Skip to main content

In Nagaland accountability, justice are seen through 'military or security' lens: PUCL

Counterview Desk 

Making a strong demand to immediately prosecute military officials responsible for the Mon massacres in Nagaland, India's top human rights organisation, People's Union for Civil Liberties (PUCL) has said that the Government of India must publicly ensure that the culprits do not enjoy any immunity from prosecution u/s 6 of the Armed Forces Special Powers Act (AFSPA), 1958.
In a statement, Dr V Suresh, general secretary, PUCL, told Government of India, "The entire North East region is seething with anger against the impunity, and immunity, extended to the army and security forces because of the special laws like AFSPA and the Disturbed Areas Act, which not only provide immunity from prosecution for military and security officials but also puts the civilian administration under the control of the security forces."

Text:

PUCL strongly condemns the tragic and brutal killing on Saturday, 4th December, 2021 of 6 unarmed civilians (belonging to the Konyak tribe), in a military ambush in an area between Tiru and Oting village in Mon District of Nagaland.
What is more shocking, and actually highlights the army’s absolute impunity, is the further shooting down by the military forces, of 8 other civilians on Sunday, 5th December, 2021, in Mon Town when local villagers protested the killings.
Most tragically, villagers protesting the murder by the army were themselves murdered, in even larger numbers.
The reasoning of the military that the military ambush was required as part of covert operations conducted by the security forces to intercept movement of armed cadres lacks any logic or rationale as Mon district and the region itself has not witnessed any armed conflict for several decades.
No amount of post facto attempts to explain the two shocking incidents can wipe out the harsh reality that the deaths of 14 civilians is nothing short of cold blooded murder. What should follow from this chilling and logical conclusion is that all the security officials involved, including senior military and intelligence officers should be prosecuted for murder, arrested immediately and made to stand trial.
The Indian government should not obfuscate and try to cover up the murders that have taken place. The Government of India should categorically declare that the guilty military / security officials will not be given immunity under section 6 of the AFSPA which provides protection against prosecution for security personnel, even if they commit murder.
It is absolutely important that the government ensures an independent, fair and just investigation of the entire incident leading to the prosecution of all officials responsible followed by a speedy conclusion of the trial. Only then can there even be a beginning to the process of healing from this brutal and cold blooded double massacre.
The large-scale killing of innocent, unarmed civilians by military forces in Mon district of Nagaland once again exemplifies the reluctance of the Indian state to arrive at a mutually agreeable political solution to the demands of the people of Nagaland.
What is most tragic is that for almost 2 decades the people and most political groups of Nagaland have willingly forsaken armed conflict in favour of negotiated settlement to their political demands. Despite this, the Government of India, has till now has not come forward with a concrete proposal and clinched the peace talks with the Naga groups.
Under these circumstances, there is now a greater responsibility on the Government of India to show their bona fides by both ensuring that the security officials are named as accused and prosecuted for the murders while also ensuring that the delayed Peace Talks are concluded expeditiously.
The PUCL would like to bring to the attention of the Indian government that the entire North East region is seething with anger against the impunity, and immunity, extended to the army and security forces because of the special laws like the Armed Forces Special Areas Act (AFSPA) and the Disturbed Areas Act, which not only provide immunity from prosecution for military and security officials but also puts the civilian administration under the control of the security forces. 
Repeated army excesses underscore that peace cannot be brought about using the military and armed might
The use of paramilitary and military forces without accountability to democratic institutions or being subject to judicial oversight, has led to large scale militarisation of Nagaland, and indeed the entire North East region.
This approach has led to the government dealing with demands of people for accountability, transparency and justice being seen through the `military or security’ lens and being dubbed `anti-national’ and a threat to the security of the nation warranting military actions.
Repeated army excesses including encounter killings and continuing armed clashes only underscores that peace cannot be brought about using the military and armed might of the security forces but by holding peace talks, respecting the views, sentiments and dignity of people of the region and engaging in genuine discussions to find a political solution to the varied problems in the North Eastern region. Strong arm tactics have only led to further aggravating the sense of anger, frustration and alienation of local people.
It is high time that the Government of India repeal the AFSPA, the Disturbed Areas Act and other military laws, which have not helped to bring peace to the troubled areas of the North East.
Justice is what is urgently required and the Indian Government must move beyond facile apologies and urgently undertake reparative action which should include prosecution and punishment of the guilty as well as the repeal of laws which have permitted this state of impunity to continue unchallenged for over seventy years.

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Spirit of leadership vs bondage: Of empowered chairman of 100-acre social forestry coop

By Gagan Sethi*  This is about Khoda Sava, a young Dalit belonging to the Vankar sub-caste, who worked as a bonded labourer in a village near Vadgam in Banskantha district of North Gujarat. The year was 1982. Khoda had taken a loan of Rs 7,000 from the village sarpanch, a powerful landlord doing money-lending as his side business. Khoda, who had taken the loan for marriage, was landless. Normally, villagers would mortgage their land if they took loan from the sarpanch. But Khoda had no land. He had no option but to enter into a bondage agreement with the sarpanch in order to repay the loan. Working in bondage on the sarpanch’s field meant that he would be paid Rs 1,200 per annum, from which his loan amount with interest would be deducted. He was also obliged not to leave the sarpanch’s field and work as daily wager somewhere else. At the same time, Khoda was offered meal once a day, and his wife job as agricultural worker on a “priority basis”. That year, I was working as secretary...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Proposed Modi yatra from Jharkhand an 'insult' of Adivasi hero Birsa Munda: JMM

Counterview Desk  The civil rights network, Jharkhand Janadhikar Mahasabha (JMM), which claims to have 30 grassroots groups under its wings, has decided to launch Save Democracy campaign to oppose Prime Minister Narendra Modi’s Vikasit Bharat Sankalp Yatra to be launched on November 15 from the village of legendary 19th century tribal independence leader Birsa Munda from Ulihatu (Khunti district).

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...