The Konyak tribe is the largest in Nagaland, a state in Northeast India. The Konyaks also reside in parts of Arunachal Pradesh, Assam, and Myanmar. The word ‘Konyak’ is believed to have been derived from ‘Whao,’ meaning ‘head’ and ‘Nyak,’ meaning ‘black’ – thus translating to ‘men with black hair’. The Konyak community can be broadly classified into two groups – ‘Thendu’ or the ‘Tattooed Face’ and ‘Thentho,’ meaning the ‘White face’.
Habitat and Culture
Predominantly residing in the Mon district, also referred to as ‘The Land of The Anghs’, the Konyaks are also found in parts of Arunachal Pradesh, where they are known as ‘Wanchos.’ It’s evident that the Noctes and Tangsa tribes of Arunachal Pradesh are closely related to them, culturally and linguistically. The Konyaks celebrate three main festivals every year: Aolingmonyu, Aonyimo, and Laoun-ongmo, all of which revolve around their agricultural activities.
The Armed Forces (Special Powers) Act, 1958: Background
The AFSPA is a reincarnation of a British-era legislation enacted to suppress protests during the Quit India movement. Initially introduced as four ordinances in 1947, it was later replaced by an Act in 1948. The updated version, known as the Armed Forces (Assam and Manipur) Special Powers Act, 1958, has been extended to other states including Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland.
Key Characteristics of the Act
The Act gives the armed forces and central armed police forces deployed in ‘disturbed areas’ extensive rights, including the power to kill anyone contravening the law, arrest and search any premises without a warrant, and protection from lawsuits. The Act was first effective in 1958 in response to the uprising in Naga Hills and later, the insurgency in Assam.
What constitutes a ‘Disturbed Area’?
The Act was modified in 1972, assigning the power to declare an area as ‘disturbed’ both to the Central and State governments. These notifications are issued periodically by the Union Home Ministry for Nagaland and Arunachal Pradesh, and by State Governments for Manipur and Assam.
Controversy Surrounding the Act
The AFSPA has been under scrutiny due to allegations of human rights violations. Critics argue that it gives excessive power to non-commissioned officers, enabling them to use force up to the point of causing death, enter premises without a warrant, and perform searches. This power has triggered accusations of fake encounters and other human rights abuses by security forces, particularly in Nagaland and Jammu & Kashmir.
Recommendations of Committees and Courts
In 2004, the Central Government set up a committee under Justice B P Jeevan Reddy to review the Act in northeastern states. The committee recommended the repeal of AFSPA, suggesting its provisions be inserted into the Unlawful Activities (Prevention) Act, 1967 instead. In 1998, the Supreme Court upheld the constitutionality of AFSPA but recommended that the state government should be consulted before declaring an area as disturbed.
The Way Forward
The government needs to rethink the imposition of AFSPA due to numerous incidents of human rights violations. It has become a symbol of oppression where it has been enacted. The government should consider the imposition and lifting of AFSPA on a case-by-case basis and limit its application to only a few disturbing districts instead of the whole state. It should also follow the guidelines issued by the Supreme Court, Jeevan Reddy Commission, and the National Human Rights Commission.
