AFSPA does not protect anyone from arms strike

Beekay Khuman *

Campaign to support Irom Sharmila and repeal AFSPA at New Delhi in Nov 2011

It is indeed surprising to observe a growing "punch-up" in the social media particularly on facebook over the issue of controversial and notorious Armed Forces Special Powers Act, 1958. This reaction to the black law primarily triggered by a bunch of youth who are web-net based activists followed right after a military convoy was under ambushed by armed opposition group(s) which resulted in the loss of 19 lives including one insurgent.

From the comments passed on facebook and sound-bites from ruling political class in Manipur, it seems that many people in this tiny State have little hope to emulate the example of Tripura Chief Minister's decision to do away with the draconian act. After more than 18 years of enforcement, Government of Tripura finally decided to withdraw 'Disturbed Area Status' under Armed Forces Special Powers Act (AFSPA), 1958 from the state of Tripura.

It is quite convincing when the young bloods pour out raw comments but it has been unfortunate to note the refusal of the political ruling class to digest the actual problems with AFSPA.

AFSPA actually does not protect the military from arms strike, surprise attacks or ambush etc conducted by armed opposition group(s) and the Act is not a shield to cover their ill preparedness. Rather, AFSPA protects them from prosecution when they commit extralegal, summary or arbitrary acts. 18 soldiers died in a place where the state itself has declared 'disturbed area' and imposed AFSPA.

It may be recalled that errant military personnel who were involved in the enforced or involuntary disappearance case way back in 1999 are still roaming scot-free as required sanction under AFSPA is not granted despite repeated communications to the Ministry of Defence by the Ministry of Home Affairs.

Keeping aside the draconian nature of AFSPA for the time being, even the Act clearly states that armed forces are deployed to aid the civil administration. Under such condition, it is the state police personnel who should be leading the counter insurgency operation and the military comes in just as an aiding force and not as the leading movers and shakers.

It may be recalled that former chief of Central Reserve Police Force (CRPF) publicly stated that his force do not need AFSPA to engage counter insurgency as enough protections for the personnel are provided under CrPC. Even former Union Home Minister P Chidambaram said that he had tried to repeal this Act during the Congress-led UPA regime but failed as the Defence Minster AK Antony and the Armed Forces blocked the move.

The People's Democratic Party (PDP) in Jammu & Kashmir which is a coalition partner and allies of the Bharatiya Janata Party (BJP) opposes AFSPA. Both PDP and BJP had agreed in common agenda for the coalition government for a phased withdrawal of 'disturbed area' or AFSPA from Kashmir.

What is even more alarming is the way how the national media particularly the electronic media has got itself embroiled in the debate and the issue purely from the perspective of emotive component of nationalism when they report from the so called ground zero.

Most often than not the actual debate over the issue get erased due to the overarching necessity of proving one's emotions correct when it comes to portraying the Nationalist side of their minds and hearts. Some of the national media has also hoarsely commented that the human rights organisations in the state gave not condemned the bloodbath witnessed in the aftermath of the ambush in Paraolong area, Chandel District, Manipur.

What the proponents of nationalist media have not understood is the dynamics of operational impact in a conflict ridden zones that exists in the Indo-Myanmar region where the terrain and topography has seen the hardest and most memorable battles ever fought even during the World War II. Cutting a long story short, those who lost their lives in the Paraolong incident were trained to fight or aid the civil administration or even the police personnel.

While we mourn the loss of lives through bloodshed, we should make sincere attempt to understand the historical context under which such episodes keep recurring. The points to the fact that something is not right in the history of the region or its relationship with New Delhi. People expect the civil society organisations including front line human rights groups to exercise legitimate activities without any bias and partiality.

Soldiers are trained to defend the country from foreign invasion and to help civilian population at the time of natural calamity. 60 years of engagement with counter insurgency is enough. It is better for the political class to ponder and think. Taking recourse to a politically correct approach would be most ideal for them.

While enough has been said about the security forces, we should all remember that any armed group with political agenda should abide by the minimum standard of the Law of War and at all times. It is also times to learn and differentiate between military objectives, combatants, civilian population, individual civilians etc. Severe and systematic violation of minimum standard of war constitute war crime and anyone who commits crime might be brought to justice some day.

When the Government of India way back in 1997, before the UN Human Rights Committee sought the advice of the Committee on how to deal with issues insurgency, the Committee recommended that "Problems in insurgency/terrorist affected area are basically political problems and therefore approach for dealing with them should also be primarily political and in doing so the Government of India should respect Article 1, 19 and 25 of International Covenant on Civil and Political Rights".

Recognize and acknowledge de jure armed conflict rather than de facto armed conflict so that anyone who belongs to either party to the conflict responsible for violation of minimum standard of war should be brought to justice and allow the service of International Committee of the Red Cross.