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| J&K DAA does not sustain AFSPA, it is vice versa | | | Early Times Report
JAMMU, Dec 14: There is some big confusion in the corridors of the civil secretariat or at least, it shows to be so with regard to the Disturbed Areas Act (DAA) in the State.
In 1997 the State government issued a notification bringing the entire State of Jammu and Kashmir under the DAA. In 1998, the DAA was allowed to lapse as no fresh notification was issued re-imposing the act in the State. That is the legal reality for which one does not have to get a clarification either from the State Law and Parliamentary affairs minister or the State law department.
The confusion arose when the State Chief Minister, Omar Abdullah said the AFSPA could be automatically rendered infructuous once the State government withdraws DAA from a certain area in the State. That is where the whole debate got derailed. The fact is that there is no DAA in force anywhere in the State and yet the entire State of Jammu and Kashmir is disturbed because AFSPA continues to be in force in the State. It is because of the AFSPA extension to the State which was done by the country's Parliament that the entire State is legally disturbed and the disturbed areas act, as part of the AFSPA and not as the State's own DAA is presently in force here.
The whole point of this clarification is to bring home the point that the withdrawal of the DAA by the State, as is advocated by the State government, would not render AFSPA null and void. The truth is the other way round. Once AFSPA is revoked, the sections of the act those deem areas as disturbed in the state would cease to be operative.
Now that the union defence minister AK Antony and the State chief Minister Omar Abdullah, both have accepted that there can be no timeframe on AFSPA withdrawal in the State which must continue to remain in force as long the situation demands, it is high time the State government comes out with a clarification regarding the DAA and its implications. It is the duty of all responsible and functional democratic governments to educate the people on legal matters. Since the AFSPA debate was raised to such a high pitch by the State government it must now make the legal position clear. |
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