Tinkering with AFSPA will be dangerous
The political masters of this country are bent upon diluting the 52 years old time tested AFSPA. All for short term political gains.
OTHERS DAY a leading news paper of India on its front page had published a photograph showing an armed to the teeth paramilitary personnel using catapult to throw back the stones being pelted at the CRPF and their vehicles being burnt on the streets of Sopian town in J&K State. If this is how the vote bank oriented Indian Netas want to curb the mounting armed rebellion in various parts of the country then only God may help Mera Bharat Mahan. Now, it is the turn of the army. The political masters of this country are bent upon diluting the 52 years old time tested Armed Forces Special Powers Act (AFSPA). All for short term political gains. This is happening at a time when India’s 223 districts and 40000 square kilometer of area has been literally liberated by the Naxals, Pakistani ISI and Jehadis have openly joined hands to destabilize India and North East India is simmering with palpable discontent.
The paradox is that Jammu & Kashmir and Manipur, the two Indian states demanding this dilution, are the ones maximum affected by terror. It is this very act and the Army that has brought this terror level down to the acceptable limits. Our netas who want this dilution in the name of giving this Act a human face, a demand also shrilled by the Human Rights organizations of these states, are refusing to notice the truth that it is the separatists and terror organizations of these states that are the hidden face behind this demand.
The question which our Good Samaritan political masters must answer to the Indian public is that why should Army, an organization trained to shoot to kill an external enemy, be used against our own country men? If these countrymen of ours have been forced to take up arms against the State, it was because the Politicians and Babes refused to listen to their problems. It is the long time misgovernance; corruption and nepotism duly abetted by the insensitive Indian police having crossed all limits that have forced the aam admi to take up arms against the state. Now why do our Netas want to let loose Army against them? Our armchair intellectuals and human rights activists should be pondering on this issue.
Army is the last resort. If it fails then the country will break. Realizing this the Indian Parliament under the leadership of India’s greatest Prime minister Pandit Nehru, a world renowned democrat and statesman, passed this Armed Forces Special Powers Act in 1958. At that time there were no Jehadis, no Naxals, no human bombs and no AK-47 or AK-56 rifles. The destructive technology had also not developed to the level that a single terrorist could cause great collateral damage as they do now. Besides the only armed rebellion India faced was in Nagaland and Mizoram. Even Supreme Court of India has upheld this Act in their judgment on 27 Nov 1997.So why dilute now when law and order problems in the country have gone from bad to worse?
When the tall politicians of India of those days enacted this Act in Indian Parliament they never wanted this act to have human face. They desired this Act to be a deterrent. They were sure of their own governing capability and were confident that Army will seldom be required to work in internal security duties, this job being basically of Indian Police. Today, army is deployed in J&K, Manipur, Assam, and Nagaland. But for the resistance from Army, our current political class would have deployed them against Naxals also with no questions asked. No wonder they want this act to be diluted. After all the elections also have to be won, let country go to dogs.
The AFSPA allows army to fire upon and even cause death against any person working in contravention of law and order in an area declared disturbed by the state government. They can arrest any person without warrant but will have to hand over the same to police within 48 hours. They can destroy any arms dumps, terror training centers etc. No prosecution suit or legal proceedings can be initiated against Army Personnel without the sanction of the Central Government. These clauses irk the local politicians because unlike police, Army is not answerable to them.
Once this Act gets diluted the terror organizations will force the local population to launch false cases against the Army. With the way our judicial system functions, which Army Officer will like to get involved in the never ending judicial hearings? Thus defocused and demotivated the Army will also be another police force with no results. Answer does not lie in diluting this act. The need of the hour is to better train, equip and provide better leadership to the Indian police and Paramilitary forces and use only them in Internal Security duties. Army should be called in extreme conditions where there is no room forcivilian interface. The prolonged use of Army should be avoided at all costs. Instead give better governance a chance. The Indian Police reforms on the lines of Supreme Court directions of 2006 will pay better dividends. The time tested AFSPA-1958 does not require any tinkering and should be left alone.
When the tall politicians of India of those days enacted this Act in Indian Parliament they never wanted this act to have human face. They desired this Act to be a deterrent. They were sure of their own governing capability and were confident that Army will seldom be required to work in internal security duties, this job being basically of Indian Police. Today, army is deployed in J&K, Manipur, Assam, and Nagaland. But for the resistance from Army, our current political class would have deployed them against Naxals also with no questions asked. No wonder they want this act to be diluted. After all the elections also have to be won, let country go to dogs.
The AFSPA allows army to fire upon and even cause death against any person working in contravention of law and order in an area declared disturbed by the state government. They can arrest any person without warrant but will have to hand over the same to police within 48 hours. They can destroy any arms dumps, terror training centers etc. No prosecution suit or legal proceedings can be initiated against Army Personnel without the sanction of the Central Government. These clauses irk the local politicians because unlike police, Army is not answerable to them.
Once this Act gets diluted the terror organizations will force the local population to launch false cases against the Army. With the way our judicial system functions, which Army Officer will like to get involved in the never ending judicial hearings? Thus defocused and demotivated the Army will also be another police force with no results. Answer does not lie in diluting this act. The need of the hour is to better train, equip and provide better leadership to the Indian police and Paramilitary forces and use only them in Internal Security duties. Army should be called in extreme conditions where there is no room forcivilian interface. The prolonged use of Army should be avoided at all costs. Instead give better governance a chance. The Indian Police reforms on the lines of Supreme Court directions of 2006 will pay better dividends. The time tested AFSPA-1958 does not require any tinkering and should be left alone.
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