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| J&K Chief Minister Omar Abdullah should desist from ignoring the security needs of the region in pursuit of politics | | Withdrawing AFSPA Omar’s recipe for disaster | | Sunita Vakil | 11/5/2011 9:51:29 PM |
| “The good need fear no law. It is his safety and the bad man’s awe,” Massinger famously wrote. And whatever their logic, some voices in Kashmir are demanding a rollback of the security apparatus in the state despite an enhanced threat perception. Even as the law and order problems in the country have gone from bad to worse, the Armed Forces Special Powers Act (AFSPA), a special law enacted by the Parliament of India to meet very special internal security situations has become the object of controversy in recent months. Primarily intended for the Northeast in 1958, it was extended to J & K in 1990. In both states, the law has been central to the region’s resentment. Of late, the AFSPA has become a matter of debate. Some want it repealed. Some want it amended and some others prefer states quo. So strong is the resentment against AFSPA in Kashmir that in recent months Prime Minister Manmohan Singh, Home Minister Chidambaram and J&K CM Omar Abdullah have all spoken of the need to reexamine the law. It is surprising that Mr. Abdullah is bent upon withdrawing the Armed Forces Special Powers Act from parts of the state despite the fact that the Indian Army, the defence Ministry and the two committees formed by him are of the view that the ground situation is not ripe for such a move. This would be a perfect recipe for disaster. The argument should be viewed in the context of the enormity of security challenges confronting the country.
Though it has long been construed as “draconian”, the Armed forces and Defence Ministry have all along objected to its withdrawal saying that abrogation or dilution of the Act will affect the Army’s ability to conduct efficiently and resolutely anti insurgency operations. Indeed, this is a time tested act which has brought peace to Punjab, Mizoram, Assam and Tripura. Even Supreme Court has upheld this Act. It may also be relevant to recall the way Sri Lanka defeated LTTE. Even Pakistan, which is a strong critic of India’s alleged human rights violations in Kashmir has used Air power and artillery in North West Frontier Province before sending their men into such areas. It therefore came as no surprise when sections in the Defence Ministry as well as some political parties questioned the wisdom of such a move as Chief Minister Mr. Abdullah announced last week that certain laws from certain areas would be rolled back “within a few days”. The Army has made its case clear saying that the forces need that special cover to maintain control in volatile areas. And taking it away will handicap the capability of the force to conduct counter insurgency operations. General officer commanding in Chief for Northern Command Lt. .Gen. K.T. Parnaik has gone so far as to say that if AFSPA is withdrawn from some areas of the state, the militants and other elements will exploit the situation and create mischief in the state. It is not only the Army which has criticized the CM’s unilateral announcement but the latter has also come under fire from the NC’s coalition partner, the Congress. Nothing reinforces this point more forcefully than the statement of Congress State Unit Chief Saifuddin Soz who accused the CM of making the announcement without taking the Union Home and Defence Ministries and the Congress party into confidence. However, after attack from its coalition partner, a somewhat chastised Chief Minister has said that the government would do the consultation exercise with the Army as well as the Home Ministry before withdrawal of AFSPA. It may not be too easy to make the relevant changes in the Act, or its application, in view of the reservation expressed by both the Ministry of Defence as well as the Army. In fact, Lt. Gen. Parnaik had observed that the situation in the state is not good and the Army requires certain laws to carry out its operations against militants, on the sidelines of a function in Teetwal near LoC.
On the other hand, there is some unanimity in Kashmir that AFSPA should be relooked. Its antagonists including the separatists demand that given the new normalcy in the state, its investment in the electoral process and the waning of violence, the protective provision be lifted from the entire state. Though the debate over the act continues but there are indications that the AFSPA may be relaxed in at least four districts including the capital city of Srinagar and Jammu besides Samba and Ganderbal.
Even as the police supported the idea of a phased withdrawal, central security agencies point out that the situation in the Valley is still volatile and an attempt to withdraw army from some areas could have serious security implications. Intelligence experts feel that the falling violence levels may not indicate declined militancy since there has been no such decline in either infiltration or cross border terrorism. Infact, infiltration is on the rise and intelligence inputs maintain that over 2500 trained militants are waiting in 42 camps in PoK to infiltrate into the valley. Also, around 800 millitants are waiting at the launch pads near the LoC. The direct linkages of the Delhi High Court blasts to J&K as well as the recovery of an RDX laden car in Ambala earlier this month are further signs that the cycle of violence has not abated and the millitants in the state continue to plot terror.
There is no denying that AFSPA gives some special powers to security forces but it has also to be understood that Kashmir is a very sensitive area where there are various elements which are sympathetic to terrorists. If the Army has greater powers than other civilian authorities, then it is due to the extra ordinary security situation in the valley. Indeed, extras-ordinary situations can only be dealt through extraordinary measures. The reality is that while AFSPA is applicable throughout the state of J&K the most stringent calls for its repel emanate from a few districts of Kashmir that are under the influence of separatist ideology. Therefore, this can’t be perceived as an overwhelming aspiration of the people of the state. Infact, majority of people feel more secure with the presence of security forces who try to ensure that the life and dignity of the people is not compromised by criminal elements.
It is quite clear from the manoeuvres of the NC government headed by Mr. Omar Abdullah that it is traveling on a disastrous course. The removal of ASFPA is not going to buy peace. Any talk of diluting the Act will lead us to an inevitable predicament where our Armed forces would be sent to the battle hamstrung with hands tied behind their backs. The Abdullah government will only weaken itself by squandering all the good work done by the security forces.
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