AFSPA: A Necessity in Kashmir

Abstract

Human rights are those inalienable and fundamental rights and freedoms
which describe certain standards of human behavior, and are regularly
protected as legal rights in national and international law without any
discrimination. These rights are all interrelated, interdependent and
indivisible. They impose an obligation on persons to respect the human rights
of others. They cannot be violated except as a result of due process which is
based on specific circumstances, and require freedom from unlawful
imprisonment, torture, and execution. Undoubtedly the Indian armed forces
also respect for human rights and give their primary concern to human dignity,
personal values, and mitigation of collateral hardship to the public. The Armed
Forces Special Powers Act (AFSPA), which provides effective immunity for
military personnel, implicated in human rights violations. The Indian Armed
Forces are committed to protecting human rights of its citizens even while
conducting counter terrorism or counter insurgency operations. They do not
view it as an impediment but an essential requirement of operations. However
any deliberate effort of ill treatment or misbehaviour by a member of armed
forces is dealt with as per Defense Services Regulations and Army Act, in as
transparent manner as possible. Thus the present paper deals with human
rights versus Indian Armed Forces.