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MANIPUR UPDATE

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 Volume I Issue III  February 2000

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December Opinion 3

Manipur Update
Published by Irengbam Arun
on behalf of the Human Rights Alert
 
Editor :
Babloo Loitongbam

Hard Copy printed at concessionary rates by M/S Lamyanba Printers, Konung Lampak, Imphal 795001

Manipur Update
December Issue
Volume I Issue I, December 1999

Opinion 3

Throughout history, Manipuris had always stood against colonial regimes, and they still do. Despite India's claims to the contrary, its policies and political agenda in Manipur have all the manifestations of past colonial regimes. It still uses the same 'instruments of oppression'.

The Armed Forces (Special Powers) Act, 1958 is one such 'instrument of oppression' inspired by its colonial predecessor, the Armed Forces Special Powers Ordinance, 1942 of British India. India invoked this Act in the State of Manipur since its enactment.

Manipur's opposition to the Act began with Mr Laishram Achaw, one of the MPs from Manipur, criticising the Bill in the Lower House of the Indian Parliament on 8 August 1958 when it was discussed. Mr Achaw called the Bill a 'black law'.

The Act first made its presence felt in the hill districts of Manipur, when the 'specially powered' Indian troops ran roughshod among the tribal populace in the 1960s. It took awhile for the general public to recognise the enormity of the problems associated with the Act.

However, as the cases of human rights violations under the Act piled up, a concerted effort for repealing the Act began in the late 1960s, with the powerful All Manipur Students' Union (AMSU) leading it. Since then, it became one of the most important issues confronting the people of Manipur. It was not just a demand for withdrawal of the Act from Manipur, but for removing it from the statutes.

The movement gained momentum as the jurisdiction of the Act gradually spread to other areas of the State. By the time the entire State was declared a 'disturbed area' under the Act in 1980, the frontline organisations of the State was ready for action. And the Patsoi incident of 1980, during which the Central Reserve Police Force went on rampage in Patsoi area , provided just the opportunity for a mass upheaval.

Like a disturbed hornet's nest, enraged women took to the streets and staged statewide protests against the black laws and its various manifestations. A night-long vigil by torch bearing women in the villages was mounted to check army atrocities and prevent arrests of innocent folks. Thus, the Meira Paibi movement (literally, women torch-bearers) was born.

The Meira Paibi became the rallying point for protests against oppression and colonial manifestations of Indian policies, reminiscent of the Nupilan (Women's War) of 1939 when womenfolk rose against the exploitative policies of the British rulers. Today, the Meira Paibi is at the forefront of the human rights movement in Manipur.

Manipuri students studying outside the State also staged protest demonstrations against the Act. In New Delhi, some students formed in 1980 the Human Rights Forum, Manipur. It filed the first writ petition against the Act in the Supreme Court.

The formation of the Civil Liberties & Human Rights Organisation (CLAHRO) in 1983, consisting mainly of lawyers, gave a push to the human rights movement on the legal front. It started taking up cases of human rights violations in Manipur in the law courts. Until then, taking up human rights case was a novelty among the lawyers.

The movement recieved another shot in the arm in 1992 with the formation of the Committee on Human Rights (COHR). The Committee consisted of representatives from 18 frontline organisations including the All Manipur Students' Union. The Committee launched Statewide campaigns against the Act and other black laws which succeeded in creating a wider base for the human rights movement. It also took up the work of systematic documentation of the incidents of human rights violations and began networking with different human rights organisations in India and abroad.

In 1997, delegates of COHR apprised the UN Human Rights Committee on the actual human rights situation of Manipur. The UN Committee inter alia recognised the political nature of the problems in the North East region and pressed India to look for political solutions while keeping in mind its obligations under Articles 1, 19 and 25 of the ICCPR. The Committee also unequivocally declared that under the Armed Forces (Special Powers) Act the Government was in fact using emergency powers without resorting to Article 4(3) of ICCPR.

Meanwhile, a leading women's organisation, the MACHA LEIMA, began to organize since 1997 a series of human rights workshops for women in different parts of the State. It was designed to empower educated young women with the basic knowledge of human rights and the redressal mechanisms, of documentating human rights situations, and of networking with others like the Meira Paibi movement.

Among the local politicians, the human rights situation always provided a handle for browbeating the parties in power. The demand for repealing the Armed Forces (Special Powers) Act has such a public appeal that almost all the political parties make it a point to include it in their pre-poll manifestos. But, when in power, the same parties tend to forget the promise for fear of being dubbed as anti-national by the Central Government.

After sleeping over it for 18 years, the Supreme Court responded to international and domestic pressure and finally took up the writ petitions and appeals challenging the Act for hearing in 1997. Ignoring the ground realities, the feelings of the affected peoples and the appeals of the international human rights community, the Supreme Court upheld the constitutionality of the Act on 27 November 1997.

Outraged at the Supreme Court decision and as decided in a workshop for human rights defenders by the Amnesty International, human rights groups in Manipur had planned to observe 27 November 1999 as the 'Anti-Armed Forces Special Powers Act Day'. But the State government invoked prohibitory orders in Imphal and banned all meetings as 'anti-national'. This has not deterred the human rights defenders. Rather, it has strengthened the public resolve against the Act and the imposition of an undeclared state of emergency. The search for light at the end of the tunnel continues. 

 

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