AFSPA: Soldiers clear of Implications , but is everyone else?

Sir,
AFSPA is the most draconian  of the laws which says that the NCO and the military officer is above law! His judgement or actions can not be reviewed judicially!

If is fundamentally flawed in this respect.

Parliament or the executive who are under the law of the land can not assign the NCO and the Miltary commander immunity under the laws of the land!

People  who questioned it include:

1. UN Human rights commission (When India presented its second periodic report to the United Nations Human Rights Committee in 1991, members of the UNHRC asked numerous questions about the validity of the AFSPA. They questioned the constitutionality of the AFSPA under Indian law and asked how it could be justified in light of Article 4 of the International Covenant on Civil and Political Rights, ICCPR. On 23 March 2009, UN Commissioner for Human Rights Navanethem Pillay asked India to repeal the AFSPA. She termed the law as "dated and colonial-era law that breach contemporary international human rights standards.)
2. The act has been criticized by Human Rights Watch as a "tool of state abuse, oppression and discrimination".^[11]
3. The South Asian Human Rights Documentation Centre argues that the governments' call for increased force is part of the problem.
4. Institute for Defense Studies and Analysis points to multiple occurrences of violence by security forces against civilians in Manipur since the passage of the Act.^[14]
5. there have been claims of disappearances by the police or the army in Kashmir by several human rights organizations.^[16][17]
6. Amnesty International and the Human Rights Watch (HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances", and torture;^[18] the "Armed Forces Special Powers Act", which "provides impunity for human rights abuses and fuels cycles of violence. The Armed Forces Special Powers Act (AFSPA) grants the military wide powers of arrest, the right to shoot to kill, and to occupy or destroy property in counterinsurgency operations.
7. Acticists who are working in J&K for peace and human rights include names of Madhu Kishwar, Ashima Kaul, Ram Jethmalani, Faisal Khan, Ravi Nitesh, Swami Agnivesh, Dr. sandeep Pandey and many others.

Here we have a General who do not understand rudiments of law and the limitations of executive power  and  writes: Thus, debates based on crass ignorance of ground realities are harmful for the community- it is like banning a book or a movie without having read/seen them. Soldiers are quite clear on where they stand on AFPSA, but is everyone else?


Who suffers from "Crass Ignorance" ?
 You be the judge.

Let us give the devil its due:  Soldiers are quite clear on where they stand on AFPSA!
On the wrong side of the fundamental laws that govern the relation of the state to the citizen from time immemorial from 1603!
"The poorest man may in his cottage bid defiance to all the force of the crown. It may be frailâ€"its roof may shakeâ€"the wind may blow through itâ€"the storm may enter, the rain may enterâ€"but the King of England cannot enterâ€"all his force dares not cross the threshold of the ruined tenement."

Nath