CHAPTER V

HUMAN RIGHTS SITUATION IN NORTH EASTERN STATES OF

INDIA - A COMPERATIVE STUDY

I. General Condition

India, a democratic country with twenty nine States has numerous groups of Ethno-

tribal people through the length and breadth of the country. In North East India alone,

there are more than 200 groups of ethnic people, a group of Mongoloids.338

India’s North East comprising the States of Arunachal Pradesh, Assam, Manipur,

Meghalaya, Mizoram, Nagaland, Sikkim and Tripura is the truest symbol of its pluralistic

character.339 While the States have a number of common features, such as distant

location, difficult terrain, permanently cloudy weather, vast natural resources and a

predominantly tribal way of life, they constitute a highly heterogeneous region with their

uniquely separate identities in terms of origin, growth and history of the various tribes in

India. The artificial barrier created by the British prevented national freedom movement

from penetrating into certain areas of the region. It was often claimed that the Inner Line

Regulation was devised to ensure the identity of the tribes and to prevent their

exploitation. Ironically, the tribal identity is not discussed therein. The hollowness of

such claims is proved by the fact that the British frequently interfered in the internal

affairs of the tribes and monopolized the trade.340

338
Aftab Alam, op.cit., pp. 289-290
339
R.Upadhyay, Northeast Violence: An Overall View, Mittal Publications, Delhi, 2005, p. 358
340
B.B. Kumar, “North-East India: Crisis of Perception and Credible Action”, Dialogue, October
December, 2009, Volume 11, No 2, p. 80

173
 North East India, in particular, is the most volatile region where human rights

violations have taken a serious proportion. The arrival of illegal immigrants, refugees,

ethnic conflicts, degradation of forests and forest resources, large scale deployment of

army and paramilitary forces to tackle the problem of ‘insurgency’ are, to mention a few,

largely responsible for human rights violations in the region. The political and economic

models thrust from above have also been questioned and contested by the indigenous

people, as these models do, in some ways, impose upon their developmental, political and

economic rights. The agents and forces of globalization in the form of multinational

products and global culture have posed a serious challenge to the developmental and

cultural rights of the indigenous people.341

North East presents an area where the harassment of the general public at the hands

of the army of independent India began in mid 50s, in fight against Naga insurgency. As

the trouble spread to Mizoram, Manipur and Tripura, more troops were rushed to the

region and more brutal methods were employed to control the situation. Although the

overall situation in the North East has improved in recent years and efforts are on to find

a negotiated settlement to the complex Naga problem, the North East remains disturbed

with militant movements continuing with ferocity in Manipur, Tripura, Assam and

Nagaland. These States continue to be administered militarily because of an

overwhelming presence of the Centre’s armed forces and the incompetence and

demoralization of the State police organizations. While the harassment at check points

and aggressiveness during search and cordon operations are stoically accepted as part of

normal life in the North East, people express their resentment and agitate for their rights

when a major incident involving large scale destruction of life and property of civilian
341
S. N. Chaudhary, ed; op.cit., pp.134-135

174
population results from indiscriminate, frightened, firing triggered by an unprofessional

or revengeful army.342

A 14 member fact finding mission, consisting among others, of lawyers, journalists

and NGOs, which visited the states of the North East in April 1996 observed that the

presence of the Armed Forces (Special Power) Act and other draconian laws have

disrupted normal civilian life; legitimized arbitrary killings of citizens by the security

forces, caused detention and custodial violence, denied the citizens their legitimate right

to justice from the courts, undermined the authority of the civilian administration and

exploited inter-community (both tribal and non-tribal) rivalries through a policy of

‘divide and rule’.343

II. Condition of women in the North East

Irrespective of political ideology, caste, religion, language and education, women

in North East India still face unjustifiable violation of human rights, whose life, position,

status are governed by conservatism and religious orthodoxy, despite modernization and

advancement of science and technology. Women have suffered as a result of militancy in

the hands of the Army personnel. The society in this part of the world is yet to realize the

women’s rights which are human rights and women’s problems are human problems.

Women who constitute an integral part of the patriarchal system have to face the

challenges of redefining themselves in their search for alternatives, while fighting for

their human rights. Mass raids accompanied by various types of torture and humiliation,

merciless beating, kicking, water boarding, punching and trampling on the ground, were

342
Ajai Sahni, Op.cit.
343
“Human Rights Violation in North East”, Economic and Political Weekly, Vol. 32, Issue No. 18, 3rd
May 1997, p. 918

175
some of the ways of committing atrocities by the Security Forces. As usual, womenfolk

became the easy prey for the prowling armed personnel. Several cases of rape of young

girls and married women tarnished the record of human rights of this region. Apart from

the encounter killings, wherein insurgents died, other types of killing took place as a

result of Army raids, custodial deaths/confinement, point-blank shooting, Gang rape and

mental shock, torture and suicide at the time of arrest.344

The Armed Forces virtually sidelined the civil administration and the Co-

ordination Committees that were formed between the Army and the civil authorities

remained non-functional. The highhandedness of the Armed Forces was clearly

demonstrated when their raids did not spare even the residences of the Members of the

Parliament, Magistrate and Police Officers. In all the cases of Army operations, the

Armed Forces relied on its own actionable intelligence. Unjustifiable torture,

interrogation and large-scale raids were the only ways, resorted to by the Army in their

search for the insurgents, leading to widespread violation of human rights and massive

atrocities on the common people. The police also made several worthwhile leads to the

rescue of hostages as well as top leaders held by the Army.345

III. A Tool in the Hands of Army for the Abuse of Human Rights

Human rights abuses on the part of Indian forces in the area are frequently traced

to impunity granted to Indian security forces under the Armed Forces (Special Powers)

Act, 1958. The act has been criticized by Human Rights Watch as a "tool of state abuse,

oppression and discrimination". However the state goes on to say that repeal or withering

away of the act will encourage insurgency. Women are raped during crackdowns where
344
Aftab Alam, op.cit., pp. 290-291
345
Ibid.

176
men of the villages or towns are gathered outside their homes and women are forced to

stay indoors. The majority of the perpetrators walk free under the immunity from

prosecution acquired under the AFSP Act, 1958 which has been imposed for several

decades. Furthermore most of the rapes go unreported due to the social stigma and fear of

backlash.346

The AFSPA was first introduced in Nagaland in April, 1958; this Act was first

introduced into Naga soil, in order to crush the Naga struggle that sought to defend their

declared independence which was declared on 14th August 1947. The political and

historical situation in which the Act was introduced was therefore war. Very soon, more

than six hundred Naga villages were burned to ashes and hundreds upon thousands of

Nagas died from bullets, bombs, starvation and disease. The Indian Government

however, desperately tried to project the war as a law and order break down. But it was

very much a war in which tiny Nagaland was desperately trying to defend its declared

independence while India tried its best to impose its declared independence on the Nagas.

However, hard India had tried to stamp out Naga nationalism and Naga Independence

from the face of the earth, it has failed so far. This is because the national identity of a

nation is indestructible and unchangeable. The ASPA which gave the Indian soldiers

sweeping powers like searching without search warrants, arresting without arrest

warrants, and even shooting to death on mere suspicion, is one of the most illegal Acts

enacted in the annals of human legal history.

In fact it is an Act that goes against and even abolishes the very concept and

principles of law. This is because here is an act that says a person can be shot to death on

346
“The impunity of AFSPA,” The Morung Express, 25th November 2000

177
mere suspicion when the Law says “A person is innocent until proven guilty.” This extra

judicial law is sanctioned by Indian Law, protected by Indian Law and a perpetrator

/agent/instrument of this heinous law/ Act “except with the previous sanction of the

Central Government”. This Act in short is an act that amounts to state sponsored

terrorism. And the sponsor of this heinous law is the Government of India, through its

Parliament. According to the procedure, when a State Government has declared an area

to be disturbed, then AFSPA can come into operation. The Nagas were simply fighting

against the 53,000 invading soldiers (Army) that had come into their land, with the totally

false claim that Nagas were Indians and Nagaland was Indian Territory. Prior to this

spirited defense of their rights, all historical, political and cultural facts showing that

Nagas were not Indians and would not join the Indian Union of 1947 had been furnished

to both the departing British government and the incoming Indian government before

1947. This was done in the form of submitting six memorandums to the British

Government and ten memorandums to India right from 1st January 1929 to 14th August

1947. In all these peaceful endeavors, all that the Nagas had asked was that India and the

rest of the world leave the Nagas alone, so that they could politically and economically

develop themselves according to their own.

By implementing and exercising this heinous AFSPA, all that the Indian

Government has achieved is alienating not only the Nagas, but all the peoples of the

whole North east region. Consequently, in the records of human history, it will be

recorded that the Indian government used this most unlawful law to persecute and kill

people for over half a century. With its renewal on 20th October 2010, it remains to be

seen how much further the Government of India wishes to extend this black record to

178
mark India’s democratic face before the world for all times to come. As for the Nagas

and Meiteis, as well as other North Eastern peoples who have all suffered under this

inhuman law, it will also be recorded in the history that they had done all that they could

do to oppose this law.347

The fundamental reason why the Assam Rifles are empowered to rape and kill

people in North East is not that there are armed insurgents there. It is mainly because the

peoples from the North East are refusing to give up their national rights, and today they

are joining hands to demand human rights. The Indian state cannot tolerate this fact of the

peoples uniting on a political basis and asserting their rights. This is the root cause of the

problem. The truth of the matter is that whosoever raise their voices consistently in

defense of rights and seek to build political unity on that basis become the target of the

Indian state and its armed forces; it does not matter whether those who are defending

right bear arms or do not bear arms. Even if you are a human rights organization which

does not engage itself in any armed struggle, still you will be targeted by the state, and all

kinds of rumours will be floated about how you have links with the underground.348

1. Arunachal Pradesh

The issues of human rights in Arunachal Pradesh are primarily associated with the

presence of Chakma, Hajong and Tibetan refugees and the influx of illegal immigrants

both from the neighbouring countries as well as from within the country. As per the State

Police records, a total of 2,262 crimes were committed during 2006. These included 60

murders, 34 attempt to murder, 75 kidnapping and abduction, 93 crimes against women

347
K. S. Subramanian, “Impunity under AFSPA of law-enforcement personnel guilty of sexual offences
against women is most pronounced in the Northeast”, infochangeindia.org, 23rd September, 2012,
7:00pm
348
Ibid.

179
including 37 rapes, 181 grievous hurt and nine under the Arms Act, among others.

Arunachal Pradesh remains the only State in the country with no prison. There were 18

convicts by the end of July 2006. They were kept in the prison of Assam, thereby

contributing to the problem of overcrowding. There was no separation of the judiciary

from the executive. As on 30 June 2006, there were a total of 5,220 cases pending with

the District and Subordinate Courts in the State. As per the state police records, 93 crime

against women including 37 rapes were registered during 2006. The National Family

Health Survey III (2005-2006) found that 38.8 per cent women were victims of domestic

violence in the State.349

Various organizations like the All Arunachal Pradesh Students Union (AAPSU) have

questioned and contested the presence of the refugees and the immigrants and have

linked them with the violation of the political, economic, social, cultural and

developmental rights of the indigenous people of the state. The slogan like the “loss of

culture is the loss of identity” and the “son of the soil” theory have been put forward to

protect the rights of the indigenous people. Today, there are more than a hundred

registered NGOs in the state, besides various voluntary organizations which work in one

way or the other for protection and promotion of the rights of the various tribes of the

state. These groups, through seminars, symposia, demonstrations and workshops have

been highlighting the issues of human rights in the states.

Of late, there has been crystallization of the people’s awareness about the efficacy of

the mega hydel projects and social, economic, cultural, developmental and environment

impacts of such projects. The initiation of Siang Bachao Andolan in response to the

349
“Arunachal Pradesh”, www.achrweb.org, 25th may 2012

180
proposed construction of mega hydel project on Slang River shows people’s awareness

about their economic, developmental, cultural and environmental rights. There is a need

to establish networking and coordination between various organizations working in the

area of human rights. These dams will cause huge displacement of the tribal people apart

from destroying bio-diversity. 350

2. Assam

Assam like Manipur and Nagaland is facing severe issues from insurgent activities.

For the past two and half decade both the United Liberation Front of Assam (ULFA) and

the National Democratic Front of Bodoland (NDFB) have led violent campaigns keeping

the entire region on the tenterhooks. Although the people of Assam initially supported

some of the causes of both the ULFA and NDFB, soon the middle class Assamese started

to distance themselves from them and remained mildly critical to them. The successive

governments used that gap to push their own agenda. Keeping the door for negotiation

open, the state launched a major assault against the insurgents. The response was a

counterattack by the insurgents.351

The Human Rights situation in Assam has deteriorated rapidly after the Indian

Army was deployed in November 1990 to fight against secessionist insurgents. To

contain the insurgents and to diminish the support they enjoyed, especially in the rural

areas, security forces have indulged in extra-judicial executions, custodial deaths, torture

and rape. On the one hand, common villagers are intimidated and terrorized to reveal

information about insurgents and on the other hand insurgents are physically eliminated.

350
S. N. Chaudhary, ed; op.cit.
351
Mrinal Talukdar, “INDIA: Rule of Law is a phantom limb in India's Northeast”, Asia Human Rights
Commission, 21st January 2010, www.humanrights.asia

181
The security operations, conducted under the Armed Forces (Special Powers) Act, 1958,

give soldiers complete immunity against any legal interference; have reduced the region

to a killing field. And strangely, even though the security actions were initiated to reverse

growing insurgency, the subsequent period saw an increase in insurgent activities and

mushrooming of insurgent outfits. The situations, especially the human rights conditions,

are not well known outside the region. The national media, both government and non-

government controlled, have not given the region (Assam and the adjoining areas) the

due coverage.

The result was gross human rights violations which have been going on since

1991. The relatives of the insurgent as well as the political leaders in the state are

regularly becoming the target of attack. During this period both sides have killed innocent

persons making the ongoing civil war the ugliest in the region. This has also led to heavy

militarization. "Secret killing" is the term used in Assam for these killings. It means

nothing other than extrajudicial executions. It is regularly used since 1991, with the

state's approval particularly between 1996 and 2001. During this period, extrajudicial

execution was the state's "effective means" to take on the ULFA and the NDFB

leadership. The state's response was some sort of a 'tit for tat lesson' to the militants who

often targeted innocent people to show their presence. From the state's point of view the

killings were successful to contain the insurgents. But it came at a very high cost - of

gross human rights violations committed by both parties to the dispute.352

Even though there are serious suspicions against the army as being responsible for

the secret killings carried out between 1996 and 2001, successive commissions appointed

352
Ibid.

182
to investigate the killings failed to provide any clear answer to the question as to who is

responsible in the state for the secret killings. Illegal migration from across Bangladesh

continues to remain the biggest political issue in the state. But it is difficult to accept that

it still continues given the current geo-political changes. Yet for those who have crossed

over to Assam in the past from Bangladesh, and the ensuing issues such migration caused

in the state and in the region, there has not been any solution yet. Instead of isolating and

discriminating the migrants, a more practical solution would be allowing the migrants to

work by providing them with a work permit.

In order to avoid a popular protest against the present policy by the more

articulate urban population, the security operations have been confined mainly to the

rural areas. The local media, which are more sensitive to the situation, have come under

government attack. The groups involved in human rights activities too have come under

repeated attacks. Insurgency in the state of Assam rose in a political context, as has

happened in the other adjoining states. But the government has chosen to view it solely as

a security problem, and has adopted policies to root out insurgency militarily. Not only

has it borne no fruit, but it has aggravated the human rights situation drastically. Methods

of Human Rights Violations with the Beginning of Security Operations, human rights

violations in Assam and the adjoining region are due to a pre-meditated and systematic

state policy to contain insurgency. In particular, insurgent groups managed to increase

their local support and to step up fund raising activities by extortion and intimidation of

economically advanced groups.353

353
“Human Rights Violations in Assam”, www.assam.org, 14th September 2012, 10:00am

183
 The Army operations started with extensive search-and-arrest operations in the

villages. Villagers were required to line up in a nearby field, usually in the dead of night,

and questioned. Some are taken to Army camps for further questioning, which generally

include torture. Many innocents have either lost their lives or have been maimed for life.

Villagers have been threatened, harassed, raped, assaulted and killed by soldiers

attempting to frighten them into identifying suspected insurgents. These exercises

became more severe if insurgent activities occur in the neighborhood. As a result, in the

villages of Assam, any insurgent activity signals mass exodus of villagers for fear of

Army operations. Since insurgency has an ethnic component, members of particular

communities are targeted. Rapes generally take place during search-and-arrest operations.

They also occur, with security personnel, belonging to the Army, paramilitary or the state

police forces, forcibly entering a house and committing the crime. Almost all persons

picked up for questioning, whether belonging to any insurgent group or not, whether

combatant or non-combatant, are tortured for information. Some of the methods used

include: electric shocks to genitals, cigarette burns, pulling out of finger-nails, dunking

the head under water/urine repeatedly, hanging upside-down for prolonged period, etc. A

favorite method of beating is wrapping the victim in a quilt and hitting with a thick

bamboo stick. These beatings are difficult to prove as they leave no signs on the outside,

though they cause severe internal injury. Sometimes when the conditions of torture

victims deteriorate the victims are killed and the killing passed off as due to an

encounter.354

In July 2012, violence between indigenous Bodo tribes and Muslim migrant

settlers started in Kokrajhar district and spread to several districts in Assam, resulting in
354
Ibid.

184
the deaths of at least 97 people and displacing over 450,000 people. Authorities in Assam

failed to prevent the violence, despite between the communities, which have clashed in

the past over access to control of land and resources.355

Meanwhile the media and public are getting quieter against extra judicial

executions. It appears that the civil society is forced to recognize killings as the order of

the day. Some have even started legitimizing such killings as 'required' in the state. In

reality there are only a miniscule number of people in the state who would want Assam to

become a separate country. With the militant groups are either on the run and the

majority of its leadership behind the bars, their role is limited to issuing press statements.

This is unfortunately used by the state to further trample basic human rights in the

state. Already in the name of many development projects the human rights are repeatedly

violated by the state. Many cases are documented where the state agencies are engaged in

rights violation in the name of development programmes.356

3. Manipur

In Manipur, human rights abuses have been an ongoing issue. In the state, The

Indian Armed Forces have committed several human rights violations while suppressing

a separatist insurgency in the region according to the Manipur natives. The insurgency

groups have been known to kidnap and recruit children to work as child soldiers against

the Indian Government. Many times it has been concluded by many analysts that it is just

a strategy of insurgent groups for provoking the Manipur's natives against Indian Armies

by falsely claiming about the human rights abuses. As per the crime records, the majority

355
Bhargab Kumar Kalita, Bhusita Medhi, op.cit.
356
“Assam terror outfit disbands”, twocircles.net, 12th October 2014, 2:30pm

185
of human rights abuses has been committed by insurgent groups.357

Despite many attempts by Indian government to facilitate the development in the

state, the state had failed in gaining the advantages for many reasons. Because of the lack

of knowledge the people of Manipur are not aware of their right to insist for a separate

nation. On many occasions the government officials including Engineers and

Administrators posted in North-Eastern regions was killed and had been attacked by the

insurgent groups, hampering of adequate manpower required for the development of

infrastructure. Both the central and the state government of India are taking many

initiatives to take control of the situation.

The attacks on the Government officials and peoples from outside the region are still

carried out by Terrorist groups and had been said that it is firmly supported by local

peoples who is hampering the overall growth of the Human resources that is needed for

the development of the region. In 1964, a separatist insurgency began in Manipur,

although momentum to a more violent phase did not occur until 1978. 358 The Separatists

demand a sovereign state separate from the Union of India, conceding their grievances

over lack of development, plundering of local resources and a general discontent in

Manipur. Human Rights Watch argues that human rights violations by Indian Security

Forces have only fuelled the insurgency. It adds that the Indian Army have at times acted

with impunity as anti-terrorism laws in the state make prosecution of human rights

357
“Another boy recruited as child soldier by Manipur rebels”, www.nagajournal.com, 21st October 2012,
4:00pm

358
Chandru. "Manipur - in a strange whirlpool of Cross-Current Insurgency", www.southasiaanalysis.org,
4th March 2012, 7:30pm

186
violators difficult.359 But here the fight is based more on morals and ideologies rather than

a question of sovereignty.360

On 10th March 1982 in Huining village, Ukhrul district, Manipur, the soldiers of the

21st regiment came to the village. They had a list of Nagas who they suspected. Paul and

Daniel were taken to a nearby army camp. No one has seen them since. In 1984, the

Supreme Court of India awarded a compensation of Rs 1 lakh each to the wives of Paul

and Daniel. Disappearances like this are not infrequent but such verdicts are. On 24th

January 1986 in Gyaimu village, Ukhrul district, 19th year old girl was assaulted by two

Indian Army Officers at her house. She was shot death when she resisted their attempts to

rape her.361

On 9th July, 1987 the Assam Rifles post near the village (Oinam) was raided in

broad daylight by the undergrounds. They walked away with 150 weapons and 125

thousands of ammunition. Nine Jawans were killed and three seriously injured. The

Assam Rifles launched Operation Bluebird to recover the looted arms and ammunition.

The operation lasted till the end of October, 1987. Operation Bluebird was carried out in

and around Oinam and its surrounding 30 villages of Senapati District in Manipur.

Within a few days after the Operation was launched villagers were being subjected to all

kinds of cruel, inhuman and degrading treatment by the Assam Rifles. For two weeks the

people were group together in the local playground from early morning to late night and

tortured by the army in the name of interrogation. 15 people were killed, around 300

359
"Insurgency In Manipur : KanglaOnline - Your Gateway", www.kanglaonline.com, 4th March 2012
10:30pm
360
“The heart of revolutionary movement in Manipur is corcom”- Kanglaonline, www.kanglaonline.com,
9th September 2014
361
A short movie, “Naga Story-The other Side of Silence”, dedicated to the struggle of Indigenous
Peoples all over the world for freedom, self-determination and identity, Directed by Gopal Menon,
produced by E.Deenadayalan, others Media Communications Pvt. Ltd.

187
women were tortured badly, 4 of them were rape, 12 children died of starvation and

denial of medical care. A case was filed by the Naga People’s Movement for human

rights on behalf of the affected people of Oinam. The Guwahati High Court completed

recording evidence which run to over 10 thousand passages and the final hearing was

completed in 1991. 12 years has passed and the court yet still not given any verdict. 362

Politicians of various local and national parties, journalists, student leaders and

village leaders voiced their concern in the shape of innumerable memorandums and

petitions both to the Manipur Government and to the Union Government. However, no

official Commission of enquiry or even an administrative investigation was forthcoming.

Instead, the then Chief Minister expressed his absolute/utter helplessness in protecting

villages from the Assam Rifles atrocities. As with other NGOs in the region, it is

important to understand that many of these organizations closely co-ordinate their

activities with extremist groups, and reflect deep ethnic biased in their projection of

alleged human rights abuses. The Naga People’s Movement for Human Rights

(NPMHR), a prominent human rights organization in the State has been leading the

movement to highlight human rights abuses by the security forces in the State. Starting

from the days of Operation Bluebird, during which some cases of human rights violation

were reported involving Assam Rifles’ personnel in and around Oinam village in

Manipur’s Senapati district in 1987, the NPMHR has been continuously drawing

attention to such incidents. However, its propagation of a viewpoint that is enfolded with

an appreciation of the insurgents’ cause and activities, and a highly partisan ethnic

perspective, has done little service to the broader cause of human rights. 363

362
Ibid.
363
Naga People’s Movement for Human Rights vs Assam Rifles: third report of the coordinating
committee on Oinam issue, Legal Perspectives, Documentation File No. 17, June 1992, p. 35

188
 One of the issues that centred among the human rights in North East India is the

case of Irom Sharmila’s fast. It’s already 16 years and Irom Sharmila decided not to eat,

drink and given up footwear and left her hair unoiled and uncombed and vowed that

unless the draconian Armed Forces (Special Powers) Act, of 1958 (AFSPA) is lifted from

her home state, she will not give up her fast.364 It was the Malom massacre of 1st

November 2000, where ten innocent persons were gunned down by security forces in

Malom village, Manipur, which convinced the young poet that she must act. The next day

she announced her fast. While Irom Sharmila has staunchly stuck to her resolve, the

State’s response has been unbelievably apathetic; ordering forcible feeding through a

nose tube as well as periodic arrests for attempted suicide together with a complete

disregard of her demand for the repeal of the AFSPA. In the case of Anna Hazare, the

Central Government agreed to pass the Lok Pal Bill in the Parliament. But in the case of

Irom Sharmila no action was taken unfortunately. In 1958, when the Union Home

Minster introduced the law in Parliament, he assured that the Act will be in operation for

only six months. But it has dragged on for more than 58 years now.365 Lokendra

Arambam says that “This Act is used as a cover by security forces to violate human

rights”.366 The Act still provides the military personnel in the state immunity from the

country’s judicial system.367

364
Iboyaima Laithangbam, “There is no need to join politics to make oneself heard: Irom Sharmila”, The
Hindu,16th February 2014
365
Trithesh Nandan, In Manipur, Human rights panel is just a signboard, www.governancenow.com, 21st
August 2013, 2:00pm
366
Jaideep Mazumdar, “Failed State?”, Times of India, 16th October 2011
367
Chiranjib Haldar, “The Land of the Blind”, Times of India, 20th February 2012

189
 On 16th February 2001, two Bihari’s rickshaw pullers were killed in a bomb blast

in Imphal in an attack with a perpetrator and intended victims remain unknown.368 On

18th June 2001, 13 people killed and over 50 wounded in police firing as demonstrators

protesting the Naga ceasefire extension set ablaze the Assembly and the Chief Minister's

Secretariats and Government buildings, leading to imposition of an indefinite curfew in

three districts on the last day of the 66 hour State bandh. The attempt to central

government to extend the ceasefire with the NSCN (IM) to all Naga inhabitant areas

made with violence resistance from the other communities specially the Meiteis. The

angry protester burn down the state legislative building, the central government had to

withdraw its decision.369

Thangjam Manorama (1970–2004) was a victim of the Indian System atrocities

under the Armed Force Special Power Act (AFSPA), 1958. She was claimed to be extra-

judicially executed by the Indian paramilitary unit, 17th Assam Rifles on 11th July, 2004.

Her bullet-ridden and badly mutilated dead body was found abandoned three kilometers

away from her home where she was arrested the earlier night. She was shot several times.

Investigations revealed that she was tortured and raped before being killed. The incident

sparkled widespread protest in Manipur, India against AFSPA

At the time of the arrest, no incriminating items were found, as per the arrest

memo. Later it was stated that a grenade and other items had been seized from her home.

Assam Rifles claimed that she was shot while trying to escape. However, no blood was

found near the body despite six bullet wounds. No soldier was identified as having tried

to run or detain her. Given these disparities, a commission of inquiry was set up by the

368
Gopal Menon, op.cit.
369
“Manipur Assembly, Govt. buildings set on fire”, The Hindu, 19th June 2001

190
Manipur government in 2004, and submitted its report in Nov 2004. However, the

Guwahati High court also looked into the matter and ruled that since the Assam Rifles

had been deployed under the Armed Forces (Special Powers) Act, 1958, the state

government did not have jurisdiction over them, and the case should be dealt with by the

central government. Thus, the report was never released subject to this judgment.370

The failure to assign culpability in the alleged rape and murder case led to

widespread and extended protests in Manipur and Delhi. Five days after the killing,

around 30 middle-aged women walked naked through Imphal to the Assam Rifles

headquarters, shouting: "Indian Army, rape us too... We are all Manorama’s mothers."

Padma Shree author M. K. Binodini Devi returned her award in protest. Protests have

continued in 2004 and over the years. In early 2012, the Justice Varma committee

includes measures for reviewing AFSPA as part of a set of steps to reduce violence

against women; these measures are partly been attributed to the protests involving

Manorama.

Recently, in December 2014, in a case filed at Supreme Court of India, the apex

court told to government to pay a compensation of Rs. 10 lakhs to Manorama's family.

The case was accepted for hearing in the court. It was seen as one of the partial victory,

but the doubt remains the same as even in past, compensations were declared for victims

of AFSPA, but courts could not spell any judgement against culprits for awarding

punishment. 371

370
“The Merciless Killing of Thangiam Manorama”, www.worldpress.org, 19th Feb. 2012, 06:23pm
371
Ibid.

191
 The failure of the political system in Manipur by successive governments gave

prominence to the government armed forces, who, in turn have been falling back upon

the dreaded Armed Forces (Special Powers) Act, 1958 (AFSPA) for violating human

rights with impunity.372

4. Meghalaya

Despite Shillong remaining the jewel in the crown for the region for more than a

century, Meghalaya is heavily backward as development remains city centric. Even basic

facilities do not reach the poor. Till now travelling between two important towns in the

state, Shillong and Tura, require a long circuitous route through Assam crossing almost

350 kilometers. The political class is absolutely not good. Yet there are no major militant

groups in the state and all smaller groups are too insignificant to be even called as

pressure groups. Shillong has very good civil society groups. The civil society

extensively uses the Right to Information Act as a powerful tool in their fight against

corruption and human right violations. The state is a storehouse of geological wealth and

in their quest for exploitation, human rights have been trampled and that is where the

civil society and the NGOs are working wonders. Their numbers are limited but they are

doing good job.373

The violation of human rights in the state are in the form of rape and sexual assault on

women and children in the State, custodial deaths following arbitrary detention of

persons and killing of civilians in Garo Hills by both the state and the non state actors.

Meghalaya Peoples’ Human Rights Commission (MPHRC) has also urged the State

government to address the violations of human rights in the State especially in Garo Hills

372
“Insurgency in Manipur, politics and ideology”, The Hindu, 28th January 2010
373
“Overview: Insurgency and Peace Efforts in Meghalaya”, www.satp.org, 26th March 2014

192
region. “We strongly condemn the political violence and human rights violations and

abuses committed in Garo Hills region as well as the ongoing impunity enjoyed by

perpetrators,” MPHRC chief Dino Dympep said. According to Dympep, the present

situation requires the urgent intervention of the government to address these violations as

a matter of critical priority, including conducting impartial and independent

investigations with a view to bringing those responsible to justice.374

5. Mizoram

Mizoram is the only state in the region where insurgency is crushed and its

leaders successfully integrated into the mainstream politics. Though the literacy rate in

the state is 91.85 % (2011), the question of human rights is of recent origin among the

people of Mizoram.375

It was only in 1966 when the ‘Mizo Independence’ movement broke out in

Mizoram under the leadership of the Late Mr.Laldenga, founder of Mizo National Front

(MNF), that the people of Mizoram began to recognize the meaning of human rights in a

rather practical way as a result of various types of human rights violation and atrocities

committed by the Indian army against the Mizo people. Before this, the terminology

‘Human Rights’ was never heard of as the Mizo people had never experienced such a

difficult and critical situation in terms of violation of their personal freedom in their

history.376

Keeping in view of the seriousness of the situation and the increasing level of

strained relations between the Indian Army and the public, Brig.Thenphunga Sailo

374
“Concern over human rights violations in State”, The Shillong Times, 11th December 2015
375
S.N. Singh, op.cit.
376
“Human Rights in Mizoram”, Zo Indegenious Forum, 20th February 2012

193
AVSM, a retired Indian Army Officer, along with some friends formed the Human

Rights Committee (HRC) in the month of June 1974 in Aizawl. Brig. Thenphunga was

elected as the Chairman of the newly formed Committee. The HRC in Mizoram then

launched a campaign against the prevailing atrocities and the public became a little more

enlightened. People greatly appreciated what the HRC was doing. Within a short period

of time, the movement spread throughout Mizoram and gained ground. However, the

following year (1975) saw the Committee converted into a political party and thereafter,

the People’s Conference (PC) was formed. Though the newly-formed party still claimed

to champion the cause of human rights, the same was increasingly getting marginalized

on the PC’s agenda. By the time it won the State Assembly Election in 1978, the party

had firmly put human rights issue on the backburner. It is indeed ironic, but nevertheless,

true that the very P.C. Government was accused of committing serious human rights

violation after it launched a bitter and bloody anti-MNF operation using the State’s police

force designated as ‘Special Force’. Several MNF personnel and people sympathetic

towards the MNF were killed; and in the process, many innocent lives were taken.

However, despite this, the formation of the first HRC was a landmark in the history of

human rights movement in Mizoram.

By the time the Memorandum of Settlement (Peace Accord) was concluded on

June 30, 1986 between the Union Government and the MNF that brought an end to the

two-long decade’s insurgency, the degree of concern for human rights declined to a

significant extent. In the post-Peace Accord period, nobody seems to have taken any

interest or courage to talk about human rights mainly because of the strong contention

prevailing among the people of Mizoram that the issue of human rights arises only during

194
times of war, turbulence or insurgency and there can be no violation under normal

circumstances.

However, looking at the real situation, it is obvious that human rights violation is

an everyday phenomenon in Mizoram. It is an alarming fact that custodial deaths, rape

cases, broad daylight robberies, killings, abduction and kidnaps, etc. reports are received

from every nook and corner of the state on an everyday basis. Even after the

implementation of the Protection of Human Rights Act, 1993 in India, the State

Government of Mizoram has not taken any initiative for the establishment and formation

of a Human Rights Commission nor Human Rights Courts in the state. Mizoram may be

one of the few places where human rights have been extremely neglected and violated

during the past decades.

It will be worthwhile to mention that the Young Mizo Association (YMA),

formed in 1935 under the aegis of the Christian Missionaries, has become the largest

NGO in Mizoram with membership of more than two lakhs. Its main aim is to help

people in times of need (YMA Motto). The Central YMA is the highest authority and

under it, many groups and branches function in almost every locality throughout the

whole of Mizoram. Throughout the years, the YMA has been a potent and powerful force

in spreading the message of Tlawmngaihna (selflessness/self-sacrifice) in its theoretical

and practical aspects. In short, it has been been working effectively as well as efficiently,

in tandem with the Government, in wiping out the various illnesses of the Mizo society

like drug abuse, prohibition of liquors, and in such aspects as conservation of forests and

wildlife, maintenance of customs and traditions, and so on. Apart from the YMA, there

also function in most of the localities Community-Based Organizations (CBOs) like the

Joint Action Committee (JAC) and the Village Defence Party (VDP) which are formed

195
with the purpose of protecting and safeguarding the community. There is no doubt that

these organizations are wielding a very powerful influence in each of the localities. Not

only this, it has been an emerging trend that such organizations as these have a lot of say

in the working of the State government.377

There were some positive steps taken by the state government. On 1st June 2008

the state Cabinet approved the government’s plan of separation of judiciary from the

executive. In February 2008, Mizoram’s Director General of Police, Lalrokhuma

Pachuau claimed that the state had the highest crime detection rate in the country.

Mizoram’s crime detection rate increased from 93% in 2006 to 96.55% in 2007. Human

rights conditions are comparatively good so is the standard of education. Yet drug abuse

has become a major concern in the state.378

6. Nagaland

By the 1980s, ultra-radical nationalists were pushed to the margins of the Naga

political space. Their capability to influence Naga politics was grossly eroded. Violence –

105 killed in 10 years (1981-90) – was the lowest in Nagaland’s history. The Naga issue

began inching towards a sort of Chekhovian revolution.379 Since 1997, there has been a

ceasefire between the Naga militants and the Government of India. Yet, rumour has it

that there would be soon a demand for a more powerful autonomous region than the

existing state of Nagaland.

The NSCN (IM) is negotiating with the Government of India for a greater

"Nagalim" encompassing all these areas. The realistic goal for both sides is an

autonomous region within India. But the problem is the geographic boundary. Since most

377
Ibid.
378
S.N. Singh, op.cit.
379
R. N. Ravi, “Nagaland: decent into chaos”, The Hindu, 23rd January 2014

196
of the cadres of NSCN (IM) come from Manipur including their top leader Mr. Muviah,

they want a large portion of Manipur to be part of Nagalim. This is an unthinkable

proposition in neighbouring Manipur. They need some portion of Assam also, which is

also not realistic. However the NSCN (IM) has stopped talking of integrating the

Burmese Naga areas in their proposed Nagalim. On the ground, although there is peace in

Nagaland and no major killings or any act of violence is reported during the past decade,

there is occasional infighting reported between the various Naga militant groups in their

zest for territorial control. This has continued to keep the state in the news.380

On 27th December 1994, a fight between the NSCN (K) guerillas and the light

infantry took place in Mokokchung town, Nagaland. One gunner was killed by the

guerillas and the Maratha light infantry took it vengeance on the people of the town. 9

were shot down, 4 innocent persons were roasted alive, 59 buildings were gutted down

and 89 shops were burnt down, 17 vehicles burnt down and 72 arrested.381

Almost all people hold the firm belief that factional killings have nothing to do

with ‘patriots’ or ‘traitors’ since all factions consider themselves nationalistic and

patriotic. The problem is that killing does not make anyone more nationalistic or

patriotic. In fact, killing is the most destructive tool that has left hundreds of families

living in grief and bitterness. The fear psychosis that has spread across the land can be

attributed to the possessive evil of killings. The people have marched, protested and

agitated against factional violence. Mere appeals have also made no impression. It may

be recalled that in Dimapur area alone, during 2008 from April to June, around 30 were

380
Chaman Lal, “Human Rights Situation in the North-East”, Dialogue, April - June, 2004, Vol. 5, No.4,
pp. 7- 9
381
Gopal Menon, op.cit.

197
killed. It may not be exaggerated to assume, that factional killings since the 80s till today

have claimed the lives of more than a thousand Nagas, including women and children. No

one has the right to take life of another person. Even the worst of criminals are accorded

fair trail and death penalty is awarded only in very rare cases.382

Even after ceasefire agreements were signed by factions in 1997 and 2001, the

problem persists. Abductions, killing and gross violation of human rights still continue.

People had honestly believed that ceasefire would bring peace and real hopes for

solution. However, this has not happened. Factions claim they represent the people but it

is another matter as to what the Naga people really feel about the claim. Representing the

people also means being obligated to the welfare and well being of the people and paying

heed to their fervent appeals to bury the bitter past and join hands as equals and to work

for the betterment of the future generation. As for the law enforcement agencies of the

state, there is much to be desired as far as the nature of applying the law without fear or

favour is involved. Unless perpetrators of crimes are brought to book, there can never be

a sense of well being or security. While NGOs pursue political reconciliation with

backing of the church; perhaps the law enforcement agencies also need to play their role

in ensuring that no one crosses the bounds of both constitutional and human law.383

Over 1,800 Nagas have been killed in some 3,000 fractional clashes since the

beginning of the ‘ceasefire’ (1997-2013). Contrast it with the violence during the 17

years preceding the ‘ceasefire’ (1980-1996) that took a toll of some 940 Naga lives in

1,125 clashes mostly with the security forces. The irony is underscored by the fact that

while the security forces and the NSCN(IM) have been at mutual ‘peace’ during the

382
“Impact of Violence”, Nagaland Post, 30th August, 2012
383
Ibid.

198
‘ceasefire’, twice as many Naga have died, killing one another in some 300 per cent

escalation in fratricidal violence. The vector of violence has turned inward with a

vengeance, from between the security forces and the Naga militias to the one among the

Naga themselves.384

The situation of human rights is very bad inside the state and the human rights

organizations are not strong enough to tackle the situation. There is a parallel government

in Nagaland and the extortion by Naga militant groups have now become the part of daily

life. Right from the top bureaucrat to petty traders, everyone has to pay 10 percent of

their income to the militant groups. In larger commercial centres like Dimapur, the

traders face annual extortion rates from at least three to four major groups. Nobody takes

the help of law as it is meaningless and counterproductive. Killing for nonpayment of

extortion money by the Naga groups is common. In fact the present state government in

Nagaland is indirectly installed by NSCN (IM) and that is why the state administration

takes no action against open lawlessness. The traders also charge exorbitant rate as they

reimburse themselves against the extortion completing the big cycle of benefit. With no

independent media in the state, the true picture of Nagaland is unknown to the rest of the

world. The existing media in the state is owned or controlled by local politicians who use

it to promote their own interests.385

7. Sikkim

Sikkim is the only insurgency free State in North East apart from Meghalaya.386 It

became the most peaceful state in the region. In Sikkim, women enjoy relatively greater

384
R. N. Ravi, op.cit.
385
Gopal Menon, op.cit.
386
Ashay Anand, “Sikkim: An Insurgency Free State”, IOSR Journal of Humanities and Social Science

199
freedom than in other parts of the region. There has been no reported case of gender

discrimination, inequality, sexual harassment, infanticide or dowry related death in

Sikkim.

Higher Maternal Mortality is the acute problem of Sikkim’s women. Sikkim

comes close to being a model state of India in terms of development interventions, social

harmony and political process of its integration into the national mainstream.

Communities, cultures, religions and customs of different hues intermingle freely here in

Sikkim, to constitute a homogeneous blend. Cultural and economic forces boosted by the

information technology and development activities are reshaping the way of life of the

Sikkimese. It has however proved to be resilient, accepting the benefits of progress while

retaining their ethnic identity.387

8. Tripura

It is a classic example of how the indigenous community in a state was swamped

by migrating Bengalis from East Pakistan and the migrants eventually becoming the

majority in the state. Insurgency in Tripura has never taken a very serious proposition as

each time the government won over the rebel tribal leaders who were persuaded to join

mainstream politics. Armed conflict in Tripura has been a problem since the end of 1970

as an aftermath of Indo-Pakistani war of 1971.

Tripura is ahead in the region in terms of health and education as well as

infrastructure. Instances of violent incidents of human rights violations are low due to the

considerable reduction in the number of armed conflicts in the state. Yet, living

(IOSR- JHSS), Volume 12, Issue 6, July – August 2013, pp. 19-22
387
Ibid.

200
conditions of the native indigenous community is still an area of concern as not much

effort or study has been conducted on this aspect. But the fact remains that native

language, Kokborok, is on the verge of being extinct.388

Tripura has in many ways been quietly leading by example: its human

development indicators are among the best in the country and it is now the first state in

the North East to do away with the Armed Forces (Special Powers) Act or AFPSA. The

Armed Forces (Special Powers Act), 1958, and the Armed Forces (J&K) Special Powers

Act, 1990, have been in force in parts of North East India since 1958 and in Jammu and

Kashmir since 1990 respectively. These laws give sweeping powers to soldiers, including

the powers to shoot to kill in certain situations and to arrest people without warrants.

They also provide virtual immunity to soldiers from prosecution. They have helped in

covering up grave human rights violations, such as extrajudicial executions, enforced

disappearances, rapes and torture. APSPA came into force in Tripura on February 16,

1997. The next year, the state was briefly brought under the Disturbed Areas Act. This

was nearly two decades after insurgency actually started in Tripura around 1979, and

since then several armed militias had carried out strikes.

The state increased the number of police stations and made the army unneeded

that ensured that eventually AFSPA could be withdrawn. This is a strategy that the other

states could easily adopt to phase out the role of the army and thereby do away with one

of the most abusive Acts in the country.389

IV. Human Rights Awareness among the North East Population

388
Chaman Lal, op.cit.
389
Kishalay Bhattacharjee, “Tripura has shown us how to get rid of one of India’s most abusive laws –
AFSPA”, www.scroll.in, 30th May, 2015, 7:30 pm

201
 The important dimension of human rights is the spread of awareness among the

people about these rights. Majority of the people do not know as to what constitutes

human rights; how these rights are violated, who abuses these rights and what

instruments and mechanisms do exist for the enforcement of such rights. Our

Constitution provides an elaborate scheme of provisions as enshrined in the Preamble,

Fundamental Rights and the Directive Principles of State Policy which are aimed at

ensuring and guaranteeing the rights of the people. Besides, there exist various laws and

statutory provisions. Despite, the basic rights of the people-right to life, liberty, equality

and dignity-are encroached upon in one form or the other, particularly by the state

agencies. This happens primarily because people at large are ignorant about such

constitutional and legal provisions.

Today, to a large extent, human rights violations take place in the form of excessive

use or abuse of power by the state and its agencies, police, army, paramilitary forces and

other law enforcing organs. Increase in custodial death, killings in encounters (many

times fake ones), rape of women by police, army and paramilitary forces, particularly in

the militancy inflicted areas like the north east are the indicators of gross violation of

human rights by the state agencies. Existence and prevalence of bonded labour,

untouchability, child labour, dowry system, sati pradha, increase in religious intolerance,

caste riots, etc. do suggest that mere constitutional and legal provisions are not sufficient

for meeting and addressing the problems and challenges of human rights. There is a need

to evolve a comprehensive system or strategy to develop and spread human rights culture

through human rights education.390

390
S. N. Chaudhary, ed; op.cit., pp. 138-139

202
 Awareness relating to rights is very important for empowering the people to seek

policies of good governance from the government. The strategy for inculcating human

rights culture among the people needs to be based on a numerous factors such as legal,

political, judicial and institutional. The United Nation General Assembly defined human

rights education as a life -long process by which people at all levels of development and

in all strata of society learn respect for the dignity of others and the means and the

methods of ensuring that respect in all societies.

In North East the issues of the human rights was largely unknown or unheard

especially in the late 50s when violation of the human rights was rampant. Violations

continued even till the 80s despite Human Rights Movement having already started in the

early 80s. The state or the security forces were largely seen as perpetrators of human

rights abuse and most victims failed to get justice due to lack of legal support. With the

level of awareness on human rights issues turning out to be more of a battle between

government agencies and civil rights groups, instead of being a yardstick to adhere to

respect for both the law and the rights of citizens; the issues has thrown a challenge

before the civil societies and governments to demarcate the boundary between basic

human rights and civil rights and the need to ensure that violators are punished as per the

law of the land without fear and favour.391

While in the North East it is important to spread awareness on human rights, it is

also equally important to see it from the very core of the issue, that is –human dignity.

Human rights are not a magic bullet. Their invocation does not transform a campaign

from a losing one to a winning one. Deciding which norm should be counted as human

391
“Broad Aspects of Human Rights”, Nagaland Post, 10th December 2011

203
rights is a matter of concern. And there is a continuing pressure to expand lists of human

rights to include new area. Many political movements would like to see their main

concerns categorized as matters of human rights, since this would publicize, promote and

legitimate their concerns at the international level. A broader understanding is necessary

so that human rights issues are relevant for all contexts as it would also seeks to enlighten

not only about rights but more importantly, the responsibilities.392

The right to humane governance which means corruption-free governance with

focus on serving the common interests of the general public rather than the special

interests of the elite corpus of bureaucrats and elected representatives is one right of the

North East people which is found to be violated most glaringly and massively. Mis-

governance is seen to be the common curse of the entire North East. Its sign is visible in

the economic backwardness of the region and poor standards of public services. In an

area blessed by nature with abundance of water sources, there are many areas where

people are facing shortage of drinking water. Universalisation of elementary education, a

fundamental right of the people is a distant dream despite all claims made by the

Government on this score. The Government schools lack elementary infrastructure,

teachers are irregular, and dropout rates are high. The children of the common people

who cannot afford to send them out for education against reserved seats end-up as semi

literate after schooling. For want of any other opportunity to earn a living they take the

only available career option of joining the undergrounds that pay them reasonably well.

Public distribution system, a key activity of a welfare state has also been in a state of

confusion in the North East with the bulk of the allotted quota reaching the influential

people for diversion into illegal channels including smuggling into Bangladesh. The
392
Ibid.

204
public health-care services built with generous financial grant from the government of

India for creating a reasonably good infrastructure are almost non-existent.393

North East is multiethnic with heterogeneous cultural background and is different

from mainstream homogeneous culture. Due to the prevalence of tribal and indigenous

culture it is generally perceived that women of the region are relatively much more liberal

than rest of the country. The general presumption is that women of the region are equal

partners with their male counterparts in different spheres of lives. This belief is rooted

because unlike Northern, Southern, Western and Eastern part of India, the entire

northeastern region is almost free from social evils like dowry, sati, and female

infanticide.

Moreover in the last few decades insurgency has been the part and parcel of the

life of the people of the region. Various ethnic strife, rebellion and militancy have been

affecting the normal lives of the people and women are the worst victim of it. The region

has been witnessing the violation of human rights. Due to armed conflict and militant

activities women in the region has been more vulnerable.394

An analysis of the complaints handled by the National Human Rights Commission

was 173 in 1993-94 (September 1993 to March 1994) which rose to 2790 in 1994-95,

grew exponentially and reached the peak of 71,517 in 2000-01. It has now stabilized

around 70,000. The number of complaints entertained in 2003-04 was 72,907. Uttar

Pradesh has the dubious distinction of holding the top position in terms of number of

complaints received by the Commission since 1995-96 accounting for more than 50% of

393
Chaman Lal, op.cit.
394
Bidisha Mahanta and Purusottam Nayak, Gender Inequality in North East India, North Eastern Hill
University, Shillong, 2013, pp. 5, 6

205
the total. Bihar has been the runner-up since 1996-97 but has been pushed to 3rd position

by Delhi which has moved from its consistently 3rd position since 1996-97 to 2nd in 2003-

04. Madhya Pradesh, Rajasthan, Maharashtra and Haryana have been competing for the

4th and 5th positions.

In the year 2003-04, Uttar Pradesh with 40,661 of a total of 72,907 complaints

(55.8%) was at the top followed by Delhi (4636 – 6.4%), Bihar (4541 – 6.3 %), Haryana

(2965 – 4.1%) and Maharashtra (2792 – 3.9%). While States like Andhra Pradesh,

Gujarat, Karnataka, Orissa, Punjab, Tamil Nadu, West Bengal, Jharkhand and

Uttaranchal have been making sizeable contribution to the total number of complaints,

the share of Himachal Pradesh, Jammu and Kashmir, Kerala has been relatively much

smaller. Regarding the complaints received from North East in the year 1994-1995 was

89 of a total of 2790 complaints (0.46%), in 2000-2001, complaints received was 328 of a

total of 71,517 complaints (0.46%). During 2001-2002, 341 of a total of 69,039

complaints (0.49%), in 2002-2003, 323 of a total of 68,713 complaints (0.49%) and in

2003-04, North East with 357 of a total of 72,907 complaints (0.49%). The States of the

North East are found to be occupying bottom positions.

According to some of the leaders from North East, they never consider the number

of complaints filed with the NHRC from the North East as a reliable index of the human

rights violations in these States. As most of the alleged violations involve the Members of

the armed forces of the Centre and the NHRC is viewed to be “powerless” in dealing with

these forces, the victims either chose to suffer silently or knock on the doors of the

Guwahati High Court. The number of Habeas Corpus writ petitions filed in that High

Court can give a more realistic measure of the extent of violation of rights and freedoms

206
of the people of this region. Guwahati High Court is found to have intervened a number

of times in favour of the citizens’ rights much to the annoyance of the Generals of the

army and para-military forces. However, the share of the North East in the number of

cases in which the Commission has secured immediate interim relief to victims has been

fairly good. Out of a total of 582 cases involving the immediate interim relief of 700

crores rupees and 6.7 per cent cases, North East secured 86 lakh rupees only. 395

395
Chaman Lal, op.cit., pp. 4-7

207