AFSPA in Kashmir Review the Act, don’t dilute it

THE disconcerting chorus from the Kashmir valley for the withdrawal of the Armed Forces Special Powers Act (AFSPA), or diluting some of its allegedly draconian provisions, calls for a closer scrutiny. It is certainly a matter of concern that the demand, which is at the core of the seperatists’ agenda, has been co-opted by not only the main opposition party in the state, the PDP, but also by the Chief Minister, Mr Omar Abdullah. Both the mainstream parties, the National Conference and the PDP, seem to be vying with each other to take the credit as and when the Act is partially or fully withdrawn from the state. There is thus a remarkable convergence of views on the AFSPA between hardliners like Syed Ali Shah Geelani and moderates like Mirwaiz Umar Farooq on the one hand and between Ms Mehbooba Mufti and the Chief Minister on the other. All of them now say that some dramatic concessions on the AFSPA must be made before peace is restored and dialogue resumes in the valley.

The AFSPA can, however, be withdrawn from the state only if the government withdraws the “disturbed area” tag from it. Given the current situation in the state, it will be foolish to do any such thing. And as for diluting its provisions, only Parliament has the authority to do so. With most political parties in Parliament firmly opposed to any dilution in the Act, it again appears an unlikely possibility. More importantly, the demand appears designed to deflect attention from core issues. The Army, for example, has played no role whatsoever in the disturbances which have rocked the state in recent months. Indeed, the Army has been involved in only one or two clashes in the cities during this period. Most of the time it was the state police and paramilitary forces, to whom the AFSPA does not apply, which opened fire on stone-pelting mobs.

No decision on the AFSPA should, therefore, be taken in haste or on emotional or political grounds. While the armed forces must ensure zero tolerance to the abuse of the Act, the state government cannot allow the street and the Hurriyat to set the political agenda. It must address the governance deficit and trust deficit that precipitated the crisis in the first place and stop using the AFSPA as a pretext for its inaction.

Source : The Tribune - 22 Sept -2010