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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