AFSPA is been viewed as draconian by many, even UN is stating it as a colonial era law. Why cant it be repealed? Although its vital for security. what about the human rights violations. What can be the possible way to attain a balance between security and democracy?

Only thing in the question 'even UN' What does it imply?

Sir, giving an impression that the UN is superior to our own Govt

As a society we need 'security' for normal living the only thing in AFSPA is that it is continuing for long. I understood that 'even UN' means generally the UN does not say such things but it has taken cognizance of this law in our country but the truth is UN has been telling such things about all countries.

AFSPA is not a normal law. It is only in 'disturbed area', but the disturbing factor is that it is continuing and we are not able to reduce the 'disturbed area'.

But sir at least the officials could be held accountable to some extent!! so that they may not take a life for granted?

the solution is reduce the 'disturbed area' or even make it 'zero'

Sir... pls correct me if I am wrong... The Human right activists are more concerned about the misuse of AFSPA rather than act per se... and its distinction of Use & Misuse

Why the human rights activist? every citizen must be concerned !! if you have a law it is going to be used  what is right or wrong is for the sides to decide

even the declaration of any area as "disturbed" cannot be subjected to judicial review.is it true sir?

nothing is above judicial review.

Only thing in this law is, it allows the army man to shoot the other fellow to death. In a country torn with war and tussles human rights cannot be guaranteed law and order leads to peace.

Sir regarding AFSPA .. Is there any case registered by judicial intervention/activism in regard to this act yet !!? On grounds of human rights

Under any act, If someone feels right to life is violated. He can approach court. Basically PIL is filed on violations of human rights. Courts can ask for investigation from an independent agency. Its a common affair in all such cases

NHRC will also take suo motto reviews on such issues. The cirumstances seen and the spirit of implementation is evaluated in such cases

They enjoy the immunity provisions know sir? still courts can intervene?

Courts can intervene because its the custodian of fundamental rights.  Fundamnetal rights gain over every other act

Sir, there is some provisions to make it diff from for other land laws on right to life.. can court intervene to make recommendations to take that provision out ?

Court's job is not to make recommendations court's remarks will be read by the executive

The law as such is not bad. since the disturbed area is continuing for a long period and yet to become undisturbed, there is a cause for serious concern

Yes  courts can. If any law is found to be violating tje basic principles of constitution . Its always contested. In tn recent act on land grabbing was challenged. Pota was challenged

Sir outcome of challenge might be anything right sir ?? remarks or recommendations ??

No recommendations in these things by courts. It’s upheld the law or strike it.

Judge's remarks are usually filled with suggestions and opinions and they are read by the executive (they sure act as recommendations). Court and departmental proceedings are two different ones.

Then how are the cases in courts affect the officials? i think thats the issue right sir?

There r two types of cases. When an fir is filed on a officer. Pending enquiry he will.not be promoted and not able 2 retire and will be suspended. In pil and all its for a direction. Its not a case. Its to register a case. Only when a fir is registerd it affects officers

Any official has to said to commit an offence..under AFSPA..if the military courts admits it as an offence.. then some actions cud be taken by them..right sir?

Yes, the action will be taken by the military court

that was my question sir...could the appeal in the ordinary court against such a person whose rights been violated is considered by the military court?

Depend, Case specific

Though nhrc can take suo motto..ppl can appeal in courts..military courts may r may not consider wat nhrc r courts say.. thats y there is a huge outcry..!! right sir?

Yes all are independent. C. Everything dependa on case to case. We cant generalise them. I think that much discussion is not necessary for our exams

The subject of the act: http://indianarmy.nic.in/Site/RTI/rti/MML/MML_VOLUME_3/CHAPTER__03/457.htm