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| Amend AFSPA on a limited scale | | | If Justice Verma committee,that had been set
up for recommending measures for dealing
with rapists and others who indulge in sexual harassment and assault on women by way of suggestng the nature of punishment,has,besides recommending life imprisonment for rapists,suggested amendment to the AFSPA that is in force in various terrorist infested states,including Jammu and Kashmir.He has emphasised the need for reviewing the continuance of AFSPA like legal protocols in internal conflict areas like Jammu and Kashmir as soon as possible. This is contained in a voluminous document, which has called for amendments in the controversial AFSPA so that armed forces, police personnel should not be given protection under the law if these men in uniform commit sexual offences against women.Former Chief Justice,J.S.Verma,has,in his report, questionend the continuance of the legislation in several parts of the country. The Report has said that "there is also need to determine the propriety of resorting to such legislations in conflict areas where misuse of such acts by men in uniform cause "alienation" between the citizens and the country.In fact Justice Verma has not recommended amendment to the AFSPA on his own but he has been influenced by various groups of people from the conflict zones,including Kashmir,Chattisgarh,Odhisa,who had conveyed to him sagas about incidents of rape, molestation, sexual harassment of women by the security forces.
Convinced that AFSPA had provided immunity to the security forces against any legal action on charges of their involvement in incidents of rapes,sexual harassment and molestation Justice Verma has stressed the need for addressing the problems being faced by women in those conlict zones where AFSPA was in force. The report has said that at the outset "we notice the impunity for systematic or isolated sexual violence in the process of internal security duties is being legitimised by the Armed Forces (Special Powers) Act which is in force in large parts of our country. It must be recognised that women in conflict areas deserve the same kind of security and dignity that women enjoy in areas where the AFSPA is not in force.In the context of these observations Justice Verma has recommended series of strong measures to ensure such security and dignity of women, which would go a long way not only to provide the women in conflict areas their rightful entitlements, but also restore the confidence in the administration in such areas. His plea that sexual violence against women by members of the armed forces or uniformed personnel must be brought under the purview of ordinary criminal law is quite tenable.Equally palatable is his suggestion that special care must also be taken to ensure the safety of women who are complainants and witnesses in cases of sexual assault by armed personnel.
If Justice Verma has recommended measures that could ensure safety of women,detained in police stations for various offences,against rape and sexual harassment he is not wrong.But such incidents of harassment,molestation or even rapes do not take place only in states where AFSPA is in force.There have been unlimited incidents of sexual harassment and even rape of women in police stations in Delhi,UP,Haryana,Punjab whre AFSPA is not in force.Hence the Government needs to frame a law that would deal firmly with those security and police officials that resort to molestation or rape of women in police stations without differentiating between the states where AFSPA was in force and those where such a draconian law is not enforced. One may not question Justice Verma when he has recommended amendment to AFSPA so that atrocities on women by security personnel were not permitted under AFSPA cover. But whatever amendments to AFSPA the Government would contemplate one thing should be borne in mind that whatever immunity security forces enjoy under AFSPA in carrying out search operations,arrests and other counter insurgency operations should not be amended.Such measures were needed so that security forces had not to wait for orders from Magistrates for executing arrest warrants.If at all AFSPA is to be amended the amendment should limit to restricting the practices of security forces in indulging in sexual harassment of women in the name of counter insurgency operations.
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