Political Diary
New Delhi, 12 July 2016
AFSPA Controversy
HAS SC JUMPED THE
GUN?
By Poonam I Kaushish
Excerpt from an SMS reads: “Save State,
save identity. Let us take oath, to wipe out the Army.” Welcome to the Gen Next
version of militancy. Clearly, the chickens have come home to roost in distant
Manipur last week. Tragically, exposing the Centre’s tenuous links with the
North-East!
Notably, the Supreme Court made
plain its annoyance with the situation in the State and stated that indefinite
deployment of armed forces in the name of restoring normalcy under Armed Forces
Special Powers Act (AFSPA) “would mock at our democratic process”, apart from
symbolising a failure of the civil administration and the armed forces.
Adding, “Merely because a person is
carrying arms in a prohibited area, he or she becomes an enemy or an active
member of a banned or unlawful organisation... Before a person can be branded a
dreaded criminal or a terrorist or insurgent, it should be thoroughly enquired
into to address allegations of use of excessive or retaliatory force beyond the
call of duty.”
Throwing out the Government’s
argument that lack of immunity from prosecution would have a demoralising
impact on the security forces, the Court asked the Centre to spare a thought
for the “equally unsettling and demoralising” picture of a citizen living under
the fear of the gun in a democracy.
Further, the judges were critical of
continuation of AFSPA in Manipur since 1958, reminding the Central and State
Governments that the purpose behind deployment of Armed Forces was to ensure
normalcy would be restored within a reasonable period. “Normalcy not being
restored cannot be a fig leaf for prolonged, permanent or indefinite deployment
of the armed forces…as it would mock at our democratic process”, it said.
Predictably, the two judge Bench
verdict has sent cheer to the hundreds of families which went to court
demanding a probe by a Special Investigation Team into 1,528 cases of alleged
fake encounters involving the Army and the police. Even as it left red faces in
the Establishment.
Raising
a moot point: Should the (AFSPA) be withdrawn from Manipur where it has created
social disharmonies affecting women and students? Can the Centre afford to take
the risk of doing so? What will the Union and
the State Government do to change the political landscape? How much more blood
must be spilled before the Centre takes the required action on the ground?
Knee-jerk reactions might attract headlines but can they really solve the
problem?
All
know the root cause of the problem is the indefinite continuation of AFSPA, the
alleged ‘fake killing along-with the ongoing hunger strike by Chanu Sharmila
since 2000 demanding its repeal, underlines the deep resentment against
security forces who are often accused of extortion, arrests, torture and
killing in cold blood. Adding to its woes is its political insignificance, only
two MPs in the Lok Sabha.
Undeniably,
revoking AFSPA from areas under Army operations would be akin to fighting
insurgency with one’s hands tied. Moreover, by depriving troops of the immunity
offered by the special laws it would sap their morale and impair operations.
Remember, in 2004 AFSPA was lifted in Manipur but instead of reducing violence
it aggravated it, resulting in its re-imposition.
Pertinently,
the judges need to realize that AFSPA passed by Parliament on 11 September 1958
conferred special powers to the armed forces in “disturbed areas” in Arunachal, Assam,
Manipur, Meghalaya, Mizoram, Nagaland and Tripura and was extended to J&K
in July 1990.
Whereby,
it empowers State Governments to declare a state of emergency, allows security
forces to arrest people without a warrant in areas declared “disturbed”, shoot
at sight even killing a person acting in contravention of any law" and
gives security forces legal immunity for their actions, no prosecution or suit.
Besides,
the State police might find it difficult to control things on its own. In that
event the Army might not venture into areas where AFSPA is not in force, even
in the event of a sudden spurt in violence. Also, in any anti-terrorist
operation the world over commoners might become collateral damage. That is the
price one has to pay for safety and peace.
Compounding
matters, various insurgent groups force locals to pay extortion money
repeatedly, leading to massive unemployment. Consequently, many go underground
and get remunerative “jobs” in any of the nearly 15 insurgent groups operating
in the State.
Recall
2006. In a shocking revelation, the then Army Chief Gen JJ Singh complained to
then Home Minister Shivraj Patil that nearly six Manipur Ministers were hand in
glove with the militants from NCN(K), PLA et al. Not only that. The Chief
Minister Okaram Ibobi too had allegedly paid Rs 1 crore extortion money to militant
outfits. Endorsed by a Nagaland Governor who told me that he was asked to cough
up Rs one crore extortion money!
Plainly,
with this scale of militant appeasement the North-East is up for grabs to the
highest bidder. So, if politicians and militants are hand in glove, where does
one go from here?
“We
are sitting on top of a volcano which can erupt anytime. We have evidence of
Central funds disbursed to the State Government for fighting militancy and
development of the region being funneled to these militant outfits for buying
weapons and ammunition. We are aware that about fifty per cent of the doles go
to line the insurgents’ pockets,” stated an intelligence official.
Trails
of new extortion rackets running into hundreds of crores by insurgents and
recovery of huge cash stockpiles being used to recruit fresh cadre and for
procuring new advanced weapons have added dangerous portends to the problem.
Not
only that. For the first time heavier weapons like AK-56 assault rifles,
imported hand grenades, large quantities of RDX and other explosives have been
recovered. Chinese weapons and even some US
arms are finding their way to these cadres through Bangladesh
and Myanmar.
All
in all we need to realize remember that the Armed Forces are operating in a highly
hostile environment as well as for counter-insurgency and counter-terrorist
operations in the hinterland. In carrying out their duties the security forces
need to ensure minimum collateral damage and safeguard human rights violations.
Against
the backdrop of these operational constraints, the defence personnel require
the full backing and support of the Government. Along-with the necessary powers
and legal support to avoid any legal actions.
What
next? Will the Government dispense with AFPSA? Is it willing to acknowledge
without any sugar-coating that a grave problem exists before it can decide on
the cure? New Delhi
needs a reality check. The time has come for the Centre and States to think
out-of-the-box.
The
need of the hour is to understand the seriousness and set up time-bound
measures. Less of political romanticism and more of practical calculations.
Ultimately, we will have to go by the wisdom of UNESCO’s basic tenet: “Since
wars begin in the minds of men, it is in the minds of men that the defence of
peace must be constructed”. ------ INFA
(Copyright, India News and Feature Alliance)
|