AFSPA in practice: Rethinking the Act

P Kham Sian Muan Zou *

Women folk staged a protest in front of Kangla against imposition of AFSPA on Jan 25 2014 :: Pix - Deepak Oinam

Nothing appears more astonishing about the state of Manipur to those who consider the impetus that motivated a woman to continue an epic hunger strike since 2000 - with no significant result or outcome - to claim her full liberty that has been limited and constrained by the Armed Forces Special Power Act (1958). Almost every Act is good so long it hold its principles. As such, the corruption of each Act almost always begins with that of its principles – making the governed as the prime victim and forcing them to revolt against it. Therefore, no Act remains static if many of the governed rejected it. Why is Irom Sharmila Devi so much intolerant against the implementation of the Armed Forces Special Power Act in Manipur? It is axiomatic that there are certain good reasons that motivated her to do so.

Let alone Sharmila's resistance, many of the populations in Manipur were quite inflamed towards the prevalence of Armed Forces Special Power Act. Hundreds of people who went on strikes for repealing the Act - during the last decade - had rocked the valley districts of Manipur. Many voices savaged the Act as "draconian law". Miss Nandeibam Sanjita, on October 2003, committed suicide in protest against rape by the Indian paramilitary force. Furthermore, a dozen of women conducted scabrous nude demonstration in front of Kangla gate in 2004.

Nonetheless, the reaction of Manipur's government was quite indolent in sating their demand. The government confirmed its recalcitrance in meeting their demand. Security forces ramped up, leaving no space for demonstration, and almost the entire streets at Imphal came to be the epicenters of conflict between rubber bullets and catapults. It is no doubt Manipur's government reckons the Act as divine that needs little changes.

Why were the people of Manipur so recalcitrant about the Act? Why the Armed Forces Special Power Act has been highly controversial in Manipur? For sure, it is reasonable to infer that the Act must mutually victimize and restrict individuals' rights and freedom. But this might not merely be the sole reason that made the people reluctant towards the Armed Forces Special Power Act in Manipur. One would be puzzled without looking at the daily indulgence of the law - in the line of duty - by security forces.

AFSPA in Practice:

Thanks to the sheer number of insurgent outfits by 1980, Manipur had no longer the capability to resist New Delhi's "allegation". Manipur was listed as a new "disturbed area". And there is no doubt whatever about that. Perhaps the spirit behind the "imposition" of the Armed Forces Special Power Act is good in seeing the chaotic situation of Manipur. But in this juncture, it is vital importance to put some questions to crucial scrutiny.

What is the sole raison d'être of the Act? Is it meant to protect the interest of government at the cause of the people? Does any a good Act harms or protects the people? Should an Act remains static regardless of the negative impact it leads to the people? Needless to say - by answering the above questions - the "imposition" of AFSPA in Manipur has no moral reason for further deployment. This is true if ones elaborate the daily indulgence of the law by security personnel.

Today, Manipur tops the list of insurgency related killings in India. If the Armed Forces Special Power Act led to the elimination of insurgent groups per se, the Act is relevant and there is little reason to repeal it. But, in contradict, the Act victimizes and harms innocent lives far more immense than it did harm the targeted groups. According to the South Asian Terrorism Portal (2001), when the issue of repealing AFSPA mushroomed, Insurgency-related killings in Manipur between the year 1992 and 2001 were disappointing.

According to the record of SATP (2001) a total number of 1,471 innocent civilians were killed for nothing. But the total number of insurgent groups and security force personnel assassinated during the same period were merely 934 and 661 respectively. Again just between 1992 and 2012 – in the state of Manipur and Nagaland alone – SATP (2012) recorded that there were 8134 insurgency related killings. Here, again, civilians remain the major victim next to the insurgent groups.

It is perceptible to almost every individuals of Manipur about the evil of the Act in day to day life. It might not be absurd to put that the AFSPA has been abused by security forces in the line of duty daily. There is countless number of evidences to support such claim. A number of movies were released regarding the indulgence of the Act even by the non-center deploy security – the Commandos in particular. Among others, my personal experience in the year 2010 would suffice for highlighting how the Act makes civilians uncomfortable.

To be more precise, I was driving a motorbike towards Kakching – important town in Thoubal district. At the entrance of the town, five to six Commandos signaled me to intercept. The first word I ever heard from them was rather disgusting: "Which insurgent group are you from? Where did you hide your weapon?". I explained how ordinary civilian I was. But the whole purpose of our conversation was nothing worthwhile or necessary. They insisted to give them cha thaknaba (a bribe). I have no choice, but to abide by their demand. Fortunately, I was able to bargain the amount from Rs 200 to Rs 50. Such incident is an axiom of daily life to a number of individuals in Manipur. There would be infinite cases of similar incidents encountered by many innocent individuals daily.

Rethinking the Act:

Honestly, I hardly have little confident to judge whether the AFSPA is either "good" or "bad" for Manipur. But something is certain here – the Armed Forces Special Power Act is good so long it does not harm the people. If this is so, the results of several decades make us reveal that the Armed Forces Special Power Act is unhealthy for the people of Manipur. And in seeing the impact of the Act to many innocent individuals of the state, it would be hypocritical to regard the law as "good". After putting the Act to close scrutiny, the clear inference is that AFSPA renders tragedy or dismay to many innocent individuals. One academic, Ananya Vajpeyi, remarks "Indian state neither wins nor loses in the Northeast … but the people of these regions are defeated daily".

Thanks to Sharmila's struggle, today, the issue of the AFSPA became increasingly a new field of study among scholars. But, to the best of my knowledge, none of the scholars appreciated government's recalcitrance to repeal the Act. Government makes many excuses about repealing the Act by exaggerating the danger that the sheer number of insurgent groups operating in the state can render. But, in contradict, a number of scholars have shown that no insurgent groups in Northeast India are sophisticated enough to resist neither the Indian state nor the state government. Furthermore, the recent agreement to sign the Suspension of Operation (SoO) between the government and many insurgent groups in Manipur had confirmed that the former group is much efficient to keep the latter group in control.

Needless to say, the Armed Forces Special Power Act in Manipur suffocates not only individual's rights and freedom but also jeopardize life security. Technically, the reason behind the implementation of the Act was to remedy and maintain the "law and order problem" prevailing in Manipur and Northeast region or vice versa. The spirit behind the implement of the Act sounds good and adorable. However, in practice the Act present different pictures - ignoring its sole raison d'être. There are ample evidences to prove how it affected the life of many innocent civilians. And, in fact, such claim remains uncontested.

Therefore, the Act is preferable only so long it has the dexterity to individuate between insurgent groups and civilians. Otherwise it would be quite futile - that needs to be repealed immediately - and remains notorious for indulgence. It is scandalous to learn that many of the governed in Manipur have little forces to repeal the AFSPA.

After all, it is reasonable to infer that absence of AFSPA would diminish political turmoil and enhance life security, political right and liberty of the people. And if the Armed Forces Special Power Act continues to make no distinction between the militant groups and the people, it would be very moving for many lives in Manipur.