HUMAN RIGHTS

Government Statement on Armed Forces Act

The Armed Forces (Assam and Manipur) Special Power Act, 1958 was enacted by Parliament in the Ninth Year of Republic of India. It was amended by the Armed Forces (Assam and Manipur) Special Powers (Amendment) Act, 1972. The amended Act extended to the whole of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union Territories of Arunachal Pradesh and Mizoram. By the State of Mizoram Act, 1986, in the Armed Forces (Special Powers) Act, 1958, in the long title and in sub-section (2) of Section 1, for the words "Meghalaya, Nagaland and Tripura and the Union territories of Arunachal Pradesh and Mizoram", the words "Meghalaya, Mizoram, Nagaland and Tripura and the Union Territories of Arunachal Pradesh" were substituted. Further, by the State of Arunachal Pradesh Act, 1986, in the Armed Forces (Special Powers) Act, 1958, in the long title and in sub-section (2) of section 1, for the words "Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union territory of Arunachal Pradesh", the words "Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura" were substituted.

 The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983 is in force in the State of Punjab and Union Territory of Chandigarh with effect from 15th October, 1983.

 In the State of J&K, the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 is in force with effect from 5th July, 1990. In accordance with the provisions of the aforesaid Acts, Part or whole of the States including the Union Territory of Chandigarh to which these Acts apply may be notified as "disturbed area".

 At present, the following States or part thereof stand notified as "disturbed area": Assam, Meghalaya, Manipur, Nagaland, Arunachal Pradesh, Punjab, J&K and Union Territory of Chandigarh. The situation is kept under constant watch and review for determining the continuance of the concerned areas as "disturbed area".

 (Source: LSUQ No. 376 dated 29 February, 1996 by S. Shahabuddin)

 Government Statement on Review Committees for Releasing Persons Detained under TADA

As per the directions of the Supreme Court, the Central Government as well as the State Governments have constituted Review Committees. The meetings of these Review Committees are being held periodically and cases are being reviewed regularly. The Government of India is repeatedly emphasizing the need to carry out this exercise expeditiously on priority.

 (Source: RSUQ No. 569 dated 6 March, 1996 by A.P.K. Jogi and 5.5. Surjewala)

 Government Statement on Central Assistance for Enforcing Prohibition

 The Tenth Finance Commission (TFC) in its report (for 1995-2000) submitted to the Government of India in November, 1994 has indicated that it has taken note of the prohibition policy by certain States like Gujarat and Tamil Nadu and more recently by Andhra Pradesh and Orissa apart from some of the North-Eastern States. The States concerned had impressed upon the TFC the need for compensating them for the losses on this account as they had taken these measures in furtherance of the Directive Principles of the State Policy. The TFC has adjusted the base year estimated of States revenues taking into account the effect of the Prohibition policy of the State on its excise revenues and made projections on that basis. The recommendations of the TFC have been accepted by the Government.

 There is no commitment to provide any further Central Support for implementing total prohibition in Andhra Pradesh at present.

 (Source: LSUQ No. 402 dated 29 February, 1996 by N.J. Rathva and R.K. Konathala)