Comments by Simranjit Singh Mann:- Shiromani Akali Dal Amritsar states that THIS (Theocratic Hindu Indian State)is a powerful theocratic nuclear armed state. How can an enquiry into the pellet guns used against innocent Kashmiri women and children endanger the sovereignty of this Hindu state? The fact is that the Hindu state feels that by using such weapons against innocents, imposition of a dracionian law like AFSPA (Armed Forces Special Powers Act)
which allows the armed forces and para military’s battalions to kill, maim torture, detain, abduct, kidnap and shoot without an order of a magistrate, without the right to habeus curpus, all with impunity, has made this strong nuclear armed state hollow by violating the Geneva Conventions of war which disallow the killings of non-combatants, all this has weakened, morally, the Hindu state as a result it feels that it’s sovereignty is in danger if its use of illegal weapons and means to kill unarmed civilians is revealed. Therefore as it has not signed and ratified the following U.N treaties, covenants and protocals which are as follows:
1. 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
2. 1951 Convention relating to the Status of Refugees.
3. 1954 Convention relating to Status of Stateless Persons.
4. 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples.
5. 1965 International Convention on the Elimination of All Forms of Racial Discrimination.
6. 1966 Optional Protocol to the International Covenant on Civil and Political Rights.
7. 1967 Protocol Relating to the Status of Refugees. It is because there are still 30,000 Sikh Stateless refugees in Kashmir since 1947.
8. 1972 Treaty on the Limitation of Anti-Ballistic Missile System.
9. 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage. If this Convention had been followed, neither the Darbar Sahib, the Golden Templewould not have been reduced to rubble nor the Babri Masjid in 1992.
10. 1984 Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment.
11. 1984 Safeguard and guaranteeing protection of the Rights of those facing the death penalty.
12. 1995 Treaty on the Non-Proliferation of Nuclear Weapons.
13. 1996 Comprehensive Nuclear Test Ban Treaty.
14. 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of anti-Personnel Mines and their Destruction (the Ottawa Convention on the abolition of landmines).
15. 2001 Rome Statute, by virtue of which the International Criminal Court has been set up at the Hague.
16. 2010 The Convention on Cluster Munitions prohibitsall use, stockpiling, production and transfer of Cluster Munitions.
Therefore the Hindu state has become a rouge state that defies international law, practices of humanity and the killings of Sikh’s and Muslim’s with impunity, the UN Security Council should take strict action against this country that practices state terrorism and it should not become a member of the NSG and other bodies, so that it’s military terrorist activity against its own citizens is curbed and nullified.
AFSPA as a law is ultra vires of the Indian constitution, as it violates article 21 of this constitution that states no person will be deprived of life and liberty without procedure laid down by law. The Supreme Court is the protector and guardian of the constitution. Because the urge of the Hindu state to eliminate the minorities is so strong that in this case and this law, the Supreme Court has allowed this law to remain on the statute book.