Armed Forces Special Power Act

Armed Forces Special Power Act
Author: Dr. U C Jha
Publisher: Vij Books India Pvt Ltd
Total Pages: 346
Release: 2015-03-01
Genre: Law
ISBN: 9384464619

The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to ‘arrest’ without warrant, ‘destroy property’ and ‘shoot to kill’, besides providing them with complete immunity. The loud and continuous clamour against the Act has drawn the attention of various international organizations. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has recently called for the repeal of the law, stating: “AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped.” On the other hand, the armed forces hold that the AFSPA is necessary for tackling the growing menace of militancy and protecting their men from the unnecessary harassment caused by litigation. General V K Singh, the former chief of army staff and now a cabinet minister, has emphasized that the AFSPA is a ‘functional requirement’ of the armed forces. This is the first book in India not only to attempt a complete analysis of the various provisions of the AFSPA, but also to provide an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated, and at the same time, argues that it is equally important to safeguard the human rights of the members of the armed forces. In order to help find an amicable solution, the author makes a few recommendations for the consideration of the government and armed forces.

Indian Military Domestic Deployment

Indian Military Domestic Deployment
Author: U C. Jha
Publisher:
Total Pages: 322
Release: 2018-02-06
Genre:
ISBN: 9789386457424

This book will help to enhance the understanding of the legal position of the armed forces, which is of paramount importance today due to the blurring of the lines between national security, anti-insurgency operations and law enforcement.

"Everyone Lives in Fear"

Author:
Publisher: Human Rights Watch
Total Pages: 152
Release: 2006
Genre: Human rights
ISBN:

Key recommendations - A note on methodology. -- Background: People, the India-Pakistan dispute, political history, recent developments, and peace talks. - The people of Jammu and Kashmir - India-Pakistan dispute - Political history inside Jammu and Kashmir. -- Legal causes of abuses and impunity. Preventing arrest: Section 45 of the Criminal Procedure Code - Preventing prosecution: Section 197 of the Criminal Procedure Code - The Jammu and Kashmir Disturbed Areas Act and Armed Forces (Jammu and Kashmir) Special Powers Act -- The Jammu and Kashmir Public Safety Act, 1978 -- Legal weaknesses in the Human Rights Protection Act -- Weaknesses in military court jurisdiction. -- The origins of impunity: failure of accountability in Jammu and Kashmir since the start of the conflict. A. Shootings at Gawakadal, Srinagar - B. Death of Mirwaiz Maulvi Mohammad Farooq - C. The Beijbehara killings - D. The killing of Jalil Andrabi - E. Chattisinghpora massacre and ensuing killings. -- Recent abuses and continuing impunity. A. Killings - B. "Disappearances"--C. Torture and cruel, inhuman, and degrading treatment - D. Arbitrary detentions. -- Militant abuses. Militant goups and Pakistan's role in the conflict. - A. Politically motivated killings, summary executions, and intimidation - B. Direct and indiscriminate attacks on civilians - Militant attacks on schools and recruitment of children. -- Recommendations. To the government of India - To the state government of Jammu and Kashmir - To militant groups - To the government of Pakistan - To the United Nations - To the international community, in particular those states with significant influence on India, Pakistan, and militant groups. -- Acknowledgements.

Northeast Migrants in Delhi

Northeast Migrants in Delhi
Author: Duncan McDuie-Ra
Publisher: Amsterdam University Press
Total Pages: 209
Release: 2012
Genre: Social Science
ISBN: 9089644229

The Northeast border region of India is a crossroads of Southeast Asia, where India meets China and the Himalayas, and home to many ethnic minorities from across the continent. The area is also the birthplace of a number of secessionist and insurgent movements and a hotbed of political fervor and violent instability. In this trailblazing new study, Duncan McDuie-Ra observes the everyday lives of the thousands of men and women who leave the region every year to work, study, and find refuge in Delhi. He examines how new migrants navigate the rampant racism, harassment, and even violence they face upon their arrival in Delhi. But McDuie-Ra does not paint them simply as victims of the city, but also as contributors to Delhi's vibrant community and increasing cosmopolitanism. India's embrace of globalization has created employment opportunities for Northeast migrants in many capitalistic enterprises: shopping malls, restaurants, and call centers. They have been able to create their own “map” of Delhi and their own communities within the larger and often unfriendly one of the metropolis.

Reparations for Indigenous Peoples

Reparations for Indigenous Peoples
Author: Federico Lenzerini
Publisher: OUP Oxford
Total Pages: 680
Release: 2008-01-24
Genre: Law
ISBN: 0191553050

Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.

India's National Security

India's National Security
Author: Satish Kumar
Publisher: Routledge
Total Pages: 379
Release: 2016-03-23
Genre: Political Science
ISBN: 1134931239

The twelfth volume in the series India’s National Security: Annual Review offers a detailed analysis of India’s complex security environment: persistence of major threats, alongside a constructive engagement with major powers based on its economic growth, military power and political stability. Topping the list of India’s external security concerns is China’s veiled hostility, manifest in its strategic nexus with Pakistan, incursions into India’s borders and enhanced military deployment in India’s immediate neighbourhood. Added to these are the intractable boundary dispute and uncertain implications of the recent leadership change in China. India, nevertheless, is attempting to cope with China’s pressures by engaging with it at a diplomatic level and improving its own defence capability. Pakistan remains another major threat, because of its refusal to take action against militants responsible for the 2008 Mumbai terror attacks, its efforts at expanding its nuclear arsenal, and the increasing sway of right-wing elements on its society, politics and security forces. India further faces the challenges of facilitating Nepal’s difficult transition to democracy, safeguarding its strategic interests in Afghanistan, stabilising Maldives’ fledgling democracy, and tackling ethnic insurgencies along its borders with Myanmar. On the other hand, there are positives like India’s strategic partnerships with Russia, US, France, Britain, Germany, and Japan, as well as a flowering relationship with Bangladesh. India’s internal security situation is less alarming, with progress in talks with some North-Eastern insurgent outfits; a sharp fall in casualties due to left-wing extremism (LWE); and a gradual reduction in terrorist-related incidents in Kashmir. But sporadic cross-border infiltrations in Kashmir and spread of LWE to urban areas still pose challenges. Addressing such and other issues, this book will be indispensable for policymakers and governmental organisations; those in defence and strategic sectors; and students of defence studies, foreign policy, international relations, and political science.