Manipur Education department Transfers dead & retired teachers.

HNS/Imphal, Sep 11: Believe it not! The names of as many as six teachers who have already passed away and many others who have retired from service years ago were in the transfer order issued by the State Education Department recently as part of the effort towards rationalisation of teachers working in various Government schools in the State. Shocked over the revelation, teaching community in Manipur under the banner of Council of Teachers’ Association (COTA) have demanded cancellation of the defective transfer order and warned of launching various intense agitations including fast unto death stir from September 15 if the demand is not met. A decision to this effect was arrived at during a meeting convened by COTA at Manipur Press Club here today. Talking to media after the meeting, convenors of COTA namely P Koireng, Ch Santakumar and M Joykumar informed that the defective transfer order in question was issued by the State Education Department after praising the works of teachers during Teachers’ Day celebration. Highlighting the anomalies in the transfer order, COTA submitted memorandum to Chief Minister O Ibobi Singh and Education Minister Moirangthem Okendro, but no corrective measures have been taken up by the State Government and its Education Department, they lamented. They further pointed out that apart from inclusion of dead and retired teachers, the transfer order also have same teachers posted in two separate schools. Moreover, as per the policy of the government, teachers can not be transferred during midsession of an academic term as this would affect the students. But many teachers who were recently given new postings were again transferred and teachers who were recently posted in urban areas after serving for decades in interior areas were again posted to interior areas, they said, adding that lady teachers were also posted in interior areas where there is no government quarters or boarding facilities, not to speak about proper roads and communication facilities.COTA demanded that the Government should formulate a proper transfer policy and stop the pick and choose policy.

Women vendors observe ‘Invisible 9/11’ to protest 56-years of AFSPA

IMPHAL, September 11: Women vendors of the Khwairamband Keithel observed the “Invisible Day” today, September 9, when 56 years ago, the then President of India Dr Radhakrishna signed the imposition of Armed Forces Special Powers Act (AFSPA) 1958 in the North East and Jammu and Kashmir.

The observation of the day was launched in 2008 by the Just Peace Foundation.

Several organisations of the seven States of the North East also converged at Guwahati to observe the day and took several resolutions inlcuding taking up intensive mobilization of the masses of NE to oppose this draconian law and the struggle against the Act by linking up with other peoples’ movements in the region

The women vendors observed the day with a silent protest around 1:30pm at the keithel premises.

Keeping their lips covered with black cloths, they sat on the stairs of the keithel under the banner “Stop State terrorism, 56 years of AFSPA is not temporary measure.”

Meanwhile, a panel discussion on the issue was also organised later in the evening at the Manipur Press Club which was converted to a press meet after the panellists failed to turn up.

The press meet was attended by Tezpur Gurukul CBSE School academic head Barnali Sarma Baruah, advocate Alakananda Kakati, Just Peace Foundation managing trustee Anandi; Just Peace Foundation member Irom Shekharjit; Maharaja Budha Chandra College professor Dr Homen Thangjam and research scholar Seram Rojesh.

Speaking at the conference, advocate Alakananda said every North Eastern State should join in Irom Chanu Sharmila’s movement to repeal AFSPA-1958.

The Act has been time and again misused by the security forces, she said.

Barnali Sarma condemning the Act said that the draconian AFSPA is acting against human interest.

She expressed that Sharmila’s demand is very much fundamental and all sections of the community must unite and support her.

She said AFSPA-1958 imposed in the NE states of India has totally hindered human rights.

All we have here is ‘electoral democracy’ said Dr Homen Thangjam during the press meet.

Every place where this draconian Act is imposed has suffered directly or indirectly. This Act has inflicted a fear psychosis amongst the general populace, he said.

Not only are the people of the region facing human rights violation under the draconian Act, but the region is at the same time losing the natural resources, he said.

Just Peace Foundation member Shekharjit said sit in protests and conventions were held at Meghalaya, Tripura, Guwahati and Bodo inhabitant areas of Assam against the draconian Act today.

Meanwhile, To recall the presidential assent given to the Armed Forces Special Powers Act on September 11, 1958, a gathering of different civil societies of Northeast region was held today at Guwahati.

The organisations present were Centre for Research and Advocacy, Human Rights Alert, Manab Adhikar Sangram Samiti, WingG-India, North East Dialogue Forum, Borok People Human Rights Organisation, Barak Human Rights Protection Committee, People’s Right to Information and Development Implementing Society of Mizoram, according to a statement from HRA.

The statement said eminent personalities of the region like Prof Apurba Kr Baruah, Advocate Bijon Mahajan, writer and social activist Kaka Iralu, Dr Prasenjit Biswas, Babloo Loitongbam, Anjuman Ara Begum and Prof Akhil Ranjan Dutta among others deliberated on various aspects of the imposition and continuation of AFSPA at the meeting.

The speakers highlighted on the horrendous stories of atrocities committed by the armed forces of the Union of India, including aerial bombing, burning down of villages, enforced disappearances, extrajudicial executions, rape and other forms of sexual violence, torture and inhumane degrading treatment etc., under the impunity provided by the AFSPA, added the statement.

Further the statement continued that the deliberations emphasised on the fact that rape and other forms of sexual violence have been used as weapons of masculine militarisation under the Act, adding that the AFSPA is increasingly used to gag and subvert the democratic voices against the unsustainable, predatory and anti-people mega dams and other development projects.

It added that the gathering deeply felt the need to liberate the upcoming generations from the inter-generational trauma inflicted by the militarised state of exception under AFSPA. The gathering lamented on the fact that various officials Commissions and Committees set up by the Government of India has also unanimously recommended the repeal of AFSPA, but nothing has been done so far in this regard.

It maintained that AFSPA violates not only the international human rights standards but even the international humanitarian law. The gathering unanimously agreed to take up intensive moblisation of the masses of the Northeast to oppose the draconian law. In the same regard, it was also agreed to constitute a Northeast platform for a broader coordination and coalition of various human rights groups, civil society groups, peoples’ movements at both regional as well as atall-India level by going beyond ethnic, tribal and community affiliations, added the statement.

Uncovering of fake encounters continues

HNS/Imphal, Sep 11: In yet another glaring revelation of justice against the fake encounter episodesarticulated by the security forces in Manipur, a division bench of High Court of Manipur comprising Chief Justice Laxmi Kanta Mohapatra and Justice Nongmeikapam Koteswar Singh today ordered for payment of Rs. 10 lakh as compensation to the two petitioners who filed different writ petitions concerning the two fake encounter cases.
In both the cases, Advocate Meihoubam Rakesh appeared on behalf of the petitioners, while Central Government Standing Counsel Amarjit Naorem and Senior Government Advocate R.S Reisang defended on behalf of the Union of India and the Manipur state respectively. 
According to a release of Human Rights Law Network Manipur, on 28 December 2008, one Thiyam Amit Meitei accompanied by his friend Moirangthem Inaobi Meitei went out to Tshomyang village on a Yamaha motorcycle along with a cash amount of Rs. 10,500/- to be paid to the chief of the village as price for the timbers purchased by his father. The duo were arrested by a team of 23 Assam Rifles at Sabungkhok village and taken to its custody at Yaingangpokpi. After severe torture, the AR personnel separated the two. Thereafter, Lamlai Police station reported an encounter case between AR-Commando combined security force and some unknown persons on 29 December 2008 at 7 pm at Nongren Chinglak. 
According to police report, Thiyam Amit Meitei was killed during the encounter case, while one 9 mm pistol with magazine and 4 live rounds of ammunitions were recovered near the dead body, it recalled, saying that Moirangthem Inaobi Meitei was however brought to the official quarter of the then Deputy Speaker of Manipur Legislative Assembly by the police commandoes and subsequently released.
Dissatisfied with the police allegations, mother of Thiyam Amit filed a writ petition in 2009 before the High Court which accordingly directed an enquiry into the circumstances of Amit’s death, HRLN release said. 
The District Judge, Manipur East submitted its report on 27 July 2012 stating that Thiyam Amit was killed by the 23 Assam Rifles and Manipur Police Commandoes in a fake encounter case on 29 December 2008 at around 7 pm, it added. 
The High Court of Manipur has subsequently ordered the DGP Manipur, the Home Secretary and theDefence Secretary, Govt. of India to pay a compensation of Rs. 5 lakh to the petitioner within 4 months.
In another case, Soubam Baocha alias Shachuinta, who had left home to purchase certain iron bars for construction of his house on 28 December 2008, never returned home. His family found the dead body of Baocha along with that of his friend Salam Gurung at RIMS Hospital, Lamphelpat, the release stated.
However, Lamlai Police station designed a false report of ambush on the team of 23 AR and Police commandoes in which two persons were killed in retaliatory firing. Police claimed recovery of 2 pistols and some live rounds of ammunitions from the dead bodies, it added.
Acting on a writ petition filed by the mother of the deceased, Soubam Radhe Devi, the High Court ordered an enquiry into the death of Baocha. Accordingly the District Judge Manipur east submitted its report saying that Soubam Baocha was arrested along with Salam Gurung by a combined team of Police Commando Imphal west and 23 AR on 28 December 2008. They were killed at the foothill of Huimei Ching in Imphal east District in a fake encounter case.
The High Court in its judgment ordered for payment of Rs. 5 lakh compensation to the petitioner within 4 months, it continued.

Training programme for Juvenile Police Units commences

IMPHAL, Sep 11: A three day Training Programme for the Juvenile Special Police Units of Imphal East and Imphal West commenced today at State Bal Bhawan, Khuman Lampak, Imphal.

The training programme is organised by the Department of Social Welfare under the sponsorship of the State Institute of Rural Development (SIRD).

The opening day of the three days training programme was attended by Joint Secretary of Social Welfare Department H Rupachandra Singh, Director of Social Welfare Department Dr Rangitabali Waikhom and Deputy Director of Social Welfare Department Th Joychandra Singh as the chief guest, president and guest of honour respectively.

While speaking as the chief guest of the function H Rupachandra said that the training programme has been organised to train the concerned authorities pertaining to the ways of treatment and reformation of the under 18 teens who have involved in criminal activities.

He further asserted that juvenile cases, in earlier days, were treated in the same way as any other adult or mature criminal cases. They were remanded in the same lockups where the adult criminals were remanded.

Treatment of juvenile cases like genuine criminal cases had led to destruction of children's career and life which could have been reformed.

Since the Juvenile Justice Act was passed by the Indian parliament, new provisions have been added to help juvenile accused through reformation and rehabilitation.

There were cases of child trafficking where children were rescued from Singapore and Bangalore who were taken there for employment in business establishments as labourers. Parents of these children were misguided by some NGOs or pseudo mission workers in the name of free education. The rescued children are being provided free education, note-books and school uniforms.

On the basis of the guidelines of the Juvenile Justice Act, if a child gets caught for his/her involvement in criminal cases, he /she would be kept under observation instead of cells or lockups so that the children can be reformed psychologically and bring back the wayward children to the mainstream, he added. While giving his presidential speech during the function, Th Joychandra Singh said that there are different provisions and special juvenile police units to tackle juvenile cases. It also helps the children who were involved in criminal activities to reform themselves, who would otherwise become real criminals.

Guest of honour of the function, Dr Rangitabali Waikhom said that the training programme has been organised specially for the Imphal East and West District Juvenile Police Units. The units have been established under the concerned district police stations on the basis of Juvenile Justice Act.

The setup has been established in each police stations to tackle selected juvenile cases.

The training programme has been organised to provide a safety net for such children by holding detailed discussions on the rules and objectives of the Juvenile Justice Act, she added.

During the technical session of the function, Programme Officer (CNCP) of State Child Protection Society, Sandhyarani Mangshatabam spoke on the Introduction of ICPS and its service delivery structures.

Also, president CORE, Debabrata Roy Laiphungbam spoke on Child Rights: UNCRC perspective and Human Defender Indigenous perspective while Nandini Thokchom spoke on Analysis of Children in Manipur.

Significantly Manipur has seen a number of crimes committed by minors in the last few years.

A number of crime committed by youngsters has been reported in the State dailies and many had expressed deep concern over the growing crime rate amongst minors.

One Day State level Consultation on POSCO Act & JJ System - 29th August 2014

Why children are picking up the gun in Manipur

98 fake encounter cases involve children as victims

IMPHAL, March 2: There are 1524 reported cases of fake encounters in Manipur pending in the Supreme Court, among which, 98 cases involved children below the age of 18, said president of the Manipur Alliance for Child Rights, K Pradeep Singh today addressing a one day consultation on “United Nations Convention on the Rights of the Child and the Armed Forces (Special Powers) Act, 1985.”

He further identified some of the child victims as Khoisnam Singhajit, 10 from Singjamei Makha Liwa Road; Kishankumar Sharma, 10, from Mandok Leikai Churachanpur; Master Raichuilung, 6 from Nugleiban village; Sadokpam Lakhikanta Singh, 13 from Mongsangei Arubam Leikai, etc.

The convention was held at the Kachikhul Community Hall, Imphal West organized by the Village Women Co-ordinating Committee (VWCOC), North East Dialogue Forum (NEDF), United NGO Mission Manipur (UNM-M), Kachikhul Women Development Association (KWDA), other women societies and youth clubs. 

In 2004 at Kangla, during his visit to the state capital, the country’s Prime Minister Dr Manmohan Singh had promised the people of the state that AFSPA will be replaced by a more favourable Act, Pradeep said.

“However, he is yet to fulfil his promise.”

President of Women Action for Development, Sobita Mangsatabam said in the Governor’s speech during the opening day of the ongoing 7th session of the 10th Manipur Legislative Assembly, Manipur Governor VK Duggal had observed that there are 60 insurgency groups in the state.

Citing that the number of insurgent groups in the state had increased only after the imposition of the act, she said AFSPA was imposed in Nagaland to control the NSCN, and a few years later it was imposed in the state.

At the time of the Act’s imposition in the state, there were only a few insurgency groups in the state, however, the numbers had increased only thereafter, she said questioning the need for the imposition of the Act in the state.

During the convention several testimonies on the impact of the dreaded AFSPA were also placed.

Kh Dilip Kumar a participant expressed that his brother Ajit Kumar was slain during a fake encounter by a team of Assam Rifles on February 14, 2004.

Police highlight 2013 achievements

Police highlight 2013 achievements

IMPHAL, December 31: While greeting the people of the state on the occasion of the New Year, the Manipur Police has also stated its achievements in the passing year.

According to a press statement of the PRO, Police department, Manipur, during the year 2013, Manipur Police in close coordination with other security forces deployed in the State, maintained law and order, besides prevention and detection of crime.

A total of 629 insurgents were arrested, while three were killed in encounters, it said.

The department also dispose of as many as 2304 (two thousand three hundred and four) cases from investigation including 259 (two hundred and fifty nine) cases by filing charge sheet in the jurisdictional courts, said the PRO police statement.

Other achievements of the department include 155 insurgents surrendering; 83 arms, 1334 ammunitions and 150 hand grenades seized, the statement said.

During 2013, one RDX; 10 IEDs; 4.5 kg of plastic explosives; 10 TNT of 5.25 kgs; 400 gms of explosive powder were also recovered/seized.

A total of Rs 14,28,585 was also recovered by the department during the year, said the statement.

Further according to the statement, utilisation of manpower was optimised by way of rationalisation of deployment to cover security of VIPs, important government offices, vital installations, public places to ensure their safety and security.

“Due to coordinated effort of police and SFs, as many as five valley based extremist groups and one hill based UG group signed MoU with government of India and government of Manipur during 2013.”

The MoUs involved “Home Coming” of nearly 400 insurgents along with surrender of huge number of arms and ammunition, it said.

“The subversive activities of both hill and valley based UG groups were under check. However, sporadic incidents involving misguided youth indulging in violence resulted in loss of life and damage to property”, it claimed.

Manipur Police on its own and in joint operations with security forces achieved spectacular success in containing the movement and activities of insurgents, said the PRO Police department said.

Further elaborating on the action taken up by the department, it said, “An action plan has been put in place to secure the Imphal Municipal areas from the activities of anti-social elements and subversive activities of insurgents.”

A round the clock security covers of all vulnerable areas of lmphal Municipality resulted in enhanced sense of security amongst the people, it said.

“Manipur Police achieved success in checking the menace of drugs by way of pro-active enforcement work.”

The concerted efforts resulted in seizure of large quantities of contraband drugs including 1.3 kgs of Heroin; 2300.605 kgs of Ganja; 49.65 kgs of Opium; 72 gms of Brown Sugar; 9134 strips and 305798 capsules of Spasmo Proxyvon; 4849 tablets of N-l 0 tablets; 2063 bottles of 100ml and 4.5 litres of cough syrups; 105 kgs, 178810 strips and 3728406 tablets of pseudoephedrine; 1142 tablets of Amphetamine tablets, said the statement.

“During the year, emphasis was laid on early detection and prosecution of offenders who indulged in commission of conventional crimes”, it further said.

The focused approach resulted in disposal of as many as 2304 (two thousand three hundred and four) cases from investigation including 259 (two hundred and fifty nine) cases by filing charge sheet in the jurisdictional courts, said the PRO police statement.

During the coming year, Manipur Police plans to modernise its functioning by enhancing mobility of the force, upgrading their striking capability with induction of sophisticated weapons, increasing the office space and housing satisfaction level of lower subordinates, procuring security gadgets to professionalise its working, it said.

Efforts are also on to upgrade the knowledge and skills of all field operatives including commandos by putting them through Refresher Training Courses, it said.

Manipur Police appeals to the members of public for their continued support and cooperation to enable it to fulfil its mandate in maintaining peace and tranquillity in the society, besides timely detection and prosecution of offenders, it said.

NHRC NOTICE to Manipur Government on allegations of severe irregularities in supply of Mid- day Meal

Complain register number – 32/14/0/2013 NHRC notice to Manipur Government on allegations of severe irregularities in supply of mid-day meal. New Delhi, 30th May, 2013 The National Human Rights Commission has issued a notice to the Chief Secretary, Manipur calling for a report on a complaint alleging severe irregularities in supply of mid-day meal in Government run schools. He has been given four weeks to respond. The Commission has given these directions after taking cognizance of a complaint filed by an NGO 'Wide Angle Social Development Organization' based in Manipur. It has requested a high level inquiry in the matter. Allegedly, the quantity of rice allocated for children under the scheme weighs less than the required quantity. Later, it is sold in the black market with the connivance of school authorities and the other agencies. The Complainant has also attached news clippings wherein the issue of corruption in implementation of mid-day meal scheme has been reported.

Jaipur Home case Teams visit Ukhrul

IMPHAL, Sep 8 : A team comprising of Tangkhul Shanao Long Delhi (TSLD), FXB India Suraksha, Naga Peoples' Movement for Human Rights (NPMHR), Indigenous Women Forum, North East India (IWFNEI) visited Ukhrul as a follow up of the 23 children rescued from Jaipur from two ‘illegal homes’ run by Pastor Jacob John and also from his house.

The team met the children, families, the Deputy Commissioner of Ukhrul, civil society organizations, CWC and authorities concerned.

Of the 53 children, 23 were from Manipur and they were handed over to the State Child Welfare Committee (CWC) on April 19. The children are currently under the care of the Ukhrul CWC and SSA and undergoing residential bridge course.

According to these organisations, they have found out that detail inquiry report of the child under JJ Rule 28(3); 33(3) (g) (ii) and (4)(f); 87 (1)(a) and (2) is yet to be finalized by the CWC Ukhrul. The report is an assessment of the family situation of the children in detail and to explain in writing whether it will be in the best interest of the child to restore them to their families, they added.

The organisations also found out that no plan is in place on how to make medical aid reach the kids once they are repatriated to their parents. The visiting team has also found out that the state authorities has not given any standard guidelines to deal with rescued children nor specified any budget towards this.

The Government despite their assurance has not considered the special circumstances and denied eligibility to pursue higher education for the senior children. The then Deputy Commissioner had written to the concern authority but the matter remains unaddressed till date. The team is disappointed at the irresponsibility and lack of commitment on the part of the Chief Minister and the Social Welfare Department in extending support that is due to the children, which was aggressively highlighted in the media in the initial period. Meanwhile, Tangkhul Shanao Long Delhi (TSLD), FXB India Suraksha, Naga Peoples Movement for Human Rights (NPMHR), Indigenous Women Forum, North East India (IWFNEI) have recommended that a thorough home investigation of each child be done at the earliest and based on the findings individual care plan for each before restoring them to their respective families. They also recommended that the rehabilitation plan must include all children who were in the same home but returned before the rescue owing to health problems. The list of the children has been submitted to the DC on 9th May by the Ukhrul District Alliance for Child Rights (UDACR) and on 6th June to Nina Nayak,NCPCR. These organisations demanded that s medical team be constituted and all the children be examined and given medical attention on time to time basis. The team further demanded that the State of Manipur need to immediately develop standard guidelines to deal with similar situation of rehabilitating the rescued children from different part of the state in consultation with different stakeholders. The state protection of child rights, Manipur should be pro actively engaged in safeguarding the rights of the children in compliance with ICPS, ICDS and RTE, they further demanded.

“As per the request made from ACP, Jaipur, Rajasthan and direction given by Session court Imphal to CJM Ukhrul to record the statement of the children under CRPC 164, there has been no progress in the matter. We demand for immediate action to be taken,” the team said.

The team then said the state should have a rigorous plan on prevention of child trafficking in close collaboration and consultation with stakeholders across the board and the state failed to comply with the honourable Supreme Court’s guidelines where children below the age of 12 should not go out for education. The state so far have no operational guidelines to check the incidence of children getting trafficked on the pretext of education, the team stated.

Calling attention to child trafficking

t is disheartening that there are not much serious steps being seen when it comes to addressing the growing number of child trafficking related cases in the state. The reports of such cases have been highlighted mainly due to the ground work of various non government organizations. Unfortunately, it is the Governmental agencies that are failing in its approach and commitment to the issue. Many of the reports emerging on child trafficking cases are only a fraction of the exact extent of the trafficking that originates from the state and are based on rescue efforts undertaken by various civil society groups and NGOs. In 2008 when the first cases of trafficking came to light, it was the NGOs that stepped in to repatriate young girls who had been trafficked out of the country. And even as there is an anti trafficking cell in the Social Welfare Department that is meant to take an initiative in trafficking related cases, there is still a lot to be desired, in terms of efforts and instituting mechanisms to intervene, rescue and repatriate, rehabilitate victims of trafficking for it is clear that Manipur is a soft target for children and youths to be taken away for various purposes. Children are the most vulnerable targets for trafficking as they can be easily lured away and then passed off for various purposes ranging from sex work to being used as beggars or as work force in what are known as sweat shops where they are made to put up with inhuman work conditions and shortchanged when it comes to their payment. Girls and young women who are trafficked are also increasingly found to be used as womb carriers to act as surrogate mothers in sex skewed parts of Northern India where female infanticide and foeticide has led to a near total absence of women in the general population.

The North Eastern region, but mostly Manipur, Assam and to some extent, Nagaland are prone to cases of trafficking. In Nagaland and Manipur, it is the fringe areas where the remoteness and the lack of equitable development yet again, but also the trust placed in community leaders lead to parents blindly believing the promises for a better life. The ethnic violence in the state in the 90’s, followed by the forced migration and displacement of people due to ‘development programs’ such as the construction of Mega dams and such to places alien to them created new situations and contexts where support systems for food, education, health and security were compromised but it was women and children who were most vulnerable and in need of special care and attention. The fall out of these circumstances in the state can be one major factor that has led to women and young girls taking up sex work, getting into drug use and abuse or involved as couriers, getting inducted into crimes or falling prey to trafficking. Even as there is still no strong police action being taken yet, non state forces are also encouraging trafficking of children through their acts of child soldier recruitment. In the first half of 2008, at least 20 children in the age group of 10 to 16 went missing from various parts of Manipur with the number of other reported cases increasing to near about 60. In the beginning, it was believed that the disappearances or abductions of the children could be related to trafficking but it emerged that most of the children were in the custody of armed groups. Yet again, the link to child trafficking emerged after it was found that the point persons who had taken the children away or made contact with the children were being paid money per child that they brought in to the fold.

And even as the ‘trafficking’ buzz gets generated when groups of children or young people are moved from the state to other states, not many are willing to take a serious look at the insidious nature of exploitation that is taking place: the practice of ‘employing’ minor children as house helps. Most people are all too willing to turn a blind eye and pass off the employ of minor children as a ‘parent approved’ exercise. The lack of Government and police action is all too visible in the number of children that one sees employed in hotels, workshops and as helpers on buses and trucks. The other reality of course, is that the more well to do families employ young children as helpers and pass it off as a means of helping poor families but the buck stops with the government agencies and its machinaries for it is responsible for the welfare and safety of children.

State Govt to deal child trafficking cases with firmer hand, greater intensity

HNS/Imphal, Sept 6: With a keen interest on controlling child trafficking cases, the State Government is all set to construct one Children Home each in six districts of the State at a total estimated cost of Rs 1080 lakhs to be sanctioned under the Special Plan Assistance (SPA).

According to a highly reliable source, the districts where children homes are to be set up under the Social Welfare Department included Ukhrul, Chandel, Senapati, Bishnupur and Thoubal.

The said amount of Rs1080 lakhs for the construction of the six children homes have been already sanctioned under SPA. Subsequently, the top officials of the Government instructed the Social Welfare Department to look for sites where the Children Homes are to be set up. The officials concerned have also been instructed to carry out land acquisition process if needed. Accordingly, the Social Welfare Department in collaboration with the District Social Welfare officers has started the required process for setting up the children homes.

The source further revealed that from the total cost to be incurred in the construction process, 10 percent will be borne by the State Government while the remaining 90 percent will be provided by the Centre. Since the share of the Centre has already been sanctioned, the process for sanctioning the State share is also underway.

It has also been informed that the victims of child trafficking, whose names have been recommended by the respective District Child Protection Committee will be accommodated in these children homes to be constructed newly in the six districts of the State.

India: Between a Rock and a Hard Place - Children In Confict

Wednesday, 4 September 2013, 3:25 pm
Press Release: Asian Legal Resource Centre

India: Between the Rock and a Hard Place - Children In Armed Conflict

1. India ratified the Convention on the Rights of the Child, in 1992 with a declaration on Article 32. It has ratified the two Optional Protocols to the Convention, on the Involvement of Children in Armed Conflict on 30 November 2005 and on Sale of Children, Child Prostitution, and Child Pornography on 16 August 2005. Yet, children in India face manifold forms of human rights abuses, most importantly in regions where armed conflicts exist, like in the north-eastern region of the country.

2. The north-eastern region of India, is comprised of eight states, Arunachal Pradesh; Assam; Meghalaya; Manipur; Mizoram; Nagaland; Sikkim; and Tripura. The region shares 90% of its border with Bhutan, China, Myanmar and Bangladesh and is connected to the rest of India with a 20-km-long strip of land known as the 'Chicken's Neck'. The region is home to an estimated 40 million people and comprises over 200 recognised ethnic, religious, and tribal groups.

3. Multiple conflicts - between armed insurgent groups and between some of these groups and the government - dominates the region since the last five decades. The government declared the region a 'disturbed area' in 1955, and it is renewed periodically until today invoking the provisions of the Disturbed Areas Act, 1955 and the Armed Forces (Special Powers) Act, 1958 (AFSPA).

4. The government's adoption of a military strategy to resist armed insurgency has highly militarised and kept the region underdeveloped. The security architecture in the region operates under a 'unified command structure' comprised of the army, paramilitary, and the civilian administration, where operational responsibility is with the army. An estimated total of 500,000 armed police and military groups are stationed in the region.

5. AFSPA provides statutory impunity to the state's armed units stationed in the region, including for the use of lethal force, the right to enter and search premises without a warrant, to detain and arrest suspects and to seize private property, all on mere suspicion. The Ministry of Home Affairs, in 2011, has admitted in its report that the prolonged armed conflict in the region has resulted in the formation of at least 79 armed insurgent groups (including their splinter factions).

6. The ensuing environment of violence has fostered the culture of unaccountability thus furthering large numbers of extrajudicial executions in the region, committed by both the state and non-state actors. The government admits that there are no exact figures available with the civil society or with the government regarding the number of lives lost in the region to extrajudicial executions undertaken by the state and non-state actors, including that of women and children.

7. The UN Special Rapporteur on extrajudicial, summary or arbitrary executions after visiting the region in 2012, expressed concern about this in his report. Others, including government-sponsored commissions that studied the effects of militarisation and the adverse impact of AFSPA in the region, share this concern. Of particular concern is the welfare of children, caught in this armed conflict, having denied adequate schooling, and having to live in an environment of deep psychological trauma, passed on over generations that has engulfed the region, arising out of violence.

8. The government on the contrary, has denied the existence of armed conflict in the country, in its report to the UN Child Rights Committee. This is enumerated in the state party report [CRC/C/93/Add.5, page 323] where the government elaborates on its commitment on the implementation of Article 38 of the Child Rights Convention. However, annual reports of the Ministry of Home Affairs repeatedly refer to conflicts between security forces and armed opposition groups in the country.

9. UN bodies have expressed concern about the armed conflict in north-eastern states. The Human Rights Committee has urged the government that the application of emergency provisions in the region to be closely monitored to ensure strict compliance of the ICCPR. CEDAW and CERD referring to the report of the Committee to Review the Armed Forces (Special Powers) Act (1958) set up by the Ministry of Home Affairs raised particular concerns about AFSPA, requesting the government to repeal it.

10. Extrajudicial execution committed by the security forces are commonly known as 'fake encounters' in India. In much of the cases documented, such encounters happen after an arbitrary detention of the victim. The number of such executions is so high, that today there are women groups in the region named 'gun widows'.

11. It is estimated, that every year, about 300 new women are widowed since 2008 in Manipur alone. The widows lack financial independence since most of them depended upon their husbands' income to run the family and to meet the needs of their children. This forces widowed mothers to let their children work, to fetch an income, than be at school. Child labour also poses additional threats to children like sexual exploitation and trafficking.

12. Disadvantaged communities hardly register births in their family and schooling is often a delayed decision. Often school enrolment certificates are used as the birth certificates in the region. Hence, in rural areas, such certificates do not represent the accurate age of the person. Such certificates are considered valid for recruitment in the army. Hence, it cannot be ruled out, that children from the region are not recruited in the armed forces.

13. Special security elite commando unit like the Naga Regiment is raised from the region. Recruitment to such units is used as inducement by the state to get local recruits into the armed forces. Additionally, the state also encourages recruitment from the 'surrendered militants' who often join a special force called Indian Reserve Battalion (IRB).

14. The insurgent groups forcibly draft children into their ranks. The state recruits many of these children into the armed forces, on the basis of the forged documents that show inflated age. Between 2005 and 2012, the government claims, that 7893 militants have surrendered. Given the facts on the ground, it is possible that a large proportion of them are recruited to the IRB, of which many could be children.

15. The state rewards officers who organise the surrendering of militants. It is a common practice in the region, that army or state government officers demanding bribes from civilians to 'organise' a surrender, in which civilians pretend to be surrendering militants and later recruited to the army. Large-scale unemployment, widespread corruption and the prevalent culture of non-accountability perpetuate this, and sadly, often children are recruited into the armed forces of the state.

16. Additionally, children are also recruited into local state forces as Special Police Officers (SPOs) under Section 17 of the Indian Police Act, 1861. This is a completely unmonitored process, where in fact families encourage children to apply for the job, since the job fetches income. Section 19 of the Act, render it a punishable offense, for anyone refusing the government's order to serve as an SPO. The recruitment, arms training and deployment of the SPOs is a debated subject, since the SPOs are not regular police officers. For all practical purposes, civilians are recruited, armed, and deployed to fight neighbours against neighbours.

17. Insurgent groups by force recruit children in the region. In 2008 January, the Nationalist Socialist Council of Nagaland (Khaplang), an insurgent group operating in the region, kidnapped 39 students from Tirap and Changlang districts of Arunachal Pradesh. Though 32 returned home, the rest are reportedly undergoing armed training in Myanmar.

18. Armed insurgent groups, like the Kangleipak Communist Party-Military Council (KCPMC), and Kanglei Yawol Kanna Lup (KYKL), both operating in Manipur, also forcibly recruit children to their armed units each year. According to the Manipur State Police sources, at least 66 children aged between 8 and 17, have been kidnapped and recruited as child soldiers by the rebels in Manipur in the past five years. The United Liberation Front of Assam (ULFA), an insurgent group operating in Assam, uses teenagers to ferry explosives and to detonate grenades. Cases of disappearances of children from the custody of the state security forces are also common.

19. Parents and guardians often refuse to report such recruitment fearing that the state will accuse them as anti-national elements. It is a common practice by the local authorities to detain torture and fabricate false charges against family members to force children recruited by the insurgent groups to surrender.

20. Those children, who are fortunate to be alive and not drafted by the armed groups, often have no school to attend. Available data on security personnel occupying school buildings as campuses in Tripura, a state where the government claims to have succeeded in countering insurgency is alarming. The government security forces occupy 21 schools and 14 other educational institutions as their temporary camps.

21. The presence of army in educational institutions and its premises is one of the causes for dropouts of female students. The school dropout rate in Tripura, particularly amongst tribal children, is alarmingly high, especially after primary schooling. The dropouts are obvious targets of insurgent groups for recruitment.

22. In all the eight states in the region, the dropout rate of children of age group 6-11 from school is 45.91% for boys and 44.87% for girls. This is way above the national average, which is 31.81% for boys and 25.42% for girls. For the age group 6-14, the dropout rate is even higher, with the rate of boys leaving school at 60.08% and girls at 59.32% by comparison to the national average 50.84%.

23. In addition, warring ethnic and political groups organise strikes affecting the mobility of children and often forced closure of schools. It is common in the region, for schools to remain closed for four to six months due to strikes.

24. Given the above, the Asian Legal Resource Centre (ALRC) urges the Human Rights Council to:

a. Engage in constructive dialogues with the Government of India to ensure that the government take all measures to reduce threats faced by children in conflict zones in India, and for the Council to spare no resources to assist state and civil society groups working on the issue in India;

b. Assist national bodies like the National Commission for Protection of Child Rights and similar State Commission to actively engage in the north-eastern region of India with a view to critically assess and effectively assist the government in protecting child rights;

c. Request the government to appreciate the urgent need for setting up child trauma counselling centres across the region, preferably in each district subdivision, so that children who suffer from direct and trans-generational trauma could seek and obtain assistance;

d. Request the government to reconsider immediately its policy of fighting dissent with military force, and at the very least to repeal the draconian legislation, the Armed Forces (Special Powers) Act 1958.

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About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.