Armed Forces Special Power Act - Dr. U. C. Jha

Armed Forces Special Power Act

A Draconian Law?

(Autor)

Buch | Hardcover
276 Seiten
2015
VIJ Books (India) Pty Ltd (Verlag)
978-93-84464-60-8 (ISBN)
59,85 inkl. MwSt
The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian. This is the very first book which attempts a complete analysis of AFSPA and also provides an insight into the legislative efforts of other democracies.
The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to 'arrest' without warrant, 'destroy property' and 'shoot to kill,' besides providing them with complete immunity. The loud and continuous clamour against the Act has drawn the attention of various international organizations. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has recently called for the repeal of the law, stating: "AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped." On the other hand, the armed forces hold that the AFSPA is necessary for tackling the growing menace of militancy and protecting their men from the unnecessary harassment caused by litigation. General V K Singh, the former chief of army staff and now a cabinet minister, has emphasized that the AFSPA is a 'functional requirement' of the armed forces.
This is the first book in India not only to attempt a complete analysis of the various provisions of the AFSPA, but also to provide an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated, and at the same time, argues that it is equally important to safeguard the human rights of the members of the armed forces. In order to help find an amicable solution, the author makes a few recommendations for the consideration of the government and armed forces.

Wing Commander (Retd) Dr U C Jha is an independent researcher. His current research interests include international humanitarian law (IHL), human rights laws and military law. He is a resource person for the South Asian Teaching Sessions in IHL, conducted by the International Committee of the Red Cross. He holds a Ph D degree in Law and Governance from Jawaharlal Nehru University, New Delhi. Dr Jha was recently invited by the United Nations High Commissioner for Human Rights at Geneva, where he made a presentation during a thematic session on the independence, impartiality and competence of the judiciary, including military courts.

Preface 1. Introduction 2. AFSPA: An Analysis 3. Human Rights Violations 4. Human Rights Violations: Cases 5. Human Rights and Members of the Armed Forces 6. Domestic Deployment in Other Countries 7. Conclusion and Recommendations Appendix The Armed Forces (Special Powers) Ordinance 1942 The Armed Forces (Special Powers) Act 1958 The Armed Forces (Jammu & Kashmir) Special Power Act 1990 Bibliography Index

Erscheint lt. Verlag 31.3.2015
Verlagsort New Delhi
Sprache englisch
Maße 160 x 234 mm
Gewicht 553 g
Themenwelt Recht / Steuern EU / Internationales Recht
Recht / Steuern Öffentliches Recht
Recht / Steuern Strafrecht Besonderes Strafrecht
ISBN-10 93-84464-60-0 / 9384464600
ISBN-13 978-93-84464-60-8 / 9789384464608
Zustand Neuware
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