A Study on AFSPA in the Light of International Human Rights Law

Abstract

ABSTRACT:

After the World War second the concept of sovereignty deepened it roots and states began to use various methods to protect its integrity and social security. The same process was adopted by the Indian Government to protect the external threats as well as internal disturbances. Under this garb Indian government passed the Armed Forces Special Power Act. Not only did the objectives of act contravene the constitution of India but it was used as a weapon against fundamental freedoms such as self-determination. Wide powers were given to by the state to the armed forces under this Act. This lead to the violation of fundamental human rights protected in the constitution of India and other legal documents. Much more than this the Act is also against the human rights protected under various international human rights instruments. However, the national and the international justice system failed to protect the rights of these people. The state absolved from its basic obligation and duties i.e protecting the life of the people. One cannot out rightly say that such acts should be revoked since the circumstances may demand for reasonable restrictions on various rights and freedoms. However, what should be given preference are the rights of the individual and these acts should be amended to bring them into conformity with the international and national legal standards. The wide margin of appreciation that has been given to the states under international law should be narrowed down in these cases as the facts have shown that power has been abused and human rights have been blatantly violated. The duties of the various levels of government and in particular the judiciary becomes very important in delivering justice and addressing the violation in case of such acts. Accountability, transparency and liability against the state should be strengthened. So what is required is narrow interpretation of the provisions of these act and the objectives should further the rights of the people and not violate them.