AFSPA versus Govt patronage ? A gamut of intriguing questions
- Sangai Express Editorial :: November 21 , 2013 -
The National Human Rights Commission did not exactly say this.
But in observing that it is the police, with Government protection, and not the Army, which are more involved in fake encounter cases across the country, especially in Manipur, it may be inferred as saying that Government patronising fake encounters is the greater evil than the Armed Forces Special Powers Act, which is nothing less than giving the license to kill to the Army and para-military forces even on mere suspicion.
One is a Government patronising fake encounters by its men in Khakis and the other is a piece of legislation which gives unbridled powers to the Army and the para-military forces.
The observation of the National Human Rights Commission must have obviously come from studying the 44 cases of alleged fake encounters in Manipur during 2005 and 2010 and this has opened a whole gamut of intriguing questions.
Brings to mind the July 23, 2009 BT Road incident in which Rabina and Sanjit were killed, with Tehelka coming out with a series of photographs which told a story, a story which negated the encounter theory put forth by the police as well as the mass massacre by the Assam Rifles at Malom in 2000, which gave birth to the crusader in Irom Chanu Sharmila.
This is not a debate on which one of the two is the lesser or greater evil, but should be seen and understood in the realm of the ‘legitimacy’ given to the security personnel, including the police, in annihilating anyone it deems fit.
A piece of legislation which provides immunity and impunity to its security forces to open fire even to the extent of causing death on mere suspicion and a Government which provides protection to its policemen who carry out extra-judicial killings complements one another.
Yet on the other hand, it should not be forgotten that a legislation, an Act, which gives unrestrained authority to its armed forces is something which cannot be seen in the same plane as a Government providing protection to its police personnel who stage fake encounters.
To put it straight, AFSPA is legal while Government encouraging fake encounters is not legal yet at the same time, both are about gross violations of human rights.
The need to read the fine line between the two sides cannot be over emphasised.
Policemen, whether they enjoy political protection or not can be tried under the law of the land and punished, but the Army and para-military forces operating under AFSPA cannot be tried in any Court without the prior sanction of the Centre. Herein lies the difference.
Figures or statistics tell the truth and it on this premise that the National Human Rights Commission has gone on record to state that the police are more involved in fake encounter cases than the Army operating under AFSPA.
Yet statistics and figures do have the propensity to hide the spirit behind the figures.
This is a point that should be acknowledged in the observation of the National Human Rights Commission.
To repeat, this is not a debate on which is the greater or lesser evil, but to understand the difference between the legal and illegal.
It is a question over a piece of legislation passed by Parliament, the validity of which has been upheld by the Supreme Court and a covert policy adopted by the Government to provide protection to its policemen who carry out fake encounters.
It will be interesting to see human rights defenders starting a debate on the observation of the National Human Rights Commission, sans questioning its wisdom, for it may amount to undermining an institution as important as the National Human Rights Commission.
Whatever the case the observation of the Commission is an indictment of the State Government and how it has been providing protection to its men in khakis to carry out a series of fake encounters.
* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.