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AFSPA - Its continuance is must
5/29/2016 9:51:13 PM
R.B. Suri

If Union Government wants really that Kashmir should remain with it , the continuance of Armed Forces Special Powers Act in the state particularly the valley is must. One cannot think of saying good bye to it . Political personalities of the Kashmir centric parties are crying for the revocation of AFSPA from the state time and again.
To sail with it or to revoke it , the final say of the military heads of the country is must as the armed forces of the country has already made the big sacrifices to curb the military intrusions in the valley and killed the huge number of local militants as also the militants from the foreign origin since the eruption of the militancy in 1989 in the state of Jammu and Kashmir . With the heavy mind , the then Rulers of the state especially the Governors of the state opted for the continuance of AFSPA in the state.
From the Document-"Agenda of Alliance"(AOA) I am reproducing the relevant para under the caption - "Security Matters " in verbatim where under a reference has been made therein about AFSPA (in italics)
"The situation in the State has improved vastly and to build greater public confidence in its sustainability, people of the State must be able to get the peace and normalcy dividend . In this context , the Coalition Government will thoroughly review the security situation in the state with a view to examine the need and desirability of all the special laws being applied to the State in view of the situation which is improving . While both parties have historically held a different view on the Armed Forces Special Powers Act ( AFSPA) and the need for it in the State at present as part of the agenda for governance of the alliance , the Coalition Government will examine the need for de notifying disturbed areas . This, as a consequence , would enable the Union Government to take a final view on the continuation of AFSPA in these areas . All lands other than those given to the security forces on the basis of lease , license and acquisition under the provisions of the Land Acquisition Act shall be returned to the rightful legal owners , except in a situation where the retaining the lands is absolutely imperative in view of a specific security requirement . in any case monetary remuneration , be it in the form of rents or compensation should be made fairly at market rates ."
Actually, AOA came into operation from March last year after the Coalition Government came into being which came to an end with the untimely and sudden death of the Chief Minister Mufti Mohammed Sayeed on January 7 this year. Mehbooba Mufti succeeded her father Mufti Sahib on April 4 this year and once again this AOA came in operation and is the very base for running the Coalition Government in the state in alliance with BJP . Every now and then , the valley is witnessing incidence of militants intrusions and encounters which have been increased these days tremendously .
With having AFSPA at the moment the Law and order situation in the valley is disturbing -- What will happen if the State Government will revoke the same ? The Military Generals of the country are for the continuation of AFSPA in the valley at any cost if the Government of India wants to retain the J&K with it at all costs . Not only this, the Defence Minister of the country Manohar Parrikar made it finally clear that AFSPA will not be lifted from the state in the near future . It will go as it is . He made it amply clear and put the record straight that Army needs AFSPA in J&K. This is a sort of slap on the face of the Separatists and the political organizations who want the immediate revocation of AFSPA from the state . He has virtually ruled out the withdrawal of AFSPA from J&K in near future thereby saying that the Act in question , is needed much as long as Army is involved in countering the insurgency operations though any decision in this regard will be taken by the Ministry of Home Affairs .
He quoted , " My department's role comes into picture when Army is asked to proceed and act in the civilian areas . We require the said Act when Army is asked to operate in civil areas . When the Lok Sabha and State Assembly elections were conducted smoothly in the state in 2014 , there existed improved security situation vastly. That was why a mention was made in the AOA document about " Improved situation vastly. " But regretfully it is mentioned that these days the violence incidences created by the militants are on the increase which do not allow the revocation of AFSPA from the valley in near future.
Prior to coming into power Mehbooba Mufti put certain CBMs (inclusive of revocation of AFSPA) before the Indian Prime Minister Narender Modi for consideration. Both met at New Delhi and discussed the CBMs and after their meeting, none came forward in telling the details to the media. Subsequently, Mehbooba Mufti took the oath as the Chief Minister of the state on April 4 and still she is heading the Coalition Government in an alliance with BJP.
AFSPA created a dent in maintaining the law and order situation in the valley . The security forces of the country succeeded in establishing the authority of the State Government duly elected by the electorates of the state . Every State Government in the past could play its role effectively because of this Act as the Army contributed a lot in extending its all out support to the Civil Government from time to time particularly in the valley. Separatists and the seditionists remained under check and control always as they could not succeed in their nefarious designs and mission. Under the prevalent circumstances, the continuation of AFSPA is must.
Without it, the civil government cannot perform its role effectively. Therefore it becomes mandatory on the part of the Central Government to retain it in the interests of the nation and the State as well. Political leaders for their narrow considerations should not underestimate the impact of this Act.
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