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| Armed Forces are called from barracks temporarily to clear the enemy and his hide outs from inlands | | A Look Through the mist | | Daya Sagar | 11/2/2010 11:07:10 PM |
| Army once called for internal duties has to finish the job and return to barracks. Armed forces / army is not expected to leave the job half done. Hence did emerge the need for delegation of special emergent civil / magisterial short term powers to the armed forces men deployed in civilian areas. The Armed forces Special Powers Act 1958 { for Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura } and armed Forces { Jammu and Kashmir } Special Powers Act 1990 { for Jammu and Kashmir} of Parliament were enacted only keeping in view such requirements. No doubt both the Acts rest on the same spirit in general .B some more requirements had emerged over three decades in view of the interferences from across the borders. Therefore, the AF{JK}SPA 1990 was incorporated with some additional explanations and Sections. { Section 3, Section 4, Section 5, Section 6, Section 7 }
AFSPA Armed forces special powers Acts { AFSPA } enacted by Parliament of India, have been accused of being a maligned law. Some have called these draconian laws. Much could be heard about controversies on AF {JK} SPA as regards the State of Jammu and Kashmir. Some Human Right organizations too have expressed that AFSPA has been generally misused in India and hence advocated its abrogation / repeal. It has been alleged that the authorities and legal immunities granted to the Armed Forces under Section 4 of the Act go against the basic principles of rule of law { natural} . No doubt it can not be denied that zero level misuse of the authority can not be guaranteed. But does it mean that there should be no enforcement agency of any type even where integrity & security of a nation is in question? .
The wise men who have entered into the race for abrogation of AFSPA appear ignoring some basic points. Armed Forces Special Powers Acts and circumstances under which some areas are declared as disturbed areas are not a routine matter. On exceptional occasions temporary deployment of armed forces may be required to rescue the civil security / law and order / civil administration from extraordinary pressures of insurgents / militants / terrorists who may not honor the law of the land . Very often such elements may be using military methods and may be backed with the policies and resources of some foreign / enemy agencies { extra territorial agencies} . So instead of out rightly negating the provisions of the Act it would be appreciated in case they suggest measures / modifications that could be made to check some armed personnel mis using the Act. Otherwise any such uni directional unmindful campaigns would only help the cause of Anti National / Anti social elements who are bent upon to cultivate adverse opinion about the armed forces / defence forces amongst the common civilian people.
Similarly the Human right organizations / and the reformists should create pressures on the local civil governments to provide routine social security , just law / order . honest governance and honest administrative infrastructure so that the common people do not fall in the traps of those who may be engaged {i} in disturbing / weakening the local government {ii} or promoting even internal insurgency. Local resentments too at occasions are exploited the enemies of a country / nation. The modern day Proxy War concept could be quoted here. Better civil governance too would make the task of insurgents/ militants / terrorists difficult. So there shall be lesser need for calling the Armed Forces from the barracks to civilian areas / internal duties.
AFSPA is not for general use , it is for meeting the needs of the emergency. This Act empowers armed forces with the powers of Civil police in special emergent needs. At occasions it may not be possible to carry the civil police magistrate along with. In case the conditions go peaceful, the State Government assesses that there are no anti national / foreign elements / destructive elements there and the armed forces { particularly Army and para military forces } shall be no more required. Hence then there shall be no need to weed out the enemy as well as enemy agents hiding amongst the ordinary civilians . So there would be no armed forces and emergent compelling circumstances. And hence there shall be no AFSPA in use. Any law could be misused but it does not mean that the laws should be abolished for ever .Even local individual police officers could misuse the IPC or RPC. Armed forces are rarely required to be called for civil duties. But the civil police and executive machinery has to stay in on regular basis. These days it is so common to here that the people in India have lost faith in the truthfulness of the police. Many are even scared to go to a police station for getting an FIR registered. Why do not those who are so critical and abusive about the Armed Forces demand that the police officers need be stripped off all the powers for investigations / summoning people for interrogation. All these years the way the AFSPA has been campaigned against , more of frustration / discouragement has been caused to security / army men . So discussions on such issues should not be done in a casual manner. Omar Abdullah should come out of the local pressures and Union Home Minister too should be careful while addressing to the questions raised on AFSPA...
Similarly the declaration of disturbed area under the Act could be done by the Governor and or the Central Government where ever needed. In case State Government assesses that some areas are not disturbed let the government with draw the requisition for deployment of armed forces in those areas and manage the affairs with its own civil police.. When there shall be no deployment of armed forces , there shall be no need to act under the provisions of the AFSPA. Those who are asking for outright undoing the effectiveness / abrogation of AFSPA do not appear that sincere to the security of common man / country.
The most important thing that need be addressed to is that the political leaders and civil government must work on the ground to restore the confidence of the common man in the intentions of those who are managing the public affairs. The armed forces can only reduce the pressures of foreign militants / terrorists and provide working space for the civil infrastructure. There after it is the duty of the political and social leaders to win the confidence of the masses and create backpressures on the insurgents / militants/ terrorists / enemies. In case it is not done , the armed forces may have to stay for more time in civilian areas and that is not good for the moral and prestige of the Army / defence forces.
The intentions in deploying the Armed forces are temporary could be well seen from the Section 6 of Armed Forces { Jammu and Kashmir } Special Powers Act that lays down that any person arrested and taken into custody under this Act and every property, arms, ammunition or explosive substance or any vehicle or vessel seized under this Act, shall be made over to the officer-incharge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest, or as the case may be, occasioning the seizure of such property, arms, ammunition or explosive substance or any vehicle or vessel, as the case may be.
Similarly a declaration for nominating an Area as a Disturbed Area under Section 3 could be made by the Governor of the State or the Central Government. Yes there is some scope for amendments here like incorporating a clause for review of conditions / requirement after three months or six months or one year. Similarly from political angles it could be considered to lay down that declaration could be made by Central Government in consultation with concerned State Government.
Some people argue that alternative laws are also available and hence plead abrogate AFSPA. They could be asked that would not those laws be misused?
{ Daya Sagar, Social Activist, Sr. Columnist on Jammu and Kashmir Affairs [email protected] 9419796096 }“
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