Indian democracy and its dacronian laws
India completed 50 years of its so-called independence in 1998, which it celebrated extravagantly with much pomposity. It is called the largest democracy in the world, but in the name of democracy an virtual militarization continues in many parts of the subcontinent wherein indigenous peoples and nationalities have taken up revolutionary struggles to achieve their sovereignty. The colonial British had adopted many stringent laws to continue its exploitation over foreign lands and its peoples. But the Indian State machinery has gone many steps ahead and even while maintaining a facade of so-called democracy has introduced several black laws, which the freedom loving democratic peoples of the world would find heinous and abhorrent. These laws continue with the concurrence of the Indian judiciary and Supreme Court and are means of crushing dissent and struggles. These laws are still continuing exploitation and suppression of entire peoples in various parts of the Indian colonies. The main oppressive laws are: -
1. Preventive Detention Act of 1950.
2. Defense of Indian Rules of 1962.
3. Maintenance of Internal Security Act of 1971.
4. National Security Act of 1980.
5. Terrorists and Disruptive Activities Act of 1985.
6. Essentials Services Maintenance Act of 1980.
7. Armed Forces (Special Powers) Act of 1958.
8. Disturbed Areas Act (Assam) of 1980
Using these Black laws indiscriminately the Indian State Machinery has been continuing the violation of the basic fundamental human rights of the people of seven-sister region although it is a signatory to the Universal Declaration of Human Rights of the United Nations. In Assam the situation is going from bad to worse with the struggling peoples even losing their right to live. Thereupon, the international legal institutions and the individuals should compel India to maintain the fundamental human rights of the people of seven-sister region.
Victim of involuntary disappearance
Mr. Ratul Bora, a freedom fighter was apprehended by no 21 Grandediar regiment of Indian army from Jagi Marangial village under Jagiroad P.S. of Morigaon district on January 20 with one of his associates. Later he was taken to Manipur army camp. The whereabouts of Mr. Ratul Bora is still not known. The Indian Army Regiment also keeps tight-lipped. Like the other involuntary disappearance, Mr. Ratul is suspected to have killed by the Indian Army in their custody.
ULFA's concern about "inner-line-permit"
ULFA expresses grave concern over the imposition of inner-line-permit act of Meghalaya Govt. upon the people of Assam. ULFA thinks it will undermine the emotional and historical amity of the people of both states. In addition, the question of imposition of the same rule in Assam for the people of Meghalaya may also arise. The same condition may insist on regarding Nagaland, Arunachal and Mizoram also. Being inter-dependent neighbors it will create a bad impact on the ongoing struggles against colonial rule. ULFA believes that the peoples of the concerning states will take their own initiative in this regard.
Mr. Anil Mazumder and K. Jain, the joint editors of bimonthly
NISAN published from Nalbari District were arrested by the
Unified Command without any legal procedure.
It was alleged by the Unified Command that the newspaper was
advocating the voice of nationalist people of Assam under the
brave leadership of ULFA. In Assam Mr.Mazumdar and Jain are not
the first examples of being the victim of attack on democracy's
fourth column by Indian security forces, before them several
patriot scribes were either killed or thrown into dungeon.
Mass protest against Oil India Ltd.
Feb.12: Thousands gathered at the office of Oil India in Dikom of Dibrugarh district to register their protest against the pollution created by the Oil India Limited during the oil and natural gas drilling process. The people demonstrated their protest chanting slogans to stop drilling and demanding compensation for their lost wealth.
ULFA foils Indian army offensive
Feb: 20 The patriotic soldiers of 7Bn. of ULFA successfully foiled an abortive attempt of 17 Bihar regiment of Indian army after trading a six hours long gun battle. It is believed that the attempt is part of its routine dry season offensive against GHQ of ULFA. No news regarding any causality of Indian side has been so far reported.
Feb: 24 Indian Army Major M. Gangadharan was killed in Jangkhang village of Nawgaon district at around 7 P.M. by a joint mobile operation team of ULFA and Karbi National Volunteer (KNV).
EDITORIAL:
Collective rights: A challenge to the defender
community.
The charter and the promises of UN to promote and protect the
global peace and comprehensive security, above all to avert
another world war have strictly influenced the world political
and diplomatic arena. The preamble of the charter of UN upholds
unanimously the rights of the human being irrespective of race,
colour, religion and political ideas.
In the present era, what we have noticed frequently is the more
attention towards the individual violation rather than the
collective one. Digging for the search of the cause of every
individual human rights violation necessarily unveils the real
face of the violation of the collective rights. In addition, it
is the root cause of the emergence of the violation of the
individual rights. However it is seemed to be ignored by the
present generation of the defenders community despite their all
out sincerity.
Even the issues of the collective rights of the indigenous people
or any distinct nation have been set down till today as a draft
only. UN is still looking on for any concrete decision in this
regard. On the other hand, the developing nations have been
divided time and again in the name of indigenous rights, being
failed to conceptualize the objective reality of the collective
rights.
The Indian leadership sketched Assam, Manipur, Meghalaya,
Nagaland, Mizoram, Arunachal, Kashmir, Punjab etc. forcibly with
the map of India just after the British had left their Asian
colonies. Since then, India has been exercising the issue of
indigenous people's rights for their political purpose to divide
the nations like Assamese, Manipuri, Tripuri etc. Having been
failed to refute the reasons of the legitimacy of the national
liberation struggles against it, India has been taking advantage
of the draft proposal of UN concerning the collective rights of
the indigenous people.
Notwithstanding, the right to the self-determination is declared
already as a genuine collective right by the UN charter itself.
India was also one among the pioneers who signed and ratified the
UN charter unanimously. Moreover, India has been maintaining
double standard policy by occupying of the seven states, Kashmir,
Punjab etc. forcibly since 1947, which necessarily means the
violation of the collective rights of the people. i.e. the right
of self-determination.
The political contradictions in between the oppressed people and
the occupation rule have reached in its absolute state of wide
spread guerilla warfare. The war is right to carry the news of
reprisal, death, torture etc. And the human rights defender
community of the present times is endeavoring to aware of the
world about individual violation of the rights in the wake of war
situation.
In fact, these incidents of violations are only the consequences
and reflections of the denial of the collective rights to the
people to determine their own future. We believe in this
objective phenomenon.
The same condition has been prevailing all over Asia concerning
the collective rights of the small nationalities who choose to
encompass their own future.
Of late, the defender community should confer priority in their
advocacy for the promotion and protection of the fundamental
collective rights of oppressed nations to ensure the peace and
security.
(1) On 19th January, 1999 Mr. Tapan Kalita (22) a freedom
fighter of Changsari Banmajha village under Kamlpur PS of Kamrup
district was shot dead at around 12 PM in Borka-Bonmajha road of
Changsari by a police team led by officer-in-charge of Kamalpur
police station. Before his death the police team tortured him
inhumanly and then threw him into a ditch and shot him dead.
(2) On 22nd January, 1999 Mr.Jiban Patar@ Tilak Patar, a freedom
fighter of Makaria Shilchang village under jagiroad P.S. of
Moriganon district was shot dead by no. 21 Granediar regiment of
Indian Army at around 12 PM in Baghara Silsako.
(3) On 6th February, 1999 at around 4-30 P.M. Mr. Ratneswar
Saikia (35), a freedom fighter of Latabowa village under Rupahi
P.S. of Nagaon district was beaten mercilessly to death in front
of the villagers of Puranigudam Panikhowa chuk by the Assam
Police (Black Panther) and govt. sponsored armed goons.
Rape Cases:
1.Date: 19th Feb:-
Name: Shree Lina Burman
Village: Guwabari
Dist: Kamrup
Background: Innocent village girl
Perpetrator: 17 Bihar Regiment of Indian Army
Incident: Miss Lina Burman had gone to collect firewood in the nearby jungle when the Indian army personnel accosted her and repeatedly raped her.
2.Date : 23rd February '99
Name: Mrs. Maina Rabha
W/O: Lata Rabha
Village: Nakhatgaon
PS : Nagrijuli
Date : 23.2.99
Time: At noon
Place: In her house.
Background: Innocent House wife
Perpetrator:- Indian Army per sonnel camping at Nagrijuli.
The incident :- A group of Indian Army jawans camping at Nagrijuli went to the village Nakhaatgaon in search of ULFA revolutionaries. They entered the house of Jata Rabha and finding him absent and his wife there alone, grabbed her and raped her repeatedly and then left. The villagers then gathered and all the women folk went to the near by Nagrijuli Police Station to lodge a complaint. But in the PS instead of having their complaint registered the women folk were arrested. They were released in the next day after being warned by the policemen in the station not to make any complaints against the Indian Army in future.
