise support to Irom Sharmila". Assam Tribune. Archived from the original on 22 October 2012. Retrieved 22 October 2012.
  19. ^ "Human rights defender awarded for lifetime achievement". Asian Human Rights Commission. 29 January 2010. Archived from the original on 22 October 2012. Retrieved 22 October 2012.
  20. ^ "Irom Sharmila awarded Rabindranath Tagore peace award". dnaindia.com. 12 September 2010. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
  21. ^ "Sharmila Conferred Peace Award". manipuronline.com. 27 December 2010. Archived from the original on 22 October 2012. Retrieved 22 October 2012.
  22. ^ Laxmi Murthy (December 2009). "Reluctant heroine: 'Burning Bright' by Deepti Priya Mehrotra". Himal South Asian. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
  23. ^ T. Saravanan (11 February 2011). "For a noble cause". The Hindu. Archived from the original on 21 October 2012. Retrieved 21 October 2012.
  24. ^ Shalini Umachandran (12 February 2011). "Single act that captures a dozen wounds of Manipur". The Times of India. Times News Network. Archived from the original on 21 October 2012. Retrieved 21 October 2012.

Manipur

From Wikipedia, the free encyclopedia
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Manipur
মণিপুর
—  State  —

Seal
Location of Manipur in India
Map of Manipur
Coordinates (Imphal): 24.817°N 93.95°ECoordinates: 24.817°N 93.95°E
Country  India
Established 21 January 1972
Capital Imphal
Largest city Imphal
Districts 9
Government
 • Governor Gurbachan Jagat
 • Chief Minister Okram Ibobi Singh (INC)
 • Legislature Unicameral (60 seats)
Area
 • Total 22,347 km2 (8,628 sq mi)
Area rank 23rd
Population (2011)
 • Total 2,721,756
 • Rank 22nd
 • Density 120/km2 (320/sq mi)
Time zone IST (UTC+05:30)
ISO 3166 code IN-MN
HDI Increase 0.707 (medium)
HDI rank 5th (2005)
Literacy 79.85% (2011 Census)
Official languages Meiteilon
Website Manipur Official Website

Manipur About this sound pronunciation (Meitei: Maneepoor maṇipur) is a state in northeastern India, with the city of Imphal as its capital. Manipur consist of Naga, Kuki and Meitei and is bounded by the Indian states of Nagaland to the north, Mizoram to the south and Assam to the west; it also borders Burma to the east. It covers an area of 22,347 square kilometres (8,628 sq mi). Geographically, it falls under the Southeast Asia region.

The Meiteis (Meeteis), who live primarily in the state's valley region, form the primary ethnic group (60% of the total population) but occupy only 10% of the total land area. Their language, Meiteilon (Meeteilon), (also known as Manipuri), is also the lingua franca in the state, and was recognized as one of the national languages of India in 1992. The Muslims (Meitei-Pangal) also live in the valley; the Kukis, Nagas, Hmars and other smaller groups form about 40% of the population but occupy the remaining 90% of the total land area of Manipur. Manipur is considered a sensitive border state.[citation needed]

Foreigners entering Manipur prior to January 1, 2011 (including foreign citizens born in Manipur) were required to possess a Restricted Area Permit. As of January 1, 2011 foreign citizens are no longer required to have a Protected Areas Permit (PAP). This change will remain in effect for one year.

Contents

Etymology

Manipur had been known throughout the ages as Meitrabak, Kangleipak or Meiteileipak[1] as well as by more than twenty other names.[2] Sanamahi Laikan wrote that Manipur's new nomenclature was adopted in the eighteenth century during the reign of Meidingu Pamheiba. According to Sakok Lamlen, the area had different names according to the era. During the Hayachak period it was known as Mayai Koiren poirei namthak saronpung or Tilli Koktong Ahanba, then in the Khunungchak period as Meera Pongthoklam. Thereafter during the Langbachak era, it became Tilli Koktong Leikoiren and finally Muwapalli in the Konnachak epoch.[3] During the latter part of its history, Manipur and its people were known by different names to their neighbours. The Shans or Pongs called the area Cassay, the Burmese Kathe, and the Assamese Meklee. In the first treaty between the British East India Company and Meidingu Chingthangkhomba (Bhagyachandra) signed in 1762, the kingdom was recorded as Meckley. Bhagyachandra and his successors issued coins engraved with the title of Manipureshwar, or lord of Manipur and the name Meckley was discarded. Later on, the Sanskritisation work, Dharani Samhita (1825–34) popularized the legends of the derivation of Manipur's name.[4]

History

The Kangla Sha, the state emblem
The Kangla Gate (west entrance to the Kangla Fort

Manipur came under British rule as a princely state (kangleipak) in 1891 and existed until 1947, when it acceded to the newly independent Union of India. During the World War II, Manipur was the scene of many fierce battles between the Japanese and the Allied forces. The Japanese were beaten back before they could enter Imphal, and this proved to be one of the turning points of the war. After the War, the Manipur Constitution Act of 1947 established a democratic form of government with the Maharaja as the Executive Head and an elected legislature. In 1949, Maharaja Budhachandra was summoned to Shillong, capital of the then Indian province of Assam. The legislative assembly was dissolved on the controversial[citation needed] annexation of the state with the republic of India in October 1949. Manipur was a union territory from 1956 and later became a full-fledged state in 1972.

Manipur became a Union Territory in 1956 and later, in 1972, a full-fledged state of India with Muhammad Alimuddin becoming the first statehood Chief Minister (1972–74).

There has been a separatist movement in Manipur since 1964 with the establishment of United National Liberation Front, with several violent groups desirous of a sovereign Manipur.[5] Special permission must also be obtained for those who wish to enter Manipur, as it is considered a "sensitive area" on account of its political troubles and geographical location.[6]

Geography, vegetation and climate

Geography

Singda-The place where the Highest Mud Dam in India is located
Barak River in its upper course in Manipur

Manipur is one of the seven states of Northeast India. The state is bounded by Nagaland in the north, by Mizoram in the south, by Assam in the west, and by the borders of the country Burma in the east as well as in the south. The state capital of Manipur is Imphal. The state lies at latitude of 23°83'N – 25°68'N and longitude of 93°03'E – 94°78'E. The total area covered by the state is 22,347 km². The capital lies in an oval-shaped valley of approximately 700 square miles (2,000 km2) surrounded by blue mountains and is at an elevation of 790 metres above the sea level.[7] The slope of the valley is from north to south. The presence of the mountain ranges not only prevents the cold winds from the north from reaching the valley but also acts as a barrier to the cyclonic storms originating from the Bay of Bengal.

There are four major river basins in Manipur State, the Barak River Basin (Barak Valley) to the west, the Manipur River Basin in central Manipur, the Yu River Basin in the east, and a portion of the Lanye River Basin in the north.[8] The total water resources of Barak and Manipur river basins are about 1.8487 Mham. The overall water balance of the state amounts to 0.7236 Mham in the annual water budget.[9] (By way of comparison, India receives 400 Mham (million hectare meters) of rain annually[10]) The Barak river, the largest river of Manipur, originates in the Manipur Hills and is joined by a number of tributaries such as the Irang, Maku, and Tuivai. After its junction with the Tuivai, the Barak River turns north and forms the border with Assam State, and then enters the Cachar Assam just above Lakhipur. The Manipur river basin has eight major rivers: the Manipur, Imphal, Iril, Nambul, Sekmai, Chakpi, Thoubal and Khuga. All these rivers originate from the surrounding hills.

Almost all the rivers in the valley area are in the mature stage and, therefore, deposit their sediment load in the Loktak lake.[7] The rivers draining the Manipur Hills are comparatively young, due to the hilly terrain through which they flow. These rivers are corrosive in nature and assume turbulent form in the rainy season. Important rivers draining the western area include the Maku, Barak, Jiri, Irang and Leimatak. Rivers draining the eastern part of the state, the Yu River Basin, include the Chamu, Khunou and other short streams.

Physiographically, Manipur may be characterised in two distinct physical regions – an outlying area of rugged hills and narrow valleys, and the inner area of flat plain, with all associated land forms. These two areas are not only distinct in respect of physical features but are also conspicuous with regard to various flora and fauna. The valley region would have been a monotonous, featureless plain but for a number of hills and mounds rising above the flat surface. The Loktak lake is an important feature of the central plain. The total area occupied by all the lakes is about 600 km². The altitude ranges from 40 m at Jiribam to 2,994 m at Mt. Iso Peak near Mao Songsong.

The soil cover can be divided into two broad types, viz. the red ferruginous soil in the hill area and the alluvium in the valley. The valley soils generally contain loam, small rock fragments, sand and sandy clay, and are quite varied. On the plains, especially flood plains and deltas, the soil is quite thick. The top soil on the steep slopes is very thin. Soil on the steep hill slopes is subject to high erosion, resulting in gullies and barren rock slopes. The normal pH value ranges from 5.4 to 6.8.[11] The climate of the State is salubrious with approximate average annual rainfall varying from 933 mm at Imphal to 2593 mm at Tamenglong. The temperature ranges from sub-zero to 36°C.

Districts

Manipur has currently nine administrative districts.

District Area Population Headquarters
Bishnupur 496 208,368 Bishnupur
Churachandpur 4570 227,905 Churachandpur
Chandel 3313 118,327 Chandel
Imphal East 709 394,876 Porompat
Imphal West 519 444,382 Lamphelpat
Senapati 3271 283,621 Senapati
Tamenglong 4391 111,499 Tamenglong
Thoubal 514 364,140 Thoubal
Ukhrul 4544 140,778 Ukhrul

Vegetation

Flowers lining up the Foothills
A tree standing alone amidst the wilderness

The natural vegetation occupies an area of about 14,365 km² which is nearly 64% of the total geographical area of the state. The vegetation consists of a large variety of plants ranging from short and tall grasses, reeds and bamboos to trees of various species. Broadly, there are four types of forests:

Teak, pine, oak, uningthou, leihao, bamboo, cane, etc. are important forest resources growing in plenty. In addition, rubber, tea, coffee, orange, and cardamom are grown in hill areas. Rice is a staple food for Manipuris. Rice and cash crops make up the main vegetation cover in the valley.

Climate

The Dzuko Valley lying on the border of Manipur and Nagaland has a temperate climate
Monsoon clouds in Manipur

The climate of Manipur is largely influenced by the topography of this hilly region which defines the geography of Manipur. Lying 790 meters above sea level, Manipur is wedged between hills on all sides. This northeastern corner of India enjoys a generally amiable climate, though the winters can be a little chilly. The maximum temperature in the summer months is 32 degree C. In winter the temperature often falls below zero, bringing frost. Snow sometimes falls in some hilly regions due to the Western Disturbance. The coldest month is January, and the warmest July. The ideal time for tourism in the state, in terms of climate, is from October to February, when the weather remains bright and sunny without the sun being too hot.

The state is drenched in rains from May until mid-October. It receives an average annual rainfall of 1467.5 mm. However, the rain distribution varies from 933 mm in Imphal to 2593 mm in Tamenglong. The precipitation ranges from light drizzles to heavy downpour. The normal rainfall of Manipur enriches the soil and helps in agricultural processes and irrigation. The South Westerly Monsoon picks up moisture from the Bay of Bengal and heads toward Manipur, hits the eastern Himalaya ranges and produces a massive amount of rain in the state.

Population

Manipur has a population of 2,388,634. Of this total, 58.9% live in the valley and the remaining 41.1% in the hilly region. The hills are inhabited mainly by the Nagas, Kukis (Chin-Mizos) and smaller tribal communities and the valley mainly by the Meiteis, Pangal, and "Bhamons" who are literally non-Meiteis). Some Naga, Kuki and Hmar settlements are also found in the valley region. Racially, Manipuri people are unique and special as they have features similar to South east Asian except for Brahmins in the state who were believed to be more Indian as they have Indian features. .[13] The distribution of area, population and density, literacy rate, etc. as per the 2001 Census provisional figures are as below:

Language

The official languages of the state are Manipuri (Meitei) and English.

Manipuri language (Meiteilon)

Meiteilon, the official language of Manipur, has a long history. Courses on Manipuri Language and Literature are offered as a subject up to M.A. level in both Central and State Universities.[citation needed] It is the main language of communication among all different tribes and people inhabiting Manipur. English is also slowly gaining ground as a common language of communication. Hindi is also in use by the migrants from northern India. Meiteilon has been recognized as the Manipuri language by the Indian Union and has been included in the list of scheduled languages (included in the 8th schedule by the 71st amendment of the constitution in 1992). Meitei is taught as a subject up to postgraduate level (Ph.D.) in Indian universities, apart from being a medium of instruction up to the undergraduate level in Manipur.

Meitei Mayek (Manipuri script)

Meitei Mayek is a script, commonly referred as Mayek, which has been used since ancient times. The origins of the Manipuri alphabet, or Meetei Mayek as it is know in Manipuri, are shrouded in mystery as many historical documents were destroyed at the beginning of the 18th century during the reign of King Pamheiba. Some believe the alphabet has been used for almost 4,000 years.

Between 1709 and the middle of the 20th century, the Manipuri language was written with the Bengali alphabet. During the 1940s and 50s, Manipuri scholars began campaigning to bring back the old Manipuri alphabet. In 1976 at a writers conference all the scholars finally agreed on a new version of the alphabet containing a number of additional letters to represent sounds not present in the language when the script was first developed. The current Manipuri script is a reconstruction of the ancient Manipuri script. Since the early 1980s the Manipuri alphabet as been taught in schools in Manipur.

Languages of hill people

There are 29 different dialects spoken in Manipur. Six main hill dialects recognised by Government of Manipur for medium of instruction & examination up to class XII are:

  1. Thadou-Kuki, dialect of Thadou people, the second language in the state after Meiteilon during Colonial Period.
  2. Tangkhul, dialect of Tangkhul people
  3. Hmar, dialect of Hmar people
  4. Paite, dialect of Paite people
  5. Mao, dialect of Mao People
  6. Rongmei dialect of Rongmei people

Transportation

Tulihal Airport, Changangei, Imphal, the only airport of Manipur, connects directly with Delhi, Kolkata Guwahati and Agartala. National Highway NH-39 links Manipur with the rest of the country through the railway stations at Dimapur in Nagaland at a distance of 215 km (134 mi) from Imphal. National Highway 53 (India) connects Manipur with another railway station at Silchar in Assam, which is 269 km (167 mi) away from Imphal. The road network of Manipur, with a length of 7,170 km (4,460 mi) connects all the important towns and distant villages.

On April 9, 2010, Union Minister of India, Shashi Tharoor announced that the central government is considering a rail link from Manipur to Vietnam.[14]

Religion

Sanamahi temple at Kangla
Pakhangba
Religion in Manipur[15]
Religion

Percent
Hinduism
  
46.01%
Islam
  
8.81%
Christianity
  
34.04%
Others
  
10.86%

Meiteism (Meeteism) and Sanamahi


The people of Manipur follow several faiths and religions which can be traced down to its unique historical past. Sanamahism is an ancient indigenous religion, rich in mythology and colorful in ritual. The Sanamahi worship is concentrated around the Sun God/Sanamahi. Early Manipuris were the devotees of a Supreme deity "Lainingthou Soralel" following the footprint of their Godly ancestors. That particular kind of ancestor worship and animism, with the central focus of worship on Umang Lai – that is, ethnic governing deities worshipped in sacred groves. Some of the gods(Lais) Manipuris worship are Atiya Sidaba, Pakhangba, Sanamahi, Leimaren, Oknarel, Panganba, Thangjing, Marjing, Wangbaren, Koubru. The religious life of the people, even when they adopted non-mainstream Hinduism, retained many characteristics inherited from their prehistoric ancestors. The essentials of this religion remain recognizable to the present day.[16] but did not win widespread adoption until relative recent history.

Christianity

St.Joseph's Cathedral at Imphal

Christianity in Manipur started to spread in the 19th century onwards by missionaries. The 20th century saw the establishment of a few Christian schools which then introduced Western-type education in this remote part of the world. Some of the finest schools in Manipur are Little Flower School in Imphal, Don Bosco High School in Imphal, St. Joseph's Convent, Nirmalabas High School

. These schools have produced achievers in various professions such as medicine, engineering, and other branches of science. A sizeable Meitei population have joined Christianity. Christianity constitutes 34% of the population.

Hinduism

It was in the 15th century that a particular form of Vaisnavism was adopted and spread under the reign of King Kyamba through to King Khagemba in the 19th century. Towards the end of the 19th century and at the advent of the 20th century, a great force of Gaudiya Vaishnavism came and spread in Manipur. Over the last couple of decades there has been a revival of Sanamahi religion and this was evident in the significant growth of the "non-mainstream" religion category in the 2001 census which amounted to 17% of the population. Due to the revival of demographic profile of the state, Sanamahism will now be included in the next Government of India population census in 2011.[17] According to the 2011 census Hinduism is identified with 46% of the population.[18]

Islam

Muslims numbering 190,939 form about 8.32% of the state population as per 2001 census. Influence of religious preceptors- Shaikh Shah Jalal Yemeni who came to Sylhet in 1303 AD and Azan Fakir Baghdadi in 1690 AD in Assam is also felt among Manipuri Muslims. There are Arab, Turani, Bengali and Mughal or Chaghtai Turk sections among Manipuri Muslims.

Culture

Culture of Manipur

Theatre and society in Manipur are intimately linked, as in many parts of the world. Manipuris are a culturally enthusiastic people. Cultural spirit has never been allowed to be blown out despite the area's remoteness from the outside world. This is why it still thrives in the Manipur valley.

Theatre has always been part of the Laiharaoba festivals since time immemorial. Theatre in Manipur today can be broadly divided, based on the texts, into religious and secular. The former is the adaptation of religious epics or some episodes from them, performed mainly in the sacred sphere such as temples. Within this Gauralila (the story of the childhood days of Caitanya Mahaprabhu), Sanjenba (an episode from the play between Krishna and his cows and his Gopis), and Udukhol (an episode from Krishna's childhood days) can be incorporated. They are seasonal performances commanding spiritual devotions among the audience.

Secular theatre is mostly confined to themes that are not religious and is performed in the secular or profane spheres. Within these are Shumang lila and Phampak lila (stage drama). Though the religious genre is loved profoundly by the audience, the torch of theatre is being held aloft by the secular ones. Among the latter also Shumang lila commands a very wide rustic popularity among the audience though the stage drama still does not lack its serene and dignified position mostly because of its community-based themes and styles. Etymologically Shumang lila is the combination of "Shumang" (courtyard) and "Lila" (play or performance). It is performed in an area of 13/13 ft in the centre of any open space, in a very simple style without a raised stage or any set design or heavy props such as curtains, background scenery, visual effects, etc. It uses only one table and two chairs, kept on one side of the performance space. Its claim to be the theatre of the masses is underlined by the way it is performed in the middle of an audience that surrounds it, leaving only one passage as both entrance and exit.

Shumang lila is performed by a touring band of 12-13 professional artists on invitation basis. These troupes may be exclusively female (Nupi Shumang Lila) or exclusively male (Nupa Shumang lila). Though the male characters are played by the female artists in the case of the former, what is most intriguing is the acting of the female roles by the male artists or nupishabis (male actresses). They are feminine in their looks, bodily gestures and facial expressions guised in masculine souls.

Historically the seed of Shumang lila was sown in Phagee lila (farce), performed during the reign of Ningthourel Chandrakirti (1850–1886), though traces of it were already present in the episode of Tangkhul-Nurabi Loutaba of Laiharaoba festival. Then it was succeeded by such plays as Ramlila, Sabha parba, Kabul lila, etc. But the real Shumang lila with various rasas (sentiments) was ushered in with the epic play Harishchandra (1918). Then it was followed by others such as Meiraba charan, Thok lila, etc. One of the most successful of this era was Moirang parba, an epic play based on the legendary lovers Khamba and Thoibi of Moirang.

On the other hand, the world of Phampak lila (stage drama) performed in the proscenium theatre is similar, in form, to the Western theatrical model and Indian Natyasastra model though its contents are indigenous. The so-called modern theatre descended on Manipuri theatre culture with the performance of Pravas Milan (1902) under the enthusiastic patronage of Sir Churchand Maharaj (1891–1941). The pace of theatrical movement was geared up with the institution of various groups such as Manipur Dramatic Union (MDU) (1930), Arian Theatre (1935), Chitrangada Natya Mandir (1936), Society Theatre (1937), Rupmahal (1942), Cosmopolitan Dramatic Union (1968), and the Chorus Repertory Theatre of Ratan Thiyam (1976). These groups started experimenting with various types of plays apart from historical and pauranic ones. Today Manipuri theatre is well respected because of various excellent productions shown in various parts of the country and abroad. Manipuri plays, both Shumang lila and stage lila, have been a regular feature in the annual festival of the National School of Drama, New Delhi.

Manipuri dance (Ras Lila)

Ras Lila

A classical form of Manipuri dance based and inspired by the theme of Lord Krishna and his beloved Radha's love story and the devotion of the Gopis (companions) toward Lord Krishna. This graceful and slow movement of the dance makes it one of the most acclaimed classical dances of India. The costume is elegant, as there are nicely embroidered clothes that give luster to the beauty of the art. This dance is very exciting dance.

Chorus Repertory Theater

The Shrine – the main theater

The auditorium of the theater is situated on the outskirts of Imphal and the campus stretches for about 2 acres (8,100 m2). It has housing and working quarters to accommodate a self-sufficiency of life. The theater association has churned out internationally acclaimed plays like Chakravyuha and Uttarpriyadashi. Its 25 years of existence in theater had disciplined its performers to a world of excellence. Chakravyuha taken from the Mahabharat epic had won Fringe Firsts Award, 1987 at the Edinburgh International Theater Festival. Chakravyuha deals with the story of Abhimanyu (son of Arjun) of his last battle and approaching death whereas Uttarpriyadashi is an 80-minute exposition of Emperor Ashoka's redemption.

Indigenous games

The indigenous games of Manipur can be classified as Outdoor and Indoor.

Outdoor

  1. Mukna
  2. Mukna Kangjei (Khong Kangjei)
  3. Sagol Kangjei (Polo)
  4. Yubi lakpi (Coconut Rugby)
  5. Oo-Laobi
  6. Hiyang-Tannaba
  7. Arambai Hunba

Mukna (Manipuri wrestling)

Mukna is a popular sport in Manipur

Mukna is a popular form of wrestling. It has fundamental rules agreed by all Mukna organizations and with Royal Consent. Traditionally the game is controlled and organised by Pana Loisang of the Ruler of the state and village organizations. There are four, Panas-Ahallup, Naharup, Khabam and Laipham, who control all fixtures and times for the games and the State Meet in which the Final is invariably graced by the ruler, who presents the title of Jatra (Champion) for the year along with reward of Thum Nama (A full bag of salt) and Ngabong Phi (hand made cloth of cotton yarn), exemption of all state duties and Ningham Samjin dress (traditional). The game has two categories (1) Takhatnabi (League), (2) Naitom (Knockout). The young talents work and play all the year round with dedication for the title of 'Jatra' (Champion) of Mukna of Manipur.

Mukna Kangjei (Khong Kangjei)

Mukna Kangjei is a game which combines the arts of mukna (wrestling) and Kangjei (Cane Stick) to play the ball made of seasoned bamboo roots. The origin of the game goes back well to Aniconic worship. People celebrate Lai Haraoba (festival to please traditional deities) and include this item to mark the end of the festival. It was believed that Khagemba Ningthou (King, 1597–1652) patronised this game. In later generations, the game is organised in the villages. Presently, associations are formed in Panas with rules and regulations of Mukna Kangjei. The game is played by two teams of seven players each. All players hold a natural cane stick with root, gradually increasing the size of the root, to the length of about seven inches to play the ball made out of seasoned bamboo roots of approximately a diameter of four inches (102 mm). The players put on Mukna Kisi Phijet (dress of cloth knot) to secure protection and holding each other. At present a short pant is added below Kisi[disambiguation needed] (like cloth belt with knots). The game starts by throwing the ball in front of the panjenbas (leaders) of the two teams standing face to face to each other on the line. If possible they can pick up the ball and run. The process of running and obstructing each other to put the ball on the goal line of the ground is allowed, Pun onba (change of side) and end of the game is given by the command of the umpire. The rules for the game are known as Kangjei lon. It has improved a lot and was demonstrated during the Fifth National Games 1999 at Imphal.

Sagol Kangjei (Polo)

To Manipuris according to Chaitharol-Kumbaba, a Royal Chronicle of Manipur King Kangba who ruled Manipur much earlier than Nongda Lairen Pakhangba (33 AD) introduced Sagol Kangjei (Kangjei on horse back). Further regular playing of this game commenced in 1605 during the reign of King Khagemba under newly framed rules of the game. The game requires perfect control of the pony, the stick and the ball with proficiency of riding. The sense of 'fair Play' was the main guided factor of this game. This is played between two teams of Seven players a side. During the time of the late Sir Chandrakirti Singh, K.C.S.I Maharaja of Manipur introduced regular game at Mapal Kangjeibung (now near Tikendrajit Park) on the ground of Sana-Lamjei (length 160 and 80 width in dimension) being one Lamjei equal to 6 ft (1.8 m) The game can be played in smaller ground also if occasion demands. Earlier, there was no definite rules for foul in traditional Sagol Kangjei. Manipur has produced players of outstanding calibres like Jubaraj Bir Tikendraji (Senapati of Manipur Army) as legendary player described by Mrs. Grimwood (1887–90). After 1891, Manipur produced outstanding players like (L) Ojha Tombi and Shyamjai Sharma who never had the chance to play in international tournament. From the history it is an established fact and accepted that Manipur is the birthplace of Polo of the World.

Yubi lakpi

Yubi lakpi is a traditional football game played in Manipur, India, using a coconut, which has some notable similarities to rugby. Despite these similarities, the name is not related to the game of rugby or Rugby School in England, it is in fact of Manipuri origin, and means literally "coconut snatching".

Oolaobi

Oolaobi (Woo-Laobi) is an outdoor game mainly played by females. Meitei mythology believes that UmangLai Heloi-Taret (seven deities–seven fairies) played this game on the Courtyard of the temple of Umang Lai Lairembi. The number of participants is not fixed but are divided into two groups (size as per agreement). Players are divided as into Raiders (Attackers) or Defenders (Avoiders).

The Raiders say "oo" without stopping as long as they can continue and try to touch the Avoiders. If a Raider touches an Avoider is out, the Avoider is out. This process goes on till Avoiders are out or surrender. If a raider fails to say "oo" or is out of breath, the Raider is out. Points are counted on the elimination of Raiders/Defenders.

If Raiders are tired they declare for change and a time limit is decided on. The principles of Oolaobi are very similar to Kabaddi in India. The ground (court) is not marked; normally the open space in the premises of the house or temple is used for the game. Oolaobi is very popular with girls and a source of talent in Kabaddi.

Hiyang Tannaba

Hiyang Tannaba in progress

Hiyang Tannaba (Boat Race) : Hiyang tannaba (Hi Yangba Tannaba) is a traditional function of the Panas. This is held during the month of November. This was introduced during the time of Ningthourel Khunjaoba, the second son of King Khagemba, who dug the Kangla Moat around the Palace to make it impregnable in the year of 1660 after he ascended the throne in 1652.In the traditional function two boats "Tanahi" (Race Boat) are detailed for leaders known as "Tengmai Lappa". In each boat forty Hiroys (Boatsman) operate the boat. The boat which reaches the finishing line is the winner and all boatsman raise their (Now) oars high in the air as a sign of reaching the finishing line first and thus the winner of the race is declared. The leader pays his respect to the deity and the King of Manipur.

Arambai Hunba

People of Manipur are very fond of riding horses specially those who are in the village near the breeding areas. Since the ponies are easily available, the young boys get the chance of riding ponies without saddle on horse back. Sometimes they ride horse using a rope in place of regular bridle throwing branches of small trees in place of Arambai. This practice helped the Manipur Arambai force as a martial art which was very much required during the advance and withdrawal of forces. This art was very popular as an indigenous game of the youth of Manipur. This game is displayed even now, during the festival "Kwak Jatra" after Durga Puja.

Apart from these games, some outdoor games, which are played by children, are in a position of extinction. The games like Khutlokpi, Phibul Thomba, Chaphu Thugaibi etc. are very popular game in Cambodia. Such games are played especially during the Khmer New Year.[19]

Indoor Indigenous Games

Kang

Kang game

Kang is played by both male and female Meities of Manipur. Manipuris believe Kang is a game played by deity " Panthoibi". It is also believed that Manipuris began to play this game well before Vaishnavism came to Manipur. It is culturally a fine game of Manipur specially of Meiteis. It is played under a shed of building on an earth ground (court) smoothly levelled to suit the course of the 'Kang' the target on the court. It is well marked for the respective positions of the players of both to hit the target on the court. It has rules and regulations formed by the associations to suit the occasions of the games either for tournaments or Friendly. The dignitaries of the Palace, even Queen and King also participated on social functions. In olden days 'Kang' was played during summer, starting from Cheiraoba (Manipur New Year) to Kang Chingba. Presently the game is played in several tournaments throughout the year, organised by the Associations. Rules and regulations have been modified to suit the improved process of the game.

Festivals

The various festivals of Manipur are Lui-ngai-niNingol Chakouba, Yaoshang, Ramjan ID, Kut, Gan-ngai, Chumpha, Christmas, Cheiraoba, Kang and Heikru Hidongba. Most of these festivals are usually celebrated on the basis of lunar calendar. Almost every festival celebrated in other states is observed here and it makes Manipur a mini metropolis.

Ningol Chakouba (November)

A social festival of the Meiteis and many communities of Manipur where the married women (Ningol) are invited (Chakouba-literally calling to a meal; for dinner or lunch) to a feast at their parental house along with their children. Besides the feast, gifts are given to the women/invitees and to their children. It is the festival that binds and revives the family relations between the girls married away and the parental family. Nowadays, other communities have also started celebrating this kind of a family-bonding festival. It is held every year mostly during the month of November. Sometimes it falls in October.

"Ningol" can mean a family's woman or a girl child and is not necessarily married.

Yaoshang (February/March)

Yaoshang is one of the colourful and biggest festival of Manipur now it is mixed up with holi festival. The actual name of Yaoshang is "Yawol Shang" in remembrance of Manipuri god "Pakhangba" play often in a small hut. It is celebrated for five days starting from the full moon of "Lamta tha" the last month of Manipuri month (February/March). At the first day of Yaoshang "Yawol Shang" will make and burn just after the sunset with a spiritual function in every "Leikai" that is village or sub villages that have their names that is called "Yawol Shang Mei Thaaba", and just after burned "Yawol Shang" the children beg for some moneys in every house that is called "Nakatheng". In the second and third days girls goes to their relatives for their "nakatheng" and block roads with ropes for some moneys. In the fourth and fifth days boys starting to pour or splash water one another etc.. Another feature of this premiere festival is the Thabal Chongba (Dancing in the Moonlight). The boys from various places will come to the site of the festival and dance with the girls by holding on to their hands and moving in circles.

Christmas (December)

The Hill dwellers consisting of various tribes (Kuki, Naga, Hmar etc.)in Manipur are Christians and celebrate Christmas for two days with prayers, reading of gospels, eating, singing of hymns, lectures on Christ, sports etc. It is usually observed on 24 December and 25. The Kuki are the second largest people in terms of population, next to the Meitei people. Few of them living in the plain area but most of them living in the hill area from generation to generation. Nowadays, one can find a small but rapidly expanding Meitei Christian population both in the urban and rural areas.

Kut (Post Harvest festival) (November)

A post harvest festival predominantly celebrated by Kuki-Chin tribes in Manipur has become one of the leading festivals of the state. Kut is not restricted to a particular community or tribe but the whole state populace participates in merriment. On 1 November of every year the state declared holiday for Kut celebration. The festival is marked by various cultural events such as traditional dances, folk dances, songs, sports and the most popular Miss Kut contest. It is a festival of peace and thanksgiving to the Almighty for the harvests.

Gaan-Ngai

Gaan-Ngai is the greatest festival of the Zeliangrong people. Its a 5 day long festival and is usually performed on the 13th day of the Meitei month of Wakching as per the Meitei Calendar of the lunar year.

Ramjan Id

The Manipuri Muslims observed this festival in the very spirits of joy and festivities as in other Muslim world. During this month the Muslims practice denial by taking a fast, abstaining from eating and drinking, from pre-dawn till sunset. After the second day of shawwal, when the new moon is visible they break fast which is also popularly known as Id-Ul-Fitre. They offer prayers at the mosques, have delicious dishes, exchange greetings and call on the friends and relatives. Ramjan is the ninth month of the Hijri year.

Cheiraoba (New Year of Manipur (Sajibugi Nongma Panba), March/April)

Cheiraoching Kaba

People of Manipur clean and decorate their houses and make a sumptuous variety of dishes to feast upon after offering food to the deity on this day. This is the first date of the Meitei Lunar calendar. After the feast, as a part of the rituals, people climb the nearest hill tops or the "CHEIRAOCHING" located in Chingmeirong; in the belief that it would excel them to greater heights in their worldly life. It is observed during the month of March/April.

Separatist insurgency

A separatist insurgency began in 1964, although momentum to a more violent phase did not occur until 1978.[20] The Separatists demand a sovereign state separate from the Union of India, a claimed lack of development, plundering of local resources, and a general discontent is part of their argument.[20][21][21] The international Human Rights Watch, argues that human rights violations by Indian Security Forces have only fuelled the insurgency.[22][22] It adds that the Indian Army have at times acted with impunity as anti-terrorism laws in the state make prosecution of human rights violators difficult.[13][23][24][25]

There are currently 34 groups, including non-violent ones, that demand independence from India.[20] In 1999, some of these groups coalesced into an alliance organization called the "Manipur People's Liberation Front." Of these, the three most prominent are the United National Liberation Front (UNLF), Peoples Revolutionary Party of Kangleipak (PREPAK), and PLA of Manipur. The UNLF is estimated to have 2500 active militants, the PREPAK with 1500, and PLA with 3000.[20] The Indian news organization, Rediff, contends:

As of today, Manipur is the worst case scenario in the north-east as far as militancy is concerned. Apart from the fact that there are more militant groups in the state than anywhere else -- at least seven prominent groups operate in Manipur -- the rivalries between these outfits often leads to greater violence.[26]

The Kuki insurgent groups want a separate state for the Kukis to be carved out from the present state of Manipur. The Kuki insurgent groups are under two umbrella organisation, Kuki National Organisation (KNO) and United Peoples Forum.[27]

The situation is further complicated because insurgent groups are not united in the same cause. The Nagas wish to annex part of Manipur and merge with a greater Nagaland or Nagalim, which is in conflict with Meitei insurgent demands for the integrity of their vision of an independent state.[20] There were many tensions between the different tribes and have witnessed numerous clashes between Naga and Kukis, Meiteis and Muslims.

Tourism

Manipur, as the name suggests, is a land of jewels. Its rich culture excels in every aspects as in martial arts, dance, theater and sculpture. The charm of the place is the greenery with the moderate climate making it a tourists' heaven. The beautiful and seasonal Shirui Lily at Ukhrul (district), Sangai (Brow antlered deer) and the floating islands at Loktak Lake are few of the rare things found in Manipur. Polo, which can be called a royal game, also originated from Manipur. Some of the main tourist attractions are:

Imphal (Capital)

The city is mainly inhabited by the Meitei with a large migrant population from Bihar, UP, Rajasthan, West Bengal, Punjab, Tamil Nadu, Kerala, etc. and it is just 7 km (4.3 mi) from the airport of Manipur (Tulihal Airport). The district is divided into East and West and the recently constructed sports complex (Khuman Lampak Sports Complex) for the 1997 National Games is also one of the attractions consisting of every thing from a cyclists velodrome to the main stadium. Most of the imported goods are sold here at its Paona Bazar, Gam-bir Sing Shopping Complex, Ningthibi Collections and Leima Plaza.

Shree Govindajee Temple

Shree Shree Govindajee Temple

This temple in Manipur diplomatically adjoins the palaces of the former rulers of the then kingdom, dull in design with gold domes, a paved court and a large, raised congregation hall. The deity in the center has other idols of Radha Govinda, Balaram and Krishna and Jagannath, Balabhadra and Subhadra on either side of it.

Keibul Lamjao National Park

Sangai at Keibul Lamjao National Park

Keibul Lamjao National Park, 48 km (30 mi) away from Imphal is an abode of, rare and endangered species of Brow Antlered deer (Scientific name: Rucervus eldii eldii). This ecosystem is home to 17 rare species of mammals. The greenery of the place and the moderate temperature makes a pleasant experience to visit.[7] It is the only floating national park of the world.

Loktak Lake

Loktak Lake is a freshwater lake where most of the people of Manipur get their share of fish. The special treat to watch are the floating islands popularly known as Phumdi which is made out of the tangle of watery weeds and other plants. With a nominal fee, people can hire small boats and see the fascinating way of life on these floating islands. The wetland is swampy and is favourable for a number of species to thrive on. It is in the district of Bishnupur. Etymology of Loktak is "Lok = stream and tak= the end" (End of the Streams).[7]

Churachandpur

Churachandpur is the second largest town in Manipur. The town is thriving business centre in the Khuga Valley. The main attraction of the district is the Khuga Dam, which is some 7 km south of the proper town.

Moreh

Moreh is a booming border town in the Indo-Burmese border. It is inhabited mainly by the Kukis and some other ethnic communities like the Meiteis, Nepalis, Sikhs, Bengalis, Biharis, Rajasthanis, Tamils, etc. There is a thriving trade between India and Burma through this town. With the legal trade there also exist thrives illegal trade, mostly opium, going on through this town. To control this town there was a huge tussle between the militant groups, KNA of the Kukis and NSCN(IM) of the Nagas, which resulted in ethnic conflict between the two resulting in the loss of thousands of lives in the early 1990s. Of late, the Kukis went to benefit largely from this thriving border trade and increasing their livelihood. The town of Moreh in particular has an estimated 17,000 Tamils. [28] Tamils in Manipur have relatives and business contacts in Myanmar, which is a valuable network facilitating cross-border trade.[29]

  1. More on Places of Interest In manipur

Other places of interest

War cemeteries

Commemorating the memories of the British and Indian soldiers who died during the Second World War, these cemeteries are managed by the Commonwealth War Graves Commission. Serene and well maintained, the graves carry small stone markers and bronze plaques.

Khonghampat Orchidarium

7 km (4.3 mi) from Imphal, on National Highway 39 (India) is the Central Orchidarium, which covers 200 acres (0.81 km2) and houses over 110 rare varieties of orchids, which include almost a dozen endemic species. The peak blooming season is March – April.

Manipur Zoological Gardens

6 km (3.7 mi) to the west of Imphal, at the foot of the pine growing hillocks at Iroisemba on the Imphal-Kangchup Road are the Zoological Gardens. Not to be missed is an opportunity to see the graceful brow antlered deer (Sangai) one of the rarest species in the world, in sylvan surroundings.

Moirang

45 km (28 mi) from Imphal, the town is one of the main centres of early Meitei folk culture with the ancient temple of the pre-Hindu deity Lord Thangjing, situated here. In the month of May, men and women, dressed in colourful traditional costumes, sing and dance in honour of the Lord at the Moirang "Lai Haraoba" which is a ritual dance festival held each year. The town also has a special place in the history of the Indian freedom struggle. It was at Moirang that the flag of the Indian National Army was first unfurled on 14 April 1944.

Loktak Lake and Sendra Island

Bird's eye view of Floating Cafe' on Loktak Lake from Sendra Hill

48 km (30 mi) from Imphal, lies the largest fresh water lake in the North East India, the Loktak Lake, a veritable miniature inland sea. From the Tourist Bungalow set atop Sendra Island, visitors get a bird's eye view of life on the Lake-small islands that are actually floating weed on which live the Lake people, the shimmering blue waters of the Lake, labyrinthine boat routes and colourful water plants. The Sendra Tourist Home with an attached cafeteria in the middle of the lake is an ideal tourist spot.

Kaina

It is a hillock about 921 metres above sea level and a sacred place of the Manipuri Hindus. So goes the story that one night, Shri Govindajee appeared in the dream of his devotee, Shri Jai Singh Maharaja and asked the saintly king to install in a temple, an image of Shri Govindajee. It was to be carved out of a jack fruit tree, which was then growing at Kaina. The scenery in this place is charming and the hill shrubs and natural surroundings give the place a religious atmosphere. It is only 29 km (18 mi) from Imphal.

Khongjom

Khongjom war memorial

36 km (22 mi) on the Indo-Burmese road, a war broke out between Manipur and British India in 1891. It is here that Major General Paona Brajabashi, one of the great warriors of Manipur proved his valor against the superior force of the invading British Army in 1891. A War Memorial has been constructed on the top of the Kheba Hill. 23 April is celebrated as Khongjom Day every year and is a state holiday.

Tengnoupal

69 km (43 mi) from Imphal. The highest point on the Indo-Burmese Road, from here, you can have a full view of the valley of Burma.

Ukhrul

83 km (52 mi) to the east of Imphal, this district headquarters of Manipur East is the highest hill station of the state. A centre of the colourful warrior tribe Tangkhul Nagas, it is well developed and famous for its peculiar type of land-lily, the Shirui, grown in the Shirui hills. Shirui Hills and Khangkhui Lime Caves are interesting places for excursions.

Manipur State Museum

The interesting museum near the Polo Ground in the heart of Imphal has a fairly good display of Manipur's Tribal heritage and a collection of portraits of Manipur's former rulers.

Maibam Lotpa Ching

It is a hillock about 16 km (9.9 mi) from Imphal on Tiddim Road. It is a thrilling spot where a fierce battle took place between the British and the Japanese force in World War II and regarded as a holy place. There is also a monument in memory of the Japanese Martyrs who sacrificed their lives in this fierce battle.

Willong Khullen & Yangkhullen

Stone Erections of Willong Khullen

Willong Khullen is a village located some 37 km (23 mi) from National Highway 39 (India) (Maram) on the Maram-Peren Road. It is home to a stone erection very similar to Stonehenge. Some of the tallest stones are seven meters tall and one meter thick.

The village of Yangkhullen is built on a steep slope on the hills.

Leimram Waterfall

Leimaram waterfall

A popular tourist and picnic spot in Sadu Chiru known as Leimram waterfall(near Ichum Keirap village) 27 km (17 mi) from Imphal, in the Sadar hill area, Senapati district. Hundreds of tourist flocks to this place to enjoy the view of this waterfall and the natural beauty surrounding it. Consisting of three falls with the first fall about thirty meters high. On the side of it, a newly park or garden-'Agape park' is situated. It is owned and managed by Kamlun Telien of Ichum Keirap.

Entry to Manipur

Until recently, entry to Manipur was controlled by the central government, for both foreigners and citizens of India. The state government as per directives from the Ministry of Home Affairs (MHA), Government of India on 9 November, relaxed existing guidelines of the ministry's circular No. 249 under letter no. 15011/7/95-F.I dated 29/6/1998 and delegated powers to issue Protected Area Permits (PAP):

  • To visiting foreign tourists in a group of two or more persons with a recognized travel agent who would act as an escort of the group up to a maximum period of 30 days.
  • Foreigners married to Indian nationals belonging to Manipur can visit the state on tourist visa for a maximum period of 90 days.
  • IO/OCI card holder hailing from Manipur, visiting foreign nationals engaged in development/welfare project would continue to require prior permission of MHA after examining proposal in consultation with security agencies, MHA may consider issue of PAP to such visits of foreign nationals initially for a period up to 180 days.

The official order of state Home department also mentioned the permitted areas of foreigners to be visit in the state including, Loktak Lake, Imphal, INA Memorial Moirang, Keibul Lamjao Deer Sanctuary, Waithou Lake, Imphal-Bishnupur-Phubala-Moirang-sendra-Keibul Lamjao-Imphal, Imphal _Moirang Lake-Keibul Lamjao-Churachandpur-Khuga River-Imphal, Imphal-Litan-Ukhrul-Shiroy-Sangshak-Imphal, Imphal-Thoubal- Waithou Lake- Khongjom-Kakching- Thongjao-Waikhong-Sugunu-Imphal, Imphal-Khonghampat-Kanglatombi-Kangpokpi-Senapati-Karong-Mao gate-Imphal and Imphal Noneh-Khongsang-Nungba-Jiribam-Imphal.

The official order further mentioned whereas until now foreigners were required to travel by air from Calcutta to Imphal, henceforth, foreign tourists will also be allowed to enter by road along with NH-39 and NH-53. This circuit would be Dimapur-Kohima-Imphal-Jiribam-Silchar, the official order mentioned.

Media

Radio

1. All India Radio, Akashvani Imphal (On AM). 2. All India Radio, Akashvani Imphal (On FM). 3. All India Radio, Akashvani Churachandpur(On FM)

Telecommunications

Television

1. Doordarshan, DD Imphal.

Cable Tv Network

News websites and Manipuri Vernaculars

  1. Poknapham Daily (Manipuri Daily).[30]
  2. The Sangai Express (English Daily).[31]
  3. Hueiyen Lanpao (English Daily).[32]
  4. Ireibak (Manipuri Daily).[33]
  5. Naharolgi Thoudang (Manipuri Daily).[34]
  6. The Peoples Chronicle(English Daily).
  7. E-Pao (English web).[35]
  8. Kanglaonline (English web).[36]
  9. Imphal Free Press (English Daily).[37]
  10. The Gosem (Thadou Daily)
  11. Zalen Banner (Thadou Weekly News)
  12. AJA (Tangkhul Daily).[38]
  13. Manipur Express (Paite Language Daily)
  14. Lamka Post (Paite Language Daily)
  15. ZOGAM.COM (Bilingual Website).[39]
  16. Hmasawnna Thar(Hmar language daily)[40]

Economy

Market in Imphal

Macro-economic trends

This is a chart of trends of gross state domestic product of Manipur at market prices estimated by Ministry of Statistics and Programme Implementation with figures in ten millions of Indian Rupees.[41]

Period Gross State Domestic Product (in Rupees, Crores***)
1999–2000 3260
2000–2001 3112
2001–2002 3369
2002–2003 3506
2003–2004 3979
2004–2005 4568
2005–2006 5066
2006–2007 5403
2007–2008 5848
2008–2009 6344

See also

References

  1. ^ Laininghan Naoria Phulo, Meitei Haubham Wari (The Origin History of Meiteis), 1934.
  2. ^ Naorem Sanajaoba, Maipur Past and Present, Mittal Publication, Delhi, 2005
  3. ^ Ningthoujongjam Khelchandra, History of Ancient Manipuri Literature, Manipuri Sahitya Parishad, 1969
  4. ^ Gangmuei Kabui, History of Manipur, National Publishing House, Delhi, 1991.
  5. ^ Prabhakara, M.S. (September 9, 2006). "Degrees of separatism". The Hindu. Retrieved November 4, 2010.
  6. ^ http://www.manipur.we.bs/
  7. ^ a b c d Fate of Loktak Lake
  8. ^ Haokip, Shri Ngamthang (2007) "Basine Delineation Map of Manipur" Profile on State of Environment Report of Manipur, 2006-07 Ministry of Environment and Forests, Manipur, p. 4
  9. ^ Government of Manipur. "Irrigation And Water Management". Retrieved October 31, 2010.
  10. ^ Centre for Science and Environment (India). "The Arithmetic of Water in India". Retrieved October 31, 2010.
  11. ^ Director of Commerce and Industries, Manipur. ""Soil and Climate of Manipur"". Retrieved October 31, 2010.
  12. ^ "Census Population" (PDF). Census of India. Ministry of Finance India. Retrieved 2008-12-18.
  13. ^ a b Datta, Tanya (8 August 2007). "India's 'forgotten' war". BBC News. Retrieved 12 May 2010.
  14. ^ "Rail link from Manipur to Vietnam on cards: Tharoor - Times Of India". The Times Of India.
  15. ^ "Census of India - Religious Composition". Government of India, Ministry of Home Affairs. Retrieved 8 August 2012.
  16. ^ macks nigombam. "A Brief history of the Meiteis of Manipur". Themanipurpage.tripod.com. Retrieved 2010-07-18.
  17. ^ Indian Census
  18. ^ Religious Composition
  19. ^ Singh, Atom Sunil; Borderless Connectivity on Indigenous Games between Cambodia and Manipur, The Sangai Express, 4 June 2008.
  20. ^ a b c d e chandru. "MANIPUR- in a strange whirlpool of Cross-Current Insurgency". Southasiaanalysis.org. Retrieved 2010-07-18.
  21. ^ a b "Insurgency In Manipur :: KanglaOnline ~ Your Gateway". Kanglaonline.com. Retrieved 2010-07-18.
  22. ^ a b "India: Army Killings Fuel Insurgency in Manipur | Human Rights Watch". Hrw.org. 2008-09-15. Retrieved 2010-07-18.
  23. ^ ibid
  24. ^ Manipur, The Hindu, 30 August 2009
  25. ^ "India's Independent Weekly News Magazine". Tehelka. Retrieved 2010-07-18.
  26. ^ "'Insurgency is biggest business in northeast'". Rediff.com. 1986-10-03. Retrieved 2010-07-18.
  27. ^ www.kukination.net
  28. ^ http://manipur.nic.in/planning/DraftMSDR/Draft_SDR_pdf/Chapter%2011_Border%20Trade.pdf
  29. ^ Thongkholal Haokip, Looking East via Moreh: Prospects and Challenges for the Kukis, in The Kuki Society: Past, Present and Future New Delhi: Maxford Publishers, 2011, pp. 190-202
  30. ^ Manipur News | Manipur Daily | Poknapham - Manipuri News!
  31. ^ # The Sangai Express (English) The Sangai Express - Largest Circulated News Paper In Manipur
  32. ^ Hueiyen Lanpao - Breaking News, Current News, North East India, Manipur News, News Online
  33. ^ : IREIBAK - Daily Manipuri Newspaper :
  34. ^ Naharolgi Thoudang - Sunday, March 27, 2011 Naharolgi Thoudang celebrates 15th Anniversary. We are very thankful to all our esteem readers for being with us
  35. ^ Manipur - E-Pao! :: Complete e-platform for Manipuris
  36. ^ Kanglaonline | Your Gateway to Manipur, Nagaland, Arunachal Pradesh, Assam, Mizoram, Tripura, Meghalaya
  37. ^ Imphal Free Press - Leading Newspaper in Manipur
  38. ^ Reclaiming our past - Tangkhul.com
  39. ^ # ZOGAM.COM (Bilingual) Zogam.com - Bridging the Zomis
  40. ^ Hmasawnna Thar
  41. ^ Statement: Gross State Domestic Product at current pricesGovernment of India, Ministry of Statistics retrieved: 16 December 2009

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