AFSPA
Armed Forces Special Powers Act was
passed on September 11, 1958, by the government of India this
law granting special powers to the Indian armed forces, this act is applied to
all the Disturbed areas of India. AFSPA is applied in Assam, Manipur, Punjab
and J&K, due to the enforcement of this law in the disputed areas human rights
violations, arbitrary killings, indiscriminate torture, cruelty, custodial
killings, mass rapes, unidentified graves and forced disappearances have
happened by the hands of Indian Armed Forces,
Decades have passed since this law was passed and enacted
in Jammu and Kashmir; people of Kashmir have witnessed worst kind of human
rights violations in the due course of time.
POTA
Prevention
of Terrorism Act was an anti-terrorism legislation
enacted by the Parliament of
India in
2002. The act replaced the Prevention of Terrorism Ordinance (POTO) of 2001 and
the Terrorist and Disruptive Activities
(Prevention) Act (TADA)
(1985–95), and was supported by the governing NDA government. The
act was repealed in
2004 by the United Progressive Alliance coalition.
Under
this law suspect could be detained for up to 180 days without the
filing of chargesheet, It
also allowed law enforcement agencies to withhold the identities of witnesses
due to this feature lot youth were disappeared forcefully, and under this law a
confession made to the police is as an admission of guilt. Under regular Indian
law, a person can deny such confessions in court but in Kashmir you cannot
afford to challenge.
Indus Water Treaty
The Indus Waters Treaty is
a water-sharing treaty between Pakistan and India,
brokered by the World Bank. The
treaty was signed in Karachi on
September 19, 1960 by Indian Prime
Minister Jawaharlal Nehru and President of
Pakistan Ayub Khan (President of Pakistan).
The treaty was a result of Pakistani fear that since the source rivers of the
Indus basin were in India,
it could potentially create droughts and famines in Pakistan, especially at
times of war.
Rivers originating from Kashmir and flowing westwards
into Pakistan have been sold out to Pakistan means Jammu and Kashmir cannot use
the river water of Indus, Chenab and Jhelum for irrigation, storage of water in
dams and generation of electricity. This
act has hampered growth and development of the state tremendously.
Public Safety Act
One of the most draconian laws applicable in Jammu
and Kashmir, Public Safety Act (PSA), that is being liberally used as a
repressive measure to scuttle any dissent, often also for victimizing innocent
youth, ironically finds its roots in the Defense of India Act (DIA) during the
British rule. In fact, the PSA happens to be a more punitive form of the DIA
that was described by various National leaders including Mahatma Gandhi as
draconian and a black law enacted by UK to suppress Indian freedom struggle.
1.
This Act may be cited as the
Public Safety Act.
2.
Whenever the Governor-General
is satisfied that a state of civil commotion which threatens the public safety
exists or is likely to arise in Belize or in any part thereof, he may by order
make regulations for all or any of then following matters, that is to say-
(a) the regulation, restriction or prohibition of the
entry of all or certain persons or certain classes of persons into, the
movement of such persons within, and the exit of such persons from, such area
or areas as may from time to time be prescribed by the Governor-General;
(b) the regulation or restriction of the movements of
means of transport and supply of animals or articles which give motive power to
the means of transport;
(c) the regulation or restriction of the supply or
possession of intoxicating liquor and the prohibition or restriction of the
opening or closing of premises or any part of premises in which intoxicating
liquor is sold or supplied or of the opening or closing of any house of
refreshment, resort and entertainment licensed under the Intoxicating Liquor
Licensing Act [CAP 150. ];
(d) the regulation of the storage, possession or use,
by all persons
or by certain classes of persons or by persons in particular areas or by
persons following particular occupations, of firearms, ammunition or
explosives, and all or any offensive weapons or instruments of whatever
description and the seizure and forfeiture thereof, and the limitation or
variation of the conditions of any licence, certificate or permit possessed by
any persons under any law relating to arms, ammunition or explosives;
(e) the regulation, restriction or prohibition of
gatherings of persons in any place whatever and the prohibition of the holding
of meetings in any place whatever without the permission of the Commissioner of
Police and any gathering of persons or meeting held in contravention of any of
the provisions of any regulations made under this subsection shall be deemed to
be an unlawful assembly and may be dealt with accordingly;
(f) the prohibition and prevention of any description
of intimidation or acts or threats of violence or any other disorderly conduct
of whatever description; and
[S.I. 19 of 1964.]
(g) generally for all such matters as in the opinion of
the Governor-General will better provide for the public safety.
3.
Every person who infringes or
contravenes any of the regulations made by the Governor-General under this Act
is guilty of an offence and is liable on summary conviction to such fine not
exceeding two thousand dollars or to imprisonment for such term not exceeding
twelve months, or to both such fine and term of imprisonment, as the
Governor-General may prescribe.
4. Every person who without
lawful authority, the proof whereof shall
be upon him, defaces, obliterates, covers over, removes or destroys any copy of
any of the regulations made by the Governor-General under this Act affixed to
any building or place shall be guilty of an offence and shall be liable on
sum-conviction to a fine not exceeding five hundred dollars or to imprisonment
for a term not exceeding six months.
Arrest. [S.I. 19 of 19
5. In respect of offences against any regulation made
by the Governor-General under the authority of this Act-
(a) the offender, or if there is suspicion
of such an offence which is of a serious nature, the suspected offender, may be
arrested-
(i) upon the warrant of any person
authorised by law to issue warrants; or
(ii) upon the written order of any officer of the police
department; or
(iii) if there is reason to believe that the delay in
obtaining a warrant or written order would defeat the ends of justice or
prevent the enforcement of those regulations without any such warrant or
written order;
(b) if the offence or suspected offence
against those regulations is not of a serious nature it shall not be necessary to arrest the offender or
suspected offender but he may be summoned or warned to appear before the
magistrate's court in a manner prescribed by the law, rules and practice
governing such court;
(c) any arrest made under this section may be effected
by any member of the police department.
6.
A person charged with or
suspected of an offence against any of the regulations made by the
Governor-General under the authority of this Act shall not be admitted to bail
if the offence is in the opinion of the magistrate of a serious nature.
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