Carolin Kasar and Osbert Khaling
Remembering the Victims who were Killed,in the Hope for Justice.
More than three decades have passed since the infamous “Operation Bluebird” at Oinam village, Senapati district. However, the memory is still etched in the hearts of the victims and families who were tortured, raped, harassed and killed by the 21 Assam Rifles. Despite the efforts given by human rights lawyers, activists and the villagers, the Judicial system has failed the people of Oinam village by delaying them their well deserved justice till date. The atrocities committed by 21 Assam Rifles have neither been forgotten nor forgiven.
Those accused in the infamous operation are roaming scot free without a remorse for the atrocities that they have committed on the innocent villagers. Instead of prosecuting them for such acts of crime against humanity, they were awarded with various gallantries by the Government of India. With the draconian AFSPA 1958 enforced in the State, armies are enjoying impunity at the expense of innocent lives being tortured, harassed, raped and killed every day. Thus, the impunity enforced, except with the sanction of Central Government, in these areas is a complete failure of the existing Constitutional order of the fundamental rights guaranteed to the citizens.
In 1987, a day after the attack on the Assam Rifles post in Oinam village by the National Socialist Council of Nagaland (NSCN), the villagers faced brutal oppression in the name of counter insurgency by 21 Assam Rifles led by General PL Kukrety. It was a crime committed against the innocent villagers that occurred in broad daylight.
The Oinam incident was not just about the human lives that were lost or villagers that were tortured, but it led to severe economic, social and cultural loss on the communities, including erosion of civil administration. Lack of access to education, basic health care, destruction of properties and sources of livelihood, and environmental destruction for over three months in 30 villages had completely shattered the lives of the villagers. Forced labour without wages, schools and houses dismantled, and properties destroyed, reducing them to complete poverty were never compensated or rehabilitated till today. Adding to the misery was the disposal of the 28 years old pending case with an outrageous direction directing the Home Secretary, Government of Manipur to constitute a committee within three months to enquire into the matter on 13.06.2019 by Chief Justice Ramalingam Sudhakar and Justice MV Muralidharan, the Division Bench of High Court of Manipur. The advocate was not informed and remained unaware of the disposal until she received an email from one of the villagers. (Nehemiah Rong Oinam village).
Many innocent lives depend on this case with the hope of getting their fair judgement and well-deserved compensation for the wounds and trauma that are still haunting them till today. Even after many Court orders to record the statement of the victims, the Assam Rifle hindered the recording by not allowing the Registrar to do his duties and accusing the Registrar of being biased. The villagers, village authorities, student bodies, activists and journalists were threatened and beaten mercilessly, were forced to sign false affidavits and on blank papers. The Assam Rifles to defend themselves in the Court even forged signatures of the villagers. The entire case record was missing and never reached Imphal due to which the Division Bench disposed the case, yet nobody was made liable for such gross negligence. In 1992, Justice Phukan and Justice WA Shishak on the basis of the above-mentioned records were about to pronounce the final judgement but failed to do so. Rather they were transferred to different High Courts therein after.
After the implementation of Armed Forces Special Power Act1958, there has been sudden upsurge in the violations of civil and political rights of the people. This Act continues to be the most potent repressive tool of the Indian State that empowers (in sec-4) even a non-commissioned officer of the armed forces of the Union to kill on mere suspicion. Section 6 of the Act provide legal immunity from prosecution for action done under this Act or purported to be done under this Act, unless sanction is granted by the Central Government. Such sanction never ever comes through and it has not only made a mockery of Rule of Law but also paralyzed the lives of many. Moreover Section 3 of the Act empowers the Governor of the State or the Central Government to declare any State or part of the State to be a disturbed area. For instance in 1990 the entire State of Assam was declared as disturbed area without any time limit. Such a law diminishes the definition of democracy and the citizens are vulnerable to brutal oppression. The continuation of the ‘disturbed area’ status under which AFSPA 1958 is enforced in the State is illegal in view of the violation of the mandatory six-monthly periodic review directed by the Supreme Court in its 1997 NPMHR judgment.
The struggle for the repeal of the Armed Forces Special Powers Act has now been reduced to mere demands and empty slogans for amendment, transparency or passing resolutions of solidarity in Manipur State. Any question on atrocities by armed forces in the State ends with justifying their act for the security of ‘Nation’. In 2009, the UN High Commissioner of Human Rights had asked India to repeal AFSPA and termed it as “dated and colonial-era law that breach contemporary international human rights standards”. Many UN Treaty bodies and Special Rapporteurs have pronounced it to be in violation of international law and recommend its repeal, yet the Indian Government has ignored UN recommendations and has been determined to suppress the voice of the people through this draconian law.
The media on the other hand is reporting incidents of violence in J&K and the North East, ignoring the violation of human rights by the guardians of law and order, broadly endorsing them in the name of ‘National security’.The rise of the corporate world has de-politicised all cultural and political spaces, the human rights movement, and the younger generation. The phrases such as “public issues” “common demands” has been over-shadowed by individualism. The true concept of the protest and fair judgement has been forgotten. All these trends seem to work in favour of the perpetrators of crime who had always wanted to erase the painful memories of the communities caused by their atrocities.
We have to remind ourselves and among the younger generation of the gruesome stories or incidents perpetuated by armed forces such as the Oinam incident even if it is a grimful and a painful past so that the wounds can be healed, families can receive justice and such histories are not repeated.
Ms. Carolin Kasar, is an Advocate with Human Rights Law Network and can be reached at
[email protected] Mr. Osbert Khaling Advocate with Humna Rights Law Network and can be reached at
[email protected]