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The NHRC Chief Says That The Generalization Pertaining To AFSPA Violating Human Rights Is Incorrect.

17th December 2021: On December 17, Justice Arun Mishra, the head of the National Human Rights Commission (NHRC), stated that it is erroneous to generalize that human rights are being violated in northeast India as a result of the implementation of the Armed Forces Special Powers Act (AFSPA).

He further remarked that the NHRC is unable to investigate or dispute the validity or constitutionality of the AFSPA. "It cannot be concluded that human rights are being violated as a result of the implementation of the AFSPA." According to Justice Mishra, the government should review whether the Act should be applied or repealed. He did, however, state that the NHRC takes "very seriously" custodial fatalities or extrajudicial executions, and that all such incidents must be documented or the commission may take appropriate action on its own.

Mishra went on to declare that the NHRC will investigate the incidents and award reimbursement to the victims' families, which will then be performed out by the respective state governments. In response to a bungled counter-insurgency operation in Nagaland that killed 15 civilians, Justice Mishra stated that the NHRC had taken up the case suo moto and sent notifications to the officials involved since the state lacked a unit of the statutory agency. When asked about the recent spate of police encounters in Assam, the NHRC chairman stated that false encounters have no place in a civilized society, that they are inhumane, and that they cannot be condoned. It is worth noting that 32 people have been killed and at least 55 have been injured in police operations across the state since the BJP-led administration assumed office in May. In reaction to the instances, he remarked that he could not claim that they were all fabricated. While some accusations may be bogus, he stressed that the NHRC reviews each complaint and analyses the merits of each case. Compensation for the victim or his or her family, the filing of criminal charges, and the commencement of departmental action against the offender are three components that the NHRC examines in such cases.

Finally, he indicated that the case is still under consideration and that they will not interfere with the legal process. He also expressed concern about the plight of displaced people and directed state officials to ensure that they are adequately rehabilitated.

-Reeti Shetty

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