Thursday 22 November 2018

Andaman and Nicobar islands- my initial comments on the recent incident

MY INITIAL COMMENTS ON THE KILLING OF A US CITIZEN REPORTEDLY BY THOSE OF AN ENDANGERED TRIBE IN THE ANDAMAN AND NICOBAR ISLANDS IN A PROHIBITED AREA:

1. India stands for the rule of law, there is no doubt that the Constitution of India is an exemplary one, and the system, overall, attempts to adhere to it to the best possible extent (ie., more than probably all other democracies of the free world)

2. The fundamental right to life is guaranteed to all citizens of India. As a part of the larger world community and united nations, we do uphold the concept of the Right to Life, and Human Rights for all humans.

3. According to our jurisprudence, an accused is treated as innocent until proven guilty.

4. If a killing has been committed by the endangered tribes in self-defence, this would be a valid legal defence for them.

5. In my OPINION, it would be open for the courts to determine the scope of self defence specifically, and restricted only to this geographical context.

5. I understand, from press reports, that an American citizen was reportedly killed by those of an isolated tribe, and that the victim was ferried there by other local people who are now accused of illegally facilitating access to the American youth who was said to be a preacher and traveller in general.

6. I am not aware of the exact ground situation, since I have never been to the Andamans, but this does cover my area of legal understanding, and I have been following an A&N e-group that covers administrative and environmental news regarding the Andaman and Nicobar islands in some detail. I've been reading the headlines, at least, and reports, occasionally, of this e-group for more than a decade, and so I believe I have some sense of what goes on on these islands off our immediate eastern coastline, many of which are inhabited by Oriya-speaking settlers of yore.

7. The speculation around the fact that the person was a preacher, and that this might have been the reason for the attack should not be overplayed until further investigation.

8. I would also be interested in knowing how unusual this fact/act of illegal intruding is, in these areas. However, I would discourage American investigators from attempting to bulldoze their way into prohibited areas, and to desist from misplaced retaliatory muscle-flexing, if any.

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