AFSPA amidst communal conflict
- The People's Chronicle Editorial :: November 16, 2024 -

IMPOSITION of the pro-military Armed Forces' Special Powers Act (AFSPA)-1958 in Manipur since 1980, before the state-wide 'disturbed area' status was partially withdrawn in 2004, had failed to contain the insurgency movement, the primary objective why the security forces deployed in the state are constitutionally empowered.

Having already tried and tested but proved to be futile in solving the vexed insurgency problem through the imposition of the draconian law, it remains to be seen how the Ministry of Affairs' alteration of the decision taken by the state government to scrap the 'Disturbed Areas' from 19 police station areas would help tackle the insurgency movement as well as the on-going communal violence between the Kuki and Meetei communities.

Among other provisions, practically designed to encourage the security forces tackle anti-national elements without any forbiddance of being dragged to the court of law, the Act empowers an officer of the armed forces to "fire upon or otherwise use force, even to the causing of death" against "any person who is acting in contravention of any law or order" if they are of the opinion that it is necessary.

It also disallows prosecution of persons acting under the Act except with the sanction of the central government.

To human rights groups, the latter protective provision is outrageous and dehumanising, on the ground of high probability that even officers confirmed guilty through the legal parameters of slaying innocent civilians could still be shielded by those helming the affairs in New Delhi and the victim parties left to rue the very constitution that enshrines protection of life and property of every citizens.

As the current ethnic strife has nothing to do with the insurgency movement barring suspicion about involvement of cadres of armed outfits in attacking one another, it is likely that the ministry's decision is aimed at disarming the communities in conflict and hoping that the violence would cease on its own.

As per the notification issued Thursday, the MHA extended the 'Disturbed Areas' status in areas under the valley districts falling under the jurisdictions of Sekmai and Lamsang police stations in Imphal West district, Lamlai in Imphal East district, Moirang in Bishnupur district, Leimakhong in Kangpokpi district, and Jiribam police station in Jiribam district.

As periphery villages under the said police stations are the epicentre of the communal violence, the affected elderly villagers, women and children have moved into relief camps while the abled bodied ones have taken up arms, both licensed and unauthorised, and defending the villages from Kuki militants.

As such, re-imposition of AFSPA 1958 will naturally evoke vehement condemnations, for the Act, instead of ending the decades-old armed campaign against the establishment by various insurgent groups, only abetted excesses by security forces under the immunity granted by it, including stage-managed encounters of confirmed insurgent members, suspects, over-ground workers and even civilians, which not only sparked frequent street protests but also resulted in human rights organisations exposing brutalities of security forces at international platforms besides approaching the Supreme Court to penalise rogue men in uniform.

That AFSPA 1958 has done more harm than help the civil administration maintain law and order in the state could be comprehended from the apex Court ordering investigation into cases of fake encounter deaths in a decade's time out of over 1500 victims of alleged staged managed encounters.