Following a meeting, convened by union home minister Amit Shah on December 23 with Nagaland chief minister Neiphiu Rio, Assam chief minister Himanta Biswa Sarma including deputy chief minister Y. Patton and NPF leader T.R. Zeliang, the Centre instituted a committee to examine withdrawal of the Armed Forces (Special Powers) Act (AFSPA) in Nagaland and to submit its report within 45 days.
Though the panel’s terms of reference were yet to be notified and publicised, officials said that Registrar General and Census Commissioner of India Vivek Joshi will head the five-member committee and additional secretary (NE) in the Home Ministry Piyush Goyal will be its member-secretary. The other members will include chief secretary and director general of police of Nagaland, the IGAR (North) and representative from CRPF.
According to a communiqué issued jointly by the UDA government– chief minister Neiphiu Rio, deputy chief minister Y. Patton and NPF legislature party leader T.R. Zeliang, the committee will submit its report within 45 days and that the withdrawal of Disturbed Areas Act and AFSPA from Nagaland will be based on the recommendations of the committee.
The Centre’s response to calls for repeal of AFSPA came as an unexpected development even as chorus for its repeal from the entire region continue to grow louder since the Oting massacre on December 4. It may be recalled that 13 innocent civilians were gunned down by a unit of the 21 Paras (Special Forces) based at Jorhat. Another was killed in Mon during the massive public protest against the Security Forces/Assam Rifles.
The demands for repeal of AFSPA– an Act that gives sweeping powers to the armed forces to arrest without warrants and even shoot to kill in certain situations in ‘disturbed areas’ – from Nagaland and other north-eastern states have been growing louder since the December 4-5 incidents. Over the last few weeks, the state witnessed massive protest rallies in eastern districts as well as capital Kohima for the law to be scrapped.
Right after the December 4 incident, Rio had called for its repeal stating that Nagaland had “always opposed AFSPA”. Meghalaya chief minister Conrad Sangma had also demanded its total repeal from the north east in a tweet on December 6.
A special one-day session of the 13th Nagaland Legislative Assembly was convened on December 20, where members under the United Democratic Alliance (UDA) unanimously resolved to demand the repeal of AFSPA. After returning from Delhi, the three signatories held a joint press conference where they issued a signed statement.
According to the statement, the three– chief minister Neiphiu Rio, deputy chief minister Y.Patton and NPF legislature party leader T.R. Zeliang expressed gratitude to the Union Home Minister Amit Shah for “taking the matter with utmost seriousness”. They also expressed appreciation of the “Centre for taking the required steps to ensure justice” and “positively responding to the voices of the people”.
According to the statement, the Army’s Court of Inquiry (CoI) set up, will initiate disciplinary proceedings against the army unit and personnel, directly involved in the Oting incident that “action will be taken immediately on the basis of fair enquiry”. The communiqué also said “The identified persons who will face the enquiry will be placed under suspension with immediate effect.”
As per the deliberations with the union home minister, it was also decided Nagaland would provide government jobs to the next of the kin of the deceased. The statement also disclosed that in order to initiate the process, “the deputy commissioner, and the superintendent of police of Mon district, will carry out necessary procedures in consultation with the concerned village councils and government jobs will be given on compassionate grounds on the basis of eligibility.”
Meanwhile, the state government has appealed to all sections to remain calm and to continue to maintain a peaceful atmosphere.
“The democratic and peaceful nature of the civil society groups, tribal hohos and mass based organisations in our collective quest for justice and truth has been well received and has created a positive image of the Naga people to the rest of the global community,” it said.
AFSPA is partial in Arunachal Pradesh and in force only in Tirap, Changlang and Longding districts in Arunachal Pradesh including some police station under Namsai district bordering Assam.
Manipur extended the ‘Disturbed Area’ status in the entire state, barring the Imphal municipal areas, for a period of one year from December 1,2020.
AFSPA was totally withdrawn from Mizoram in 1997, Tripura in 2015 and Meghalaya in 2018 respectively.
To a query about Amit Shah’s response on removal of AFSPA, Rio said that AFSPA will be lifted in areas as recommended by the committee. “As per the recommendation of the committee it (AFSPA) will be lifted where it is recommended and not only in Nagaland but also the Northeastern states.”
Rio said that once AFSPA is removed from those areas, the state police forces will handle the law and order situation.
With regard to jobs/compensation to be given to the next of kin of the deceased, Rio said that the compensations have been given to all and the state government would be providing jobs as well and not the Central government.
For this, Rio said that the deputy commissioner Mon and the superintendent would be contacting the family. Jobs will be given to the next of kin according to their eligibility, he said, adding, that once the offices open the process will start.
To a query about the demand for removal of Assam Rifles from Mon, Rio said it was “positive”.
T.R. Zeliang responded saying that the Assam Rifles personnel currently posted in Mon will be replaced by another unit.
Konyaks demand justice without delay
Konyak Civil Society Organisations (CSOs) placed several demands before the government of India in their quest for justice for the families of the victims of the Oting Massacre on December 4.
In a joint statement, Howing Konyak, Ponglem Konyak and Noklem Konyak, presidents of Konyak Union, Konyak Nyupuh Sheko Khong and Konyak Students’ Union respectively also expressed dismay for non-inclusion of representatives from ground zero in the inquiry committee instituted to review repeal of Armed Forces Special Powers Act (AFSPA).
They pointed that only representatives from ground zero would be able to portray the untold sufferings of the civilians for so many decades under AFSPA.
While appreciating union home ministry’s efforts to ensure justice in the Oting massacre, besides applauding the initiative of chief minister Neiphiu Rio, deputy chief minister Y Patton and leader of NPF legislature party leader TR Zeliang in Delhi on December 23, the unions also expressed skepticism over non-inclusion of representatives from ground zero while meeting union home minister Amit Shah in Delhi, to authenticate and portray the real incidents/stories about the Oting massacre incidents.
They further appealed to the committee to consider the value of human lives while framing its report. They alleged that human rights and values had been ignored for many decades and atrocities committed upon the civilians, thereby causing them much pain.
Urging the committee members to understand that people on ground zero had endured AFSPA for so long, the trio said time has come to say “enough is enough”. Hence, they declared that if any eventualities arose in future, they should not be held responsible.
Demanding clarification from the Indian Army, which issued a statement saying “justice for all”, the unions said it was “a biased assurance but confusing at the same time while the Konyaks are demanding for direct action against those Indian Army that had massacred those 14 innocent Konyak youths.”
The CSO said that the “Friends of the Hill People” was nothing but a “wolf in lamb’s skin”.
The unions therefore asked the army to clarify its real stance on the Oting massacre.
They also asserted that replacement of Indian armed forces from Mon district was no solution as people had suffered immensely for many decades where “villages and the granaries were totally burned down, people forced to starve, our sisters were raped and our innocent brothers were killed brutally without any premeditated interventions.”
The CSOs out-rightly declared that “it requires no security who fails to provide security to its citizen”.
Mere replacement of the forces would not mitigate the sufferings of the people of Mon district, they pointed out.
They also announced that they would allow Indian Army investigation team at ground zero, but without uniforms and guns. They also requested the State government to make necessary arrangements for smooth conduct of the inquiry team.
Issuing a “final call”, the unions further questioned the State government why Tiru police outpost was still not being manned. Reminding that it had given five days time to the government to act, the CSOs said that there was no official action till date.
Considering their memorandum to President of India and the subsequent 30-day ultimatum that would expire on January 10, 2022, the CSO salso resolved not to rest until those involved in killing the civilians were booked under civil laws and the action taken report brought to the public domain by January 10, 2022.
Asserting that justice delayed was justice denied, they said they would be compelled to convene a Konyak Summit on January 18, 2022 to discuss further course of action if justice is delayed.
“Hence, it is time for the Government of India to prove whether we are its citizen or not,” the CSOs stated.