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Section 4 (d): Power to search and seizure without warrant: The property or the arms, ammunition, seized during the course of search and seizure be handed over to officer in charge of the nearest police station together with a report of the circumstances occasioning such search and seizure; Cordon and search operation of villages should be undertaken with civil police including women police and a report be made to the police station;
Gaonburas (village headmen) must accompany armed forces and the police while conducting a cordon and search operation; After every cordon and search operation, the Gaonburas shall give testimony to the nearest judicial magistrate of the state, without the presence of civil police and armed forces, as to whether there were any violations during the operation. The statement shall not subject him/her to, or be used against him/her in, any civil or criminal proceeding and it shall be mandatory for the armed forces to take the Gaonburas to the nearest police station to ensure that civil police accompany him/her to the magistrate to record the statement.
Section 6: Impunity to the armed forces: The supremacy of the judiciary must be upheld and the requirement of governmental sanction for civil proceedings be abolished and be left to the courts to decide whether proceedings are vexatious or abusive; Any armed forces personnel who does not follow the procedure established for maintenance of public order, arrest, search and seizure shall be punishable with imprisonment which may extend to two years, or with fine, or with both; In the event of not following the procedure pertaining to maintenance of public order, arrest, search and seizure, the court may award such compensation as it deems fit to the person, so proceeded against and it shall be paid by the officer, person, authority or Government, as may be specified in the order.
Section 7: Juvenile Justice and AFSPA: A new clause be included to uphold the supremacy of the Juvenile Justice (Care and Protection) Act, 2000 over the Armed Forces Special Powers Act, 1958 and ensure its full enforcement.
Section 9: Applicable International Law in Armed Conflicts: The international humanitarian law is applicable to the armed conflicts situations, where the AFSPA is imposed, is found in Article 3 common to the four Geneva Conventions of August 12, 1949- known as ?Common Article 3?. Common Article 3 provides that:
(1) Persons taking no active part in hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on the basis on race, colour, religion or faith, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and persons, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by the civilized people.
2. The wounded and sick shall be collected and cared for.
Persons protected by Common Article 3 of the Geneva Convention include all noncombatants, even if they have provided food, shelter or other partisan support to one side or the other, and members of the armed forces of either side who are in custody, are wounded or are otherwise hors de combat. If under these circumstances, such persons are summarily executed or die as a result of torture, their deaths tantamount to murder.
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