Armed forces impunity ended; inquiries into deaths of people in troubled areas

Q.  Which of the following is/are true regarding the recent verdict on immunity enjoyed by armed forces?

1) Every death is to be thoroughly enquired by the CID at the instance of NHRC.
2) Absolute immunity is only available if the victim is found to be enemy.
- Published on 14 Jul 16

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Only 1
 
  • Every death caused by the armed forces in a disturbed area, whether the victim is a dreaded criminal or a militant or a terrorist or an insurgent, should be thoroughly enquired into, the Supreme Court held.
  • This is to address any allegation of use of excessive or retaliatory force beyond the call of duty.
  • Dealing a blow to the immunity enjoyed by security personnel under the Armed Forces (Special Powers) Act of 1958 (AFSPA) against criminal action for acts committed in disturbed areas, the apex court held that “there is no concept of absolute immunity from trial by a criminal court” if an Army man has committed an offence.
  • Even if the enquiry finds the victim an enemy, a probe should look into whether excessive or retaliatory force was used.

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