A day after a UN Special Rapporteur urged the Indian government to repeal the controversial Armed Forces Special Powers Act (AFSPA) in force in troubled areas of the country, Union Home Minister P. Chidambaram said that his ministry is seeking amendments to this draconian law.
The UN Special Rapporteur on extra judicial, summary or arbitrary executions, Christof Heyns, was here on the invitation of the home ministry. He was also taken around by the ministry during his 12-day fact-finding mission in India, said sources.
Chidambaram said on Saturday that his ministry is seeking three amendments to AFSPA. He said the proposed changes are pending with the Cabinet Committee on Security .
The report of the Special Rapporteur is a preliminary observation report.
The UN Human Rights Council (UNHRC) which sent the Special Rapporteur will now seek India's views on the draft report after which the matter will be discussed at the Council.
The report is expected to come up for discussion before the Commission only by 2013, said sources in the ministry of external affairs.
The UN Special Rapporteur is not just for India, but for a theme. The Rapporteur visits various countries and prepares theme-based reports after which there is a discussion at the UNHRC.
Among the states Heyns visited were Gujarat, Jammu & Kashmir, West Bengal, Assam and Kerala.
Gujarat Chief Minister Narendra Modi snubbed the Rapporteur when his government called off a scheduled meeting with him at short notice.
Mr Heyns did not go to Manipur, a state where there has been tremendous public opposition to AFSPA
Heyns said that AFSPA should be repealed as it was “a symbol of excessive State power” and "has no role to play in a democracy”. “It clearly violates international law. A number of UN Treaty bodies have pronounced it to be in violation of the international law as well."
He further said, "The main finding in my report is that despite constitutional guarantees and a robust human rights jurisprudence, extra judicial killings continue in India and it is a matter of serious concern."
He also said that India should ratify a number of international treaties, including the Convention Against Torture and the International Convention for the Protection of All Prsons from Enforced Disappearance.
Among the proposed amendments to the AFSPA that the home ministry is considering are dropping advance arrest warrants, taking away from the armed forces the power to open fire causing death, and setting up a grievance redressal cell.
Describing the report as both negative and positive, Mr Chidambaram said: "The Rapporteur has praised the openness and willingness of the Government of India to engage, shown also by the fact that it was willing to host a mission dealing with the right to life, an area in which issues to be tackled are often complex in various countries."
Regarding the UN Rapporteur's remarks on AFSPA, the home minister said, "Yes, we take note of the view but that's not a novel view as there are a number of people who have expressed the same view and there are others who have a contrary view which is why the issue remains unresolved."
Mr Chidambaram further said that his ministry's views have been shaped after considering the Justice Jeevan Reddy report and all other reports.