Dilemma of Continuing with Armed Forces (Special Powers) Act in Jammu & Kashmir, India (original) (raw)

Abstract

Necessity validates impunity. Or at least this has been the argument from AFSPA advocates. However, the human cost of such unbridled delegation of powers born by the humanity itself and left unattended by state, is alarming. It needs an urgent treatment. Its constitutionality has been upheld by the court; however, its desirability is still contested. A general dissent was voiced out of the regular bench through Jeevan Reddy Review Committee which labeled the law as a ‘symbol of oppression’ and ‘an object of hate’. AFSPA Amendment Bill, 2011 sought to amend few provisions but till now it has not taken any effect. The issue is not of legality or constitutionality, but of more lofty notions like morality and human rights. Fundamental right to life is the direct victim of such military impunity thereby brings AFSPA in direct contradiction with underlying philosophy of our constitution. Not only this, procedural equality is also bypassed to the extent of acute harassment and terror of ge...

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