UNHRC wants AFSPA repealed

First round of battle between the Centre and state over the Armed Forces Special Powers Act (AFSPA) has been won by  Omar Abdullah after the United Nations Human Rights Council (UNHRC) openly endorsed the chief minister’s stand on the revocation of “draconian laws”.

The UNHRC, based on a report by United Nations’ special rapporteur Margaret Sekaggya on the situation of human rights defenders in the country, has asked New Delhi to repeal “draconian” laws like AFSPA and J&K Public Safety Act along with the National Security Act, Unlawful Activities (Prevention) Act and Chhattisgarh Public Safety Act.

“She (Sekaggya) is encouraged by the announcement made by Kashmir chief minister in October 2011, stating that the gradual improvement in the security scenario and restoration of peace has paved the way for revocation of AFSPA in peaceful areas of the state”, the UNHRC report reads.

The report has been made public this month, more than a year after Sekaggya visited J&K, West Bengal, Assam, Orissa and Gujarat.

The report noted Sekaggya was “deeply disturbed by the large number of cases brought to her attention during the course of her visit by defenders who claimed to have been targeted by the police and security forces under counter-terrorism legislation such as the Unlawful Activities (Prevention) Act…AFSPA and the J&K Public Safety Act”.

Under AFSPA, an official of the armed forces can shoot anybody if he is of the opinion that he is acting against law.

Under PSA police can arrest without trial or bail for a maximum of two years.