Mrs. Thangjam Vs. AFSPA - A Cry in The Dark

Romita Roy

doi:10.36948/ijfmr.2023.v05i05.7305

Mrs. Thangjam Vs. AFSPA - A Cry in The Dark

Author(s)	Romita Roy
Country	India
Abstract	The Armed Forces (Special Powers) Act (“AFSPA”) has been the subject of several studies which have tried to make sense of its validity, usefulness and moral foundations. Over the course of its existence in several states in the North-East, the powers it has given to Military counterinsurgency operations has not led to the desired outcome it envisioned. Its usefulness in tackling counterinsurgency operations is questionable at best. But the widespread human rights violations it has led to is undeniable. This paper will attempt to add to the existing scholarship on the possibility of scrapping the Act and removing its operation in North-East India. It will carry out an account of the widespread human rights abuses that have been carried out by the Indian military in the region and will argue that the Act ought to be scrapped altogether because of its failure to adhere to certain normative principles reflecting human dignity and freedom that the state has an obligation to uphold towards its citizens. It will not only analyse the provisions of the Act but will move towards assessing AFSPA in the international legal paradigm in which counterinsurgency is carried out. The paper shall finally conclude by imagining a possibility of allowing the scrapping of the Act which would be beneficial towards State security, the rights of citizens and setting norms for obligations of the State in upholding human rights.
Keywords	North-East India, Armed Forces, Counterinsurgency, Human Rights, International Law
Field	Sociology > Administration / Law / Management
Published In	Volume 5, Issue 5, September-October 2023
Published On	2023-10-09
Cite This	Mrs. Thangjam Vs. AFSPA - A Cry in The Dark - Romita Roy - IJFMR Volume 5, Issue 5, September-October 2023. DOI 10.36948/ijfmr.2023.v05i05.7305
DOI	https://doi.org/10.36948/ijfmr.2023.v05i05.7305
Short DOI	https://doi.org/gst3rj

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Mrs. Thangjam Vs. AFSPA - A Cry in The Dark

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