| Publication |
2011.
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| Summary/Abstract |
The Armed Forces (Jammu & Kashmir) Special Powers Act (AFSPA) has been in force since the last two decades without a lull in between. More than anything else, it has facilitated violations of human rights on account of several of its draconian provisions. Though originally meant for a limited period, AFSPA has become a permanent feature now. The reports of torture, custodial killings, rapes, forced disappearances, fake encounters continuously pour from the state. Moreover, there is a virtual military rule in the state with 500,000 armed troops (300,000 army troops, 70,000 Rashtriya Rifle soldiers, 130,000 central police forces) to control the people and over 100,000 civilian intelligence and surveillance operatives to monitor them. The AFSPA has emboldened these forces to use excessive force to suppress popular aspiration in order to maintain 'calm' which has resulted in the death of thousands of innocent people. This article argues that this situation is untenable in view of the oft-claimed democratic credentials of India and hence argues for AFSPA's annulment.
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