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| EXCIGENCY OF THE ACT MOST UNWANTED IN J&K | | | Col J P Singh | 8/31/2010 12:00:17 AM |
| Hurriyat & PDP raised their voices louder after Omar became CM for the repeal of Armed Forces Special Powers Act (AFSPA) and withdrawal of army from the valley. To out do his political rivals, Omar even went a step ahead and started criticising security forces for committing excesses followed by FIRs and arrest of army and para military officials. On his demand for repeal / dilution of AFSPA, the issue is under consideration of the cabinet committee on security (CCS) despite disagreement of Defence Minister and Army Chief. During the all parties meet on 10 August, PM said “we understand prevailing public sentiment on the issue of AFSPA. Eventually the J&K police has to take on the burden of normal law and order duties. They do not require special powers to discharge their function. We will help to accelerate the process of strengthening and expanding J&K Police so that they can function independently and effectively within the shortest possible time” Earlier it happens the better it would be for the army”.
A F S P A was passed by Parliament on 11 September 1958 to provide special powers to Army to facilitate their speedy actions in counter insurgency operations (CI ops). Of late it is being called ‘Draconian Law’ and there is a demand for its repeal by the C M, senior bureaucrats, separatists & PDP in J&K and some human rights activists elsewhwere. It is therefore essential to know thread ware as to what this law is all about. It gives precisely the following powers to the army :- (i) arrest of a person without warrant who has committed an offence or is suspected of having done so. (ii) search of premises of any person to make such arrests. (iii) destroy illegal arms, ammunition and explosive dumps likely to be used against the govt / public. (iv) fire or use any other force when necessary against any person, even if it may cause death; who is acting in contravention of law or is in illegal possession of deadly weapon or against an unlawful assembly if it does not disperse on such warning. The policy of the govt is that before a state calls army for CI ops, it must declare the area as disturbed and invoke AFSPA. In J&K the AFSPA was invoked in 1990. However there is no blanket impunity from the law of the land because of a caveat that the army personnel can be prosecuted with the sanction of central govt if their actions warrant it. Moreover a person arrested by the army has to be handed over to civil police earliest possible.
The insurgents today are heavily armed with most sophisticated weapons, rockets and missiles. They are well trained, in certain cases better than our forces. Their motivation is very high. They attack speedily and swiftly, commit heinous crimes and disappear to resurface else where to commit similar crimes. They intimidate locals, commit extortions, use their premises to hide and operate, exploit them religiously, use them as human shields, distribute drugs and counterfeit currency and commit most heinous crimes against women. To counter this, security forces too have to act cunningly, stealthily and swiftly without fear or frenzy. The fact remains, as personally experienced in CI ops in NE and Sri Lanka that human rights do get trampled unintended in swift CI ops. On the contrary police forces which deal with routine law and order problems have the guaranteed legal safe guards. Since the Army was organized to fight the external enemies, it was not given such safe guards. Hence a law was enacted.
When militancy engulfed valley in 1990s; army was called for CI ops and the act was invoked. Slowly and steadily entire state became victim of militancy and additional army and Rashtriya Rifles were deployed. Entire state was declared disturbed and AFSPA invoked progressively as the militancy kept spreading. The situation had deteriorated to such an extent that police power and civil administration had become defunct in places away from District HQs. That is why army was requisitioned by the State govt. Army did not come to civil areas of its own and does not wish to be employed in policing the civil areas in the valley. Army in any case does not operate independent of civil authorities wherever it may be. A magistrate and police personnel accompany the army in all operations.
Omar has publicly stated that army uses this act to commit excesses. Present stand off is to the extent that any use of force even in self defence is not only frowned at but is publicly criticised by saying that the security forces have gone out of control. Govt and media have started seeing security forces as villains of peace and responsible for all the ills in the valley. There are certain hot beds of terrorism in the valley where even when a terrorist is killed, the locals rise in protest, fight to retaliate and shout anti India slogans, forcing authorities to impose curfews. They violate curfews, pelt stones, put govt property on fire inviting retaliation and the vicious circle continues. The critics of AFSPA must be feeling elated over PM’s assurances that the law will be revisited.
This Act has been in force in the NE for over 50 years because it is essential for anti insurgency operations. Naga, Mizo, Manipuri or Assamese leadership never demanded its repeal or dilution. In J&K it appears to be sought for narrow political gains. J&K is an integral part of Indian Union because of the army and will remain so not because of the politicians. Army neutralised insurgency in NE, Punjab and J&K because of AFSPA. Let it be understood unambiguously that AFSPA is not a licence to kill. This is just an enabling provision to help army in conducting CI ops speedily without going through the police procedures / practices of obtaining arrest / search warrants, pasting them at the doors, allowing court stay orders, waiting surrender, receiving calls of high ups not to arrest / search being some body’s voter / constituency by which time terrorists would commit heinous crimes and escape. Indian Army is 100 percent apolitical and disciplined. It holds moral values to a high esteem. It acts fairly and squarely as per the standard operating procedures. It nurtures no biases or ill will. Ours is indeed a public friendly army. Yeomen services of the army in Snow Sunami and other unfortunate natural calamities such as in Leh are well known. Army in fact is an asset at the disposal of state govt. Its contributions in Sadhbhavna and natural calamities is note worthy. Army pays 12.5 percent VAT in CSD Canteens ( exempt in other states ) which boosts financial capacity of the state. It is surprising to hear demand of withdrawal of army from CM despite all this.
Kidnapping of no less than the daughter of Union Home Minister, killing of eminent persons in London & valley, blast in DGP office in Srinagar on 24 Jan 1992, severely injuring Mr Saxena, DG & other top Cops and blast in MAM Stadium Jammu during RD parade 1995 targeting Governor are some of the heinous crimes of militants. By intimidation and unprecedented killings they paralysed govt and inflicted mass migration of Kashmiri Pandits and have started threatening Sikhs. Attacks on Parliament, State Assembly, govt offices, temples, army and police posts, hijacking, destruction of infrastructure and siege of Hazaratbal Mosque were direct challenges to the sovereignty of the nation. The havoc caused by militants may not be known to Omar and Dr. Manmohan Singh. They need to be told of unprecedented deaths of army personnel in CI ops, IED blasts, ambushes and suicide attacks. Normalcy during last election springing Omar to power was the result of sacrifices of army, security forces and nationalist civilians. Balidan Stambh at Jammu has it all.
Even those opposed to repeal must know that even a small unintentional mistake causing death of an innocent person may cause unprecedented harm to the process of restoration of normalcy and credibility of the army. Many innocent lives have been lost in the past and are regrettable. Strict disciplinary actions have been taken and severe punishments given by the army; some even handed over to civil authorities for trial. Whatever be the security compulsions draconian laws cannot be justified in a democracy / decent society but luckily AFSPA is not a draconian law like TADA. It is a normal act giving only a few special powers to the army to enable it to operate speedily to restore a situation. CM has done well by categorically ruling out revoking AFSPA in the near future. Any step in the national interest, i e, repealing or retaining AFSPA (amendments apart) must be clarified soon by Delhi also to avoid confusion in the minds of public and security forces. General feeling of the public is that Status Quo must be maintained so long as threat of terrorism from across the borders remains and armed militants prevail among agitators. Sri Lanka did not repeal, dilute or modify their Acts or powers to achieve their aim to keep the country together. Great American President Abraham Lincoln is known for what he did for the unification of America.
The worst sufferer in this agitation is ordinary Kashmiri. He is virtually living under the shadow of the gun. He is unnecessarily involved in love hate relationship. He can’t fight the agitators, separatists or the militants hence submits. He sees govt appealing & appeasing them and their patrons. He also sees his own political leaders heavily protected round the clock and alienated. Therefore an ordinary Kashmiri is caught between the devil and the deep sea. He is helpless. He is waiting for a messiah of peace (other than packages, security forces & AFSPA) to rid him of the evil; which Pakistan certainly cannot be because all his ills are Pak created. Perhaps there is an opportunity for India to carve a new path on its democratic, secular and pluralistic turf.
Some people spend entire life time wondering if they made a difference in the world. Luckily our soldiers do not have that problem.
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