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| A Look through the Mist | | AF ( J& K ) SP Act1990 shall on its own go from areas declared by Government as not disturbed | | Daya Sagar | 11/7/2011 10:05:23 PM |
| Political debates on AFSPA are not new , issue was hot in 2005 also. It has also to be answered that why even six years after 2005 the Kashmiri migrants are still outside Kashmir valley, they are being paid migrant salary and migrant relief / migrant concessions that could be paid / extended only under very very extraordinarily serious circumstances.
Now it is 2011, all these years voice has been raised for abrogation of AFSPA but not for making some corrections to minimize its misuse. In case the State government is of the opinion that over last six years conditions have much improved the areas where army is not needed should be denoitified. Baisae JK CM nein 21 Oct ko kaha tha ki jaldi hi J&K ke kush hisson se AFSPA / DAA ko hataa leeya jaega .Par yesh samj nahin aeyaa ki oon hon ne saath saath kush aesa bhi keon kaha ki boo abhee oon eelakoan ke naam nahin bataa saktae.
Some prime leaders of J&K suggest that demands for removal / abrogation of AFSPA are being made by the common man and if it could be done then it would be worth fulfilling the promises made to people by their political parties. How strange, rather funny!! Such leaders could be simply asked ,that, is removal of DAA/ AFSPA from a particular area like constructing roads or giving employment to people or restoring simple law and order?. Political ambitions should not stoop so low.
It has to be acknowledged / understood that the Provisions like AFSPA are to equip the security forces to secure the borders from indirect enemy attacks / plans, to ensure restoration of internal peace, under extreme intricate situations to protect the country from the enemy agents sitting inside the civilian areas operating for masters across borders and to flush out the enemy agents / terrorists from civilian areas without losing much time, and this could be done only with minimum procedural / legal formalities and delays. No doubt such impositions have to interim / temporary and under unavoidable conditions only.
The other wrong message that was /is spreading due to the controversies generated is that Omar Abdullah is suggesting Abrogation of DDA / AF ( J&K) SPA. Some of his recent statements that appeared in media did contain the messages that provisions AFSPA have been not fairly used by some but it was more understood like accusing the AFSPA in principle itself. Therefore, the position should be clarified in clear words. In case Government finds that local police can handle the local disturbances in some areas and there are no enemy / enemy agent threats there , such areas could be taken out of DDA, security forces can go back, and there will be no use of AFSPA. May be in view of such like signals, J&K CM has been quoted as having said at Panaji, ( November 07) Goa =Think Fest 2011 Conclave= ."Let the army protect the Line of Control and relatively peaceful areas should be left to J&K police. I am not suggesting that we withdraw army from areas like Baramulla or Kupwara or LoC," "if things became difficult after AFSPA was withdrawn, it could always be re-imposed. "I have learnt a lot. You cannot ignore even the smallest of incidents. You don't ignore anything, however insignificant, it might seem.."
The manner in which AFSPA is being projected in J&K is laying criminal allegations on the intentions of GOI. It is being ignored by some commentators that circumstances do force for legitimately declaring some areas disturbed and deployment of security forces. It may not be out for intentions for occupation. Those who talk of blanket undoing with the AFSPA are totally wrong. It has to be there , may be in some amended form reducing the scope for it's misuse but also ensuring that the Armed Forces are not humiliated while on temporary duty in the civilian areas.
We must understand that Indian Armed Forces have to protect the borders from enemy aggression as their prime duty. Their Moral has to be kept high. No doubt civil administration too needs to work for reducing the local sentiments so that the enemy / insurgents do not get local support and the internal law and order is not disturbed to the extent that state police and normal laws are found not adequate to maintain peace. And need arises for the sate government to requisition for the Army / central security forces. The problem becomes more demanding when the external enemies /powers too get involved in disturbing the internal peace and the international borders. In such cases need arises for the forces on the borders to dismantle the cadres / infrastructure that may be doubted to be resting / nourishing in the civilian areas. Some times they are to be treated like enemy and not like local criminals and hence are to be treated differently. So, for the army / security forces under such circumstances need arises for modifying or and suspending some donts that are otherwise must for dealing with the local criminals.
After the team of interlocutors on J&K headed by Daleep Padgaonkar submitted its report on 12 th Oct 2011 to Home Minister P Chidambaram , AF ( J&K ) SPA 1990 has come in more focus again.
Kush din pehlae bhi 25 september ko delhi ke aek vakil . Prashant Bhusan ne banaras mein media se baat karate huyae kaha ki Kashmir se AFSPA ko hata lena chahiyae , bahan se suraksha baloan ko bhi hata dena chahiyae ta ki manav adhikaroan ka hanan na ho sakae aur Kashmir mein janmat sangreh karana chahiyae aur yadee bahaan ke log bharat ke saath nahin rehna chatae to oon ko alg honae dena chahiyae. Oon ka yeh bayaan 12 October ko oon ke chamber mein huyee apriyae ghatan ke baad lagataar TV channels mein deekhaeya geyaa.
Some people had speculated that Delhi interlocutors too would have said some thing about AFSPA in their report. Since team Daleep Padgaonkar has spent one complete year moving in J&K it is expected that if at they would have talked any thing about AFSPA, they would have surely also identified the civilian areas where state government may not be needing security forces .
Manner in which Prashant Bhushan ( Banaras 25 september 2011 ) and team Medha Patkar ( 16 October Partap park Srinagar) have talked about the security forces and AF ( J&K ) SPA 1990 is not appreciable. AF (J&K ) SPA 1990 par casual dang se deeyae geyae beanoan ne kush logoan ko eis Vishay mein baat karnae aur virod prakat karnae ka moka de deeya hai. Accusation on security forces by such like socal activists even if are false , do reach the world. Hence clarifications should be immediately made by GOI / State. Such people should not be allowed to create distrust amonst the people of States like J&K.
Incase the civil authorities feel that there is no interference from foreign countries and the civil police can handle the local disturbances , the armed forces could be asked to go back and then there will be no need to use the provisions of AFSPA.
.Lt General Arvind Sharma { press conference Kolkata 3/1/ 2005 } had pleaded that the provisions of the AFSPA are "absolutely essential" to tackle insurgency in the country. Sharma had said that as per his assessment without the AFSPA, the Army will not be able to function in insurgency situations. He had gone to the extent of saying that without AFSPA the army will be only a reactive force. Similarly PTI had quoted Army's Northern Command chief Lieutenant General B S Jaswal as having said { 5/9/2010} that "For special circumstances you require special laws. There are special circumstances in Jammu and Kashmir and that require special laws to deal with it, My troops are the finest in the world and whatever they do, they do it with good intentions. And if that good intention is questioned time and again, that will make their function difficult. It is very very important that they have AFSPA..Some people call these provisions of AFSPA as draconian. I would respond by saying that if you want to feel the heat, be in it. When you function in these special circumstances, you will realise that these laws become imperative for carrying out smooth operation.
Certain amount of immunity is imperative. It empowers the Army to act firmly in certain circumstances that exist in this case. If Army has to get in to carry out searches, etc, .In case we don't have this tool for immunity, then who will act." The opinions and experienced observations of such senior people can not be set aside so casually simply for political gamesmanship
The provision / concepts that under acute emergencies of the disturbed conditions the choice for setting of the norms of "Do's & Don'ts" for the men working under AFSPA should not be left only to army in a blanket manner has been questioned by some. No doubt such procedural provisions could be reviewed. But in case the men who have to fight at borders are at occasions called by civilian authorities for their help or they are required to flush out the enemy agents ( civil police having failed) then they should not be asked to operate with civilian criminal law as tool. So, no controversies simply for vote bank politics should be nursed on such like serious issues of national importance.
No doubt instances have been there where some people with special powers get unduly encouraged and human rights violations could result. Some may feel that they are free to act in a climate of impunity. But it is also a reality that individuals could be there any where in any organization who may violate the law and misuse the law. Such accusations are so often made against the local civil police as well. Does it mean that all the authority given to a SHO should be withdrawn?.
In case people like Medha Patkar and Prashant Bhushan are truthfully serious they should suggest some changes that would make the Act more effective, reduce the scope for misuse and would also ensure that the Armed Forces too are not humiliated while on temporary duty in the civilian areas.
One local daily has quoted the J&K CM as having said on 21 Oct 2011 while addressing police commemoration day at Zewan < "With the gradual improvement in the security situation and return of peace in the State, some black laws (DAA and AFSPA) are being removed from some areas within next few days. The return of peaceful situation has paved the way in this direction and these laws would be revoked from all parts of the State with the restoration of peace and tranquility," >. I donot think it was fair on the part of CM to call AFSPA as a black law, I wish CM has been mis quoted. Rather, need for such like laws has become more for all peace loving countries.
Under extreme rough conditions the needs of a Society / a Nation can not be under rated unilaterally under the principle that we could let free 1000 real culprits instead of wrongly punishing one innocent person .Such sermons could hold under normal circumstances but not when a proxy war is lodged against a Nation by direct or indirect methods.
( Daya Sagar is a social activist and Sr.columnist on J&K affairs [email protected] 9419796096 ). |
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