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Experts believe security forces can function under umbrella of AFSPA in J&K
5/3/2018 9:40:27 PM
While the Kashmir centric political leaders, including the Chief Minister,Mehbooba Mufti, favour repeal of AFSPA a former Army Chief, Gen. V.P.Malik, has come out in support of the retention of the AFSPA in the light of the activities of terrorists in Jammu and Kashmir. Gen. Malik may be or not in favour of abrogation of AFSPA in Meghalaya and partial removal of the Act from Arunachal Pradesh Gen. Malik does not support those seeking repeal of the AFSPA from Jammu and Kashmir. Former Army Chief has joined the debate on the AFSPA, after its full and partial removal from two states, former Army Chief VP Malik stressed that the Armed Forces Special Powers Act (AFSPA) is essential for the Army, which is put in a combat position in terrorism-hit areas. Referring to the recent removal of the Act from Meghalaya and almost half of the Arunachal Pradesh, Gen VP Malik (Retd) said: "The Act is grossly misunderstood as it does not give the Army any liberty to indulge in violence. Believe me, the Army has its own mechanism to handle aberrations of violence, but without AFSPA, the Army will have no legal sanctity and constitutional protection to function in a strife-torn area."Defending the soldiers, Malik called for the need to understand the human rights and self-defence rights of a soldier. "Recently in Kashmir, a Junior Commissioned Officer (JCO) of the Army was booked for firing at a mob of stone-pelters. No one bothered to talk about the human rights of the soldier and his right to defend himself from a mob," he said. In south Kashmir protesters attacked a school bus with stones in which one nursery student was injured.The very picture of the injured nursery class student evokes anger but in such a situation there is need for AFSPA because when a school bus can be hit by stones what about the Army bus or the convoy of the security forces which are prone to stone pelting. The NC leaders,Dr Farooq Abdullah and Omar Abdullah, during their tenure as Chief Ministers refused to fiddle with the AFSPA because they knew that the Act provided legal sanctity and constitutional protection to the security forces.And the two political leaders are trying to egg Mehbooba to prevail upon the centre to repeal the AFSPA. It is just politics. For the last several months militants opt for engaging the security forces, including the Army in direct encounters and in case some militants get killed the valley and with the killing of militants Kashmir registers series of protests and the protesters attack the security forces with stones which results in bigger clashes between the protesters and the security forces and it seems there is no end to these pro tests and clashes. And if some civilians get killed or injured in the retaliatory fire opened by the troops it is greeted with fresh clashes and shutdown for which the call is given by the separatists. And even during the burial of slain militants groups of people,particularly the youth, stage protest demonstrations that end in clashes between the protesters and the security forces. Now the security forces have been equipped with pellet guns and earlier they were equipped with guns that could fire rubber bullets still protesters have got their eyes injured. Some have been blinded totally others have lost their vision in one eye.The battle between the stone throwing crowds and the security forces continue. And in this situation search operations for either militants or those who have violated the law of the land but in every case protests follow. Hence the security forces, including the Army need the support of some provisions of law that could help them launch search operations against the militants. If the Army await orders from the Magistrated it may take some time which enables militants to flee.And when the Pak troops are r esorting to ceasefire violations do the Army need some constitutional provisions for protecting them against any action the troops deem fit to retaliate Pak firing.Hence the only way that could enable the Army and the security forces to function is under the umbrella of AFSPA.
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