A right to delayed is a right denied
Genesis of Armed Conflict is the Genesis of Human Rights Violation in Manipur
All International community aware that Manipur existed as an independent sovereign Kingdom in the Asian region for centuries with its own written constitution became a protectorate of the British Empire after the last Anglo- Manipur War in 1891 till 1947. The end of British domination in 1947 just after two years Manipur has been taken over with controversial Merger Agreement by the dominion India. Dominant India by passed the Manipur’s constitution adopted by the people of Manipur, enforced Manipur administration order on 15th October 1949 and abolished the then popular government of Manipur elected by the people of Manipur under the Manipur constitution act 1947, without the consent/ referendum of the people of Manipur, since then Manipur becomes a constituent part of India. It has become the cause of the basic conflict between the political compulsion to survive at present form of geographically boundary and moral obligation to protect the right to National Self Determination. “By virtue of the right they freely determine their political status and freely pursue the economic, social and cultural development”.
Human Rights (HR) Situation in Manipur
Both the Indian Security Forces and Law Enforcing Agency, police enjoy de-jure and de-facto impunity for their act of Human Right (HR) violation under the Armed Forces Special Power Act (AFSPA), 1958 as well as under the policy of the state. We are all aware that AFSPA, 1958, which passed in the Indian Parliament in 1958, is a successor; the Armed Forces Special Power Ordinance (AFSPO), 1942, which had been enacted in order to neutralize the ‘Quit Indian Movement’ during British Colonial rule in India. It was a hundred percent a colonial instrument, used for legitimization and continuation of colonialism. The law inherits the same powerful political potency. The AFSPA-1958 gives the army an absolute power to commit massacre, rape, destruction of property and curtail everything the rights of the people. Some part of North-East India and hill areas in Manipur were declared as disturbed areas under the act since its inception. Then, it gradually spread to other areas. It is now history that whole state of Manipur was declared as disturbed areas in 1980, under section 3 of the AFSPA-1958 Government of Manipur, Home department Notification dated 8 September 1980. In fact, by considering quotient of the national laws, the AFSPA, 1958 is many times deadlier than TADA/POTA/UAPA, which allows detention of a suspect for a long period and trial to be conducted in the designated court only. On the other hand, under AFSPA, 1958 a suspected would be counted himself or herself very lucky if he or she is only detained and not to kill. As in this Act all security forces are given unrestricted and uncounted power to carry out their operations, Indian security forces not only arrests and killings of many leaders and cadres of armed opposition group but also committed rampant HRs violation on civilians like molesting, sexual harassment, rape including pregnant and handicapped women even in the present of their family members, sodomy, etc. Application of third-degree method in torture such as using of chili powder and electro shocks in the genitals, inserting sticks in rectum and other like enforce disappearances, extrajudicial execution, custodial killing, massacre and rape are very common in Manipur. Moreover, many youths have also been killed in fake encounter. SFs deployed where for the protection of dam and other governmental projects also committed HR violation, targeting civilians including children and women. There has been a change new trend of the perpetrators of human rights violations in Manipur. The primary perpetrators were the Indian Army and Paramilitary Forces, especially concerning violations of rights to life under the AFSPA, 1958. However, now the state police, law enforcing agency, have also become more actively responsible of HR violations in the name of so-called Combined Forces. This is a new modus operandi which poses more danger in addressing against HR violations.
People’s Rights to Self-Determination Movement in Manipur and UN Obligation
Rights to Self- Determination are guaranteed by common article 1 of ICCPR & ICESCR. UN, International Covenant on Civil and Political Rights (ICCPR), Human Rights Committee, during consideration of reports submitted by states parties under Article 40 of the covenant in 1997, the Committee, noting the reservations and declarations made by the Government of India (GoI) to articles 1,9, 12, 13,19, paragraph 3, 21 and 22 of the Covenant: …. The Vienna Conference, 1993 and other world forum had been urging member states of the UN to remove the all reservations. General Assembly (GA) of the UN made a declaration on 14 December, 1960 (UN Charter, 1945, series of GA resolutions (1514, 1541 of 16 onward) entitled the declaration on granting of independence of the colonial countries and people. The people of Manipur also came to strongly against the annexation of Manipur in to the Indian dominion and commenced many people’s dialogue in the academic session or so on. The National Convention on Manipur Merger Issue was held on 28-29 October, 1993 at Imphal which deliberated upon the circumstances of duress and Coercion mentally and physically imposed upon the Manipur Maharaja at Shillong, who was under military control of the Dominion India, had led to the signing of the aforesaid Agreement. The convention re-affirmed the parameters of International Law prevailing at the relevant period, the dejure independent political status of Manipur following the lapse of the British suzerainty as per section 7(1)(b) of the Indian Independence Act, 1947 and the relevant rulings of the Supreme Court of India as laid down in various decisions from 1954-1993 on the subject and the Vienna Convention on the Law of Treaty,…… . The convention resolved that the Manipur Merger agreement, signed by and between the Maharaja and the representative of the Dominion of India on 21st September, 1949 did not have any legality and constitutional validity. The National Seminar on Human Rights organized by COHR, held at Gandhi Memorial Hall, Imphal, Manipur State from 8-9 December, 1994. The 5th resolution of the Seminar was “the Union Government of India is strongly urged upon to allow the ‘People of Manipur to exercise their legitimate “Right to Self Determination.”