Armed Forces Special Power Act
Armed Forces Special Power Act

Author: Dr. U C Jha

Publisher: Vij Books India Pvt Ltd

Published: 2015-03-01

Total Pages: 346

ISBN-13: 9384464619

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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.

The Armed Forces Officer
The Armed Forces Officer

Author: Richard Moody Swain

Publisher: Government Printing Office

Published: 2017

Total Pages: 216

ISBN-13: 9780160937583

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In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.

"Everyone Lives in Fear"

Author:

Publisher: Human Rights Watch

Published: 2006

Total Pages: 152

ISBN-13:

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Key recommendations - A note on methodology. -- Background: People, the India-Pakistan dispute, political history, recent developments, and peace talks. - The people of Jammu and Kashmir - India-Pakistan dispute - Political history inside Jammu and Kashmir. -- Legal causes of abuses and impunity. Preventing arrest: Section 45 of the Criminal Procedure Code - Preventing prosecution: Section 197 of the Criminal Procedure Code - The Jammu and Kashmir Disturbed Areas Act and Armed Forces (Jammu and Kashmir) Special Powers Act -- The Jammu and Kashmir Public Safety Act, 1978 -- Legal weaknesses in the Human Rights Protection Act -- Weaknesses in military court jurisdiction. -- The origins of impunity: failure of accountability in Jammu and Kashmir since the start of the conflict. A. Shootings at Gawakadal, Srinagar - B. Death of Mirwaiz Maulvi Mohammad Farooq - C. The Beijbehara killings - D. The killing of Jalil Andrabi - E. Chattisinghpora massacre and ensuing killings. -- Recent abuses and continuing impunity. A. Killings - B. "Disappearances"--C. Torture and cruel, inhuman, and degrading treatment - D. Arbitrary detentions. -- Militant abuses. Militant goups and Pakistan's role in the conflict. - A. Politically motivated killings, summary executions, and intimidation - B. Direct and indiscriminate attacks on civilians - Militant attacks on schools and recruitment of children. -- Recommendations. To the government of India - To the state government of Jammu and Kashmir - To militant groups - To the government of Pakistan - To the United Nations - To the international community, in particular those states with significant influence on India, Pakistan, and militant groups. -- Acknowledgements.

The Oxford Handbook of the Indian Constitution
The Oxford Handbook of the Indian Constitution

Author: Sujit Choudhry

Publisher: Oxford University Press

Published: 2016-05-03

Total Pages: 1328

ISBN-13: 0191058629

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The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.

United States Code
United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1506

ISBN-13:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

State, Policy and Conflicts in Northeast India
State, Policy and Conflicts in Northeast India

Author: K. S. Subramanian

Publisher: Routledge

Published: 2015-10-05

Total Pages: 232

ISBN-13: 1317396510

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This book discusses the history of unrest and conflict in Northeast India from 1947 to the present day. A perceptive study on public policy and its delivery in the region, the volume highlights that a crisis of governance, security and development has emerged in the Northeast because of the way various government institutions and agencies have been functioning in the area. It uses case studies to illumine conflict dynamics in the two erstwhile princely states of Manipur and Tripura, along with in-depth discussions on Assam and Nagaland. Drawing upon major policy documents, on-the-ground experience and rare insight, the book examines centre–state relations, the armed forces, special acts, human rights and larger policy-level questions confronting the region. It also underlines the key role of the northeastern states in India’s ‘Look East’ policy. Cogent and authentic, this book will be useful to scholars and researchers of security studies, peace and conflict studies, area studies, Indian politics and history, particularly those concerned with Northeast India.