HUMAN rights activists and some political parties, both in J and K and the North-East, have been demanding scrapping of the Armed Forces Special Powers Act (AFSPA). Under pressure from these groups, the government is considering removing or amending some of the provisions in the Act which are considered offensive. It is also being projected that of the 160-odd cases taken up for the prosecution of military personnel involved in human rights violations. The Government of India has not given sanction even in one case.
As a result of prolonged agitation in Manipur, the government appointed Justice Reddy Commission to examine the need for abrogating the AFSPA. The commission did recommend that the Act should be scrapped and in its place some provisions such as immunity to security personnel against arrest be incorporated in the Unlawful Activities Act. While these recommendation(s) were not accepted, the need for making the Act humane appeared acceptable. The Prime Minister announced this while speaking at a function at the Kalinga Fort in Imphal.
The AFSPA, was promulgated to combat Naga insurgency in the North-East more than half a century ago. Later, when insurgency surfaced in J and K, its application was extended to that state too. Causes of insurgency in the North-East lay in complex and intractable politico-socio-economic areas, which led to the feeling of alienation among the people of the region. The underlying causes for the insurgency in J and K are altogether of a different genre. When appropriate measures are not taken in time in a comprehensive and vigorous manner, disenchantment and disaffection can spread among most sections of society. Where terrain favours insurgency and outside help is at hand, the problem can take a virulent form, making the task of the security forces all the more difficult.
It is not to argue that there have been no human rights violations by security forces, but invariably the issues have been sensationalised out of proportion by the media, more so by TV channels. Intense competition among them adds urgency to such news. Added to this is the lack of knowledge and understanding of the very nature of the fight against a brutal insurgency. The vicious nature of counter-insurgency operations carried out by the Indian Army is best judged by the fact that it has lost over 560 officers and more than 8500 troops in these operations.
Two incidents, one from the North-East and another from J and K which received vide publicity, would make the issue of false propaganda apparent. It may be recalled that a few years ago the incident of death of Manorma coincided with the extension of the AFSPA in Manipur. Secessionist elements linking the two incidents levelled all manner of allegations against the military (Assam Rifles). Manorma was a PLA member involved in terrorist acts of laying IEDs (improvised explosive devices) spread over a period of two years, leading to the death of six civilians and two military personnel. At the time of her arrest, a transmitter and grenade were recovered from her. While two independent autopsies ruled out rape and torture, the charge of rape against the security personnel was persistently being made out in the media. The nature of her bullet injuries confirmed the escape story.
The second, an equally sensational case, relates to the death of two women at Shopian in J and K, which kicked up great uproar in the valley and saw political skullduggery of the worst kind. The charge of murder and rape was pinned on the security forces. Local doctors, who performed the initial autopsies, confirmed rape and murder. Yet when these bodies were exhumed and an independent group of doctors performed the second set of autopsies, murder and rape were ruled out and death was attributed to drowning. In J and K the causes of alleged disaffection are entirely political. It suits the political class and fundamentalist to sustain the climate of uncertainty, and some in Delhi too have vested interests in continuing with this state of affairs.
In an insurgency environment, miscreants and their sympathisers are always out to discredit the security forces and that way they give further boost to the alienation of the people by portraying security forces as oppressive and anti-people. Where the exchange of fire between the security forces and insurgents take place in populated areas, civilians do sometimes get in the line of fire. In such situations often the insurgents inflict casualties on innocents caught in the crossfire in the sure belief that the blame for such casualties will invariably be pinned on the security forces.
The military, when called upon to combat insurgency, does not have even police powers. Without the AFSPA the military would be rendered toothless. It would find itself dragged into unending litigation on often trumped-up charges. Since action against insurgents is carried out at the section/platoon and even company level, an alleged fake encounter or human rights violation, the case in a civil court will tie all of them up for years in legal battle: some as accused and others as witnesses. Faced with such a prospect, too much caution and prevarication will come into play and success will invariably elude the military.
In a counter-insurgency setting the environment is akin to a war zone, yet in the midst of own people where either one kills first or gets killed. When death lurks around every corner and is only one false step away and such a state prevails for long periods, it can turn men into monsters. It is only the iron discipline and effective leadership, which is up-front and shares the same set of dangers as the men, that retraint is exercised and excesses don’t take place.
Counter-insurgency operations are a messy affair and under certain circumstances, collateral damage is inevitable. Sometimes this can be due to the error of judgment and at other times because of the need for immediate elimination of insurgents. In an insurgency environment, the line between an insurgent and a peaceful citizen can be hazy, especially where intelligence is poor or faulty, which is often the case. An insurgent can just drop a weapon in a bush and pose as a peaceful citizen. Troops often face such dilemmas.
It would be incorrect to contend that troops never indulge in human rights violations. Though Indian troops are God-fearing, religious and refrain from inhuman acts, there have been a few cases of killings, torture and custodial deaths, both in the North-East and J and K. The military authorities do not accept the violation of human rights by their officers and troops even against insurgents. Every case of alleged violation of human rights is fully investigated through the military’s own internal mechanism. During the last 15 years, 1400 cases of violation of human rights were reported against the Army. From detailed investigations of these, it transpired that only 54 had some substance. This resulted in a large number of court-marshals where the punishment ranged from life imprisonment to termination of services. As many as 37 officers were punished.
Abrogating the AFSPA or removing some of its key provisions in an attempt to make it “humane” could place the security forces at a great disadvantage in their fight against a vicious insurgency. Any watering down of the Act will result in de-motivating the troops whose lawful actions may expose them to decades of litigation in civil courts. Violent nature of counter-insurgency operations, the Army’s own casualties and its action against those found violating human rights should give some comfort to the votaries of human rights. Human Rights activists target only the military. The nation should be aware of the sacrifices made by our troops daily to combat this scourge. Altering the basic structure of the AFSPA in an effort to make it “humane” will place the troops in a most unenviable position and will be a de-motivating factor in the fight against insurgency.
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