Questioning Indian democracy : The case of AFSPA in NE India

Roluahpuia *

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As Indian democracy enter into its 66 years of surviving as the world largest democracy, yet, for the 39 million (a per 2001 census) people of North East India, Indian democracy has been so far a mere rhetoric. The region as it is known has been under continuing armed rebellions led by different ethnic communities whose demand extends from outright independence (secessionism) from the Indian Union to internal autonomy.

Indeed, the longest and bloodiest little known conflict is still lingering in this part of the country. The strategies adopted by the Indian State to deal with such problems are counter-insurgency accompanied by heavy militarization, economic packages and other developmental efforts. To put it simply, the Indian State utilizes the carrot and stick policy to tackle the problems of the region.

Of interest here is the way the problem of the region is conceived. Interestingly, the problems in the region, mostly the armed conflict are reduced to a mere law and order problem. Mention must also be made that the region is always looked from the security defense paradigm from the day India got independent. This is due to the strategic importance the region occupies along with the necessity to safeguard India's interest in East and South East Asia. The region till today is perceived with a security mania and a troubled region which so far continues to be the dominant perception about the North East.

As mentioned above, the North East as a whole is no stranger to armed conflict and other forms of liberation movements which posed a direct challenge to the legitimacy of the Indian State. Henceforth, in the name of counter-insurgency, rapid militarization's are gaining upper hand which is followed by implementation of anti-democratic laws such as the Armed Forces Special Powers Act, (AFSPA), 1958. The implementation of such laws in the region has created more problems that solving it and it is also here that the very idea of Indian democracy comes under critical scrutiny. The reduction of the problem as a mere law and order problem legitimizes the Indian State to implement laws such as AFSPA.

Meanwhile, it is a well-known fact that the framer of our Constitution has put the very basic human rights fundamentally important. One among them is the Article 21 (A) which is the "Right to Life" whose interpretation has been expanding over time. In regions where AFSPA is implemented, it negates even this very basic right as it allows the military to shoot or kill even on mere suspicion. Beyond this, what is more troubling is the fact that the idea of being innocent until proven guilty has no place.

To put it in legal terms, 'a person is innocent until proven guilty' is out of the question in the region. Thus, one can say that the Act negates and nullifies the very concept and principles of law. Moreover, the very basis of human rights which are enshrined in our Constitution in the Fundamental Rights are suspended under the Act. What more can be said if the Act is not anti-democratic.

It is a public knowledge that what differentiates between a democratic country and a military ruled country is that the former respect and gives highest regards to civil and basic human rights, which is not so in the case of the former. However, even these basic parameters which distinguish a democratic country from an authoritarian or military regime are completely absent in North East India. It is to this reason that the region is often tag as 'the other Burma'.

In the same line, this Act is military friendly as it gives sweeping powers like searching without search warrants, arresting without warrants and so on. Due to this, there is a high chance of the law being misused and abused by the military. Public frisking, detention, fake encounters are the outcome of this. However, as no right is recognized by the Act and since the Act gives a high protection to the armed personnel as no prosecution process can be initiated against personnel of the Central forces without first obtaining the Centre's approval, the Act in real amounts to state sponsored terrorism.

Apart from the hundreds of lives and arbitrary detention that have been made under the law, at the same time, the law causes a sense of fear and insecurity among the people as they identify the security forces as agents of an oppressive State. At the same time, the civil populations are seen as a 'sympathizer' or a 'terrorist' to the armed groups and often, many right based groups are tag in the same way.

Thus, there is a huge gap between the civilian population and the military who often call themselves 'friends of the hill people'. The Act therefore creates disorder in the region and continues to distance the people of the region from the Indian state. Thus, the 'idea of Idea' continues to be attack from this part of the country and so is India democracy.

The use of AFSPA is a complete failure in the region. Its misuse by the armed forces has created more anger and frustration among the people of the region. One area where the law has been a complete failure is visible from the increasing number of armed groups in the region and the increasing human rights violation which created a sense of fear and insecurity among the people of the region.

It must also be reiterated that the Armed Forces of the Union heavily empowered with AFSPA is used more as a meant to tame and control the civilian population from extending support to democratic struggles in the region. While civilians continue to fall prey under the Act, it antagonizes more and more people and swells the ranks of militants contrary to official pretence that they are fighting only armed groups. In sum, law like the AFSPA suppresses democratic rights, permit military rule and therefore murder democracy.

In ending, the Indian State claims of being the world's largest democracy and hence, by definition, to be a state that guarantees human rights does not seem to be something relevant in the case of North East India. The continued implementation of the law in no way can bring about peace and tranquility in the region. Rather, it will incite more problems and alienates the people of the region more and more. It is time that a new approach with a democratic component are taken to tackle the issues and problems of the region. This can only take off only by recognizing their struggle as political and acknowledging that the Indian State has failed the people of the region.