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Women Group Seeks Scrapping of “Unjust Law” AFSPA in Assam

January 13, 2023 | By

Gauhati: A women’s group on 11 January 2023 demanded the repeal of Section 197 of the Code of Criminal Procedure (CrPC) along with the “draconian” Armed Forces (Special Powers) Act of 1958.

As per The Hindu, “[t]he demand of the Women in Governance Network (or WinG) India follows an order of the Gauhati High Court to the Centre to compensate the families of two eastern Assam youths who were killed by the security forces six years ago after being branded as ‘extremists’.”

According to the WinG, Section 197 has not been as much in focus as the AFSPA. It says: “No court shall take cognisance of any offence alleged to have been committed by any member of the armed forces while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central government.”

Members of the women’s group reportedly said the requirement of sanction for prosecution under Section 197 should be abolished in cases of custodial violence and other human rights violations and “unjust laws” must not come in the way of the registration of all cases.

Advocates Malavika Das and Monjyoti Smith reportedly said: “there are many examples of youths in Northeast India being killed in the name of counter-insurgency operations because of certain laws that give immunity to the armed forces personnel”.


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