The centre needs to review the Armed Forces (Special Powers) Act of 1958 (AFSPA) and its implementation, the National Human Rights Commission (NHRC) chief said today in view of the recent killing of civilians by armed forces in Nagaland.
"The government has to review on whether it (AFSPA) should be applied in a concern first, and in case the situation has improved, the government needs to review the implantation of the act," NHRC chairman Justice (retired) Arun Kumar Mishra said today.
"We cannot, however, say because of this Act, human rights violations have taken place," he added.
The killing of 14 civilians in Nagaland's remote Mon district earlier this month -- during and after an Army counter-insurgency op that went horrifically wrong -- have refocused the spotlight on AFSPA, which gives sweeping powers to military personnel in "disturbed regions".
Protests in various parts of Nagaland have intensified and thousands have taken to the streets to demand justice for those who died and the repeal of the controversial AFSPA.
Mr Mishra, a former Supreme Court judge, said even though there is no state human rights commission in Nagaland, people can approach the NHRC.
"In case of recent Nagaland firing, we took a suo moto case and have asked for a Special Investigation Team report of the state government. We also asked the home ministry to give inputs and clear the stand," he said, adding that since the matter is sub-judice he won't comment further.
Earlier this month, the NHRC had issued notices to the Centre and the Nagaland government over the killing of civilians. The Army has expressed its regret over the killings and an internal investigation, led by an officer of Major-General rank, is underway, while the soldiers involved face a murder case filed by the police.
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