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| NC out to exploit Justice Verma committee's views on AFSPA | | Countering votaries of soft State | | Rustam
Jammu, Jan 24: NC leader and Jammu and Kashmir Chief Minister Omar Abdullah feels vindicated after Justice JS Verma committee, set up by the Government of India to look into laws concerning sexual crimes following heinous gang-rape of a young girl in Delhi on December 16, submitted its report to the Union Home Ministry. Justice Verma committee submitted its report yesterday and, among other things, recommended a review of the Armed Forces Special Powers Act (AFSPA). The 3-member committee, which also included Justice (Retd) Leila Seth and senior advocate Gopal Subramaniam, in its report suggested that the "armed forces should be brought under the purview of a common law while operating in conflict zones" like Jammu and Kashmir and north-eastern States. "Sexual offences by armed forces and uniformed men in conflict areas should be brought under ordinary criminal law," the report said. "There's an imminent need to review the continuance of AFSPA in areas as soon as possible," Subramaniam said, adding "mechanisms need to be put in place to take action against military and paramilitary forces in conflict zones". The committee made this recommendation after being convinced that there were cases of rape and molestation in which some soldiers and paramilitary personnel were allegedly involved and they escaped punishment because of the application of the AFSPA in what the committee termed as "conflict zones". It is for the Army to defend its stand on the legislation under attack and it will surely do that, as it needs legal immunity while fighting out the scourge of terrorism and separatists. It is quite capable of holding its own against those who want India to become a soft State. The Army has acted against those who committed sexual crimes.
As expected, the Justice Verma committee's adverse comments of the AFSPA gave an impetus to the demand in Kashmir for revocation or withdrawal of this legislation. It was none other than Chief Minister Omar Abdullah who was the first to express his happiness over the Justice Verma committee's recommendation. In fact, he took no time to express his happiness and suggest that he would propose an all-party meeting to discuss the recommendation as contained in Justice Verma committee's report and see to it that they are implemented in Jammu & Kashmir. "Very impressed with the Justice Verma committee report recommendations. Now for the tough part - implementation", he wrote on micro-blogging website twitter. "Glad to see he has recommended amending AFSPA to ensure sexual crimes are punished without special sanction. Hope this is implemented", he wrote adding that "Parliament will do what it has to but I promise the people of J&K that we will look at the Verma committee report with all seriousness". "I will propose an all-party meeting to discuss the recommendations so that as many as possible are implemented at the earliest in JK", he wrote in another tweet.
The Chief Minister will be within his right to convene an all-party meet to discuss the feasibility or otherwise of AFSPA. Let him convene one. But one thing is clear: He will not be able to evolve a consensus on the issue, as there will be parties in the meeting which would surely reject outrightly the demand seeking withdrawal of the AFSPA for right reasons. It would be better if he recognizes the ground realities, including the reality that the situation in the State continues to be volatile, and act accordingly. The best thing for him to do would be to hold an all-party meeting to discuss the circumstances which led to the rise of secessionism in Kashmir, as also the circumstances responsible for the application of the AFSPA in the State. Such an exercise is a must. It was not without reasons that the AFSPA was introduced in the State and the situation as it exists in various parts of the State does suggest that the Army and paramilitary forces involved in anti-insurgency operations do need legal protection without which their anti-insurgency operations would be hampered. |
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