A closer look at Armed Forces Special Powers Act (AFSPA)
- Part 2 -

RS Jassal *

1. Many write ups and reflections of personal experiences are appearing in local and national media by civilians & Armed Forces personnel from North East & Kashmir involved in the 'Chapet' of AFSPA 58 and at various forums too; which are revealing though; but needs understanding in its true form and public interest.

An attempt has been made in this paper to present as truly as possible the picture of AFSPA 58. As said in part I was appreciating that this Act is passed by the Parliament unlike Army Act and Assam Rifles Act presented by the Forces and ratified by the Parliament, as per article 3 of this Act it is invoked by the Civil Administration as & when required to employ Armed Forces on Internal Security duties when it becomes absolutely necessary.

This Act as per COAS, General VK Singh thus becomes 'enabling', or call it as 'TOE' (terms of employment) as per Admiral Sushil Kumar Retd to manage the situation beyond management capacity of the State forces & other Central /Para Military Forces (CPMF).

Armed Forces are basically meant to ensure the territorial integrity at IBs- on land, sea and air for which there is no need of taking shelter of AFSPA 58, other than international covenants as agreed by UN from time to time have to be kept in mind. Aggressors are responsible to answer to the world comity of their (mis) advances (Kargil issue by Pakistan refers). Defender nation does not have to. He/She can straightaway flung into action as deemed fit or dictated by its political hierarchy but to a certain degree only, when it is just short of declaring a war.

How Army was called in Manipur on IS duties?

2. Examine it in the context of events responsible for it. AFSPA provisions were already in operation in the Hill Districts because of Naga insurgent militant activities since mid sixties. Its provisions were invoked during early eighties (RK Dorendro Ministry) when state police force was absolutely down tramped & unable to stand. This negligible and completely incapable force down played in tackling the urban insurgency put bureaucracy in doldrums.

It is a general rule followed by any revolutionary movement that their leadership devotes five to ten years to mobilize public opinion to their cause and once they start their militant actions 'bang-bang', people get attracted and involved to their cause. Police gets demoralized, political leadership goes panicky and public life lapses into jeopardy. PLA and PREPARK were the one to start with.

UGs including, frontal units collected all the licensed weapons in quick sweep (anybody who denied having one was shown his gun license number duly authenticated by the issuing authority), once well meaning citizenry was denuded of its self protection device, UGs had free run to get their writ/ run through common man without any odds and practically with no resistance from any corner.

Police was weak in morale, strength, weapons and training. It encouraged UGs to coerce state constabulary in the interiors to roll back to their District HQ and odd one or two demoralized DCs of particular Distts started functioning from Imphal itself and it became an open secret with their continuous stay at Imphal. It was believed that almost all the HOD of admin less police switched over to functioning on negotiated terms with UG hierarchy. One fourth of area in western and southern Manipur came to be known as liberated zone and state Govt. put no central force, there and declaring that zone as POLICE SECTOR with literally No Police.

3. Magistrates jittered to try convicts in their court room(s). A special cell was established at Liemakong within cantonment area and Magistrate(s) used to be taken there under escort to & fro for trial of the convicts. The DDO's used to be made responsible to the UGs designated officers for government employees for deducting 15 % to 25 % of their pay at source and deposit at stipulated RV (rendezvous) fixed for the purpose.

It went on to the extent to direct departments to add such deductions in annual budgetary outlays & show to their representatives for approval - a game plan till detected on close of financial year when centre received no utilization certificates and naturally all developmental plans stood still & were hampered. It gave birth to (each) departmental extortionists too.

Duplicate staff enrolled and when MGEL was rectified a surplus of 30,000 employees was detected (at much later stage though).Corruption which was already high touched new highs and also started evolving new innovative shapes. Linkage with UGs which was earlier fearsome became now a matter of PRIDE and BOAST to judge ones' social status and most of them adopted role of negotiators between UGs & extortionees.

Media (Print & electronic) stood fully paralyzed & penetrated. It was under these circumstances (though it is just a, fraction of overall worst situation) which author could attempt to depict condensedly was responsible for the state invoking AFSPA. 61 Mtn Bde, 59 Mtn Bde Later 44 Mtn Bde with 9 Sect AR smashed the PLA & PREPAK to no breathing capacity.

However after a gap of a few year more groups like RPF, KCP & PULF, KNO emerged N . Bisheshwar group was totally neutralized. 9 Sector AR with one Army Bde were left to control the phoenix like surging urban insurgency which was of new dimensions to Manipur.

The other Bde was placed at Ukhrul to deal with NSCN (IM) and remained so till signing of CF with GoI. HQ 57 Mtn Division who used to be at Silchar shifted to Liemakong and a new HQ GOC AR known as IGAR (South) was raised in 2004 (later) and inducted to Mantripukhri.

Despite the prized catches, people's outcries against militant activities of killings & extortions, proliferated UGs formation & formations within formations, no CM after RK Dorendro- say Sarvashri, Rishang Keishing, Y. Shaiza, W. Nipamacha, R.B Singh & current incumbent Ibobi Singh could think of lifting AFSFA 58.

Ibobi's tryst with CSOs crying wolf in AFSPA and partial lifting from Municipal areas has almost been honoured by the various fitments of societies but CSO's/Senior Citizens/intellectuals have not taken any lead in this respect other than highlighting violations of HR by the SFs & Police. No efforts have been put in by any individual/groups to persuade UGs to negotiation table.

If all such development are given space in this important article the very purpose of tick-talk on AFSPA will go into oblivion. Hence author deviates from here to go onto the focus of the subject.

4. On what occasion army can be called upon?

Only Two:

One, to control the mob when all ringleaders are set to destroy public property and disturb peace and tranquility, Requisition has to be from the DC or his representative and a magistrate has to be present on the site. Situation once brought under control, is handed over back to Magistrate requisitioning the armed forces (AA deals with this aspect). It can be on one or many occasions or as and when situation warrants but to be decided by the civil administration only. For causality (ies) or even caused death no case can be registered against Armed Forces taking part in it. But it is occasion based.

Two, short term or long term invocation of AFSFA if armed forces intervention is needed by the civil administration under situation(s) as amplified in para No 2 & 3 above as related to Manipur

PECULIARITY OF ACT: As amplified in Part I it is a civil Act. It empowers or enables Armed Forces to conducted operations against militant separately or in conjunction with civil police to assist civil administration restore their lost controls & checks on law and order dynamics but overall judicial administrative and executive control fully remains with civil administration - who rather assist SFs in achieving their task by all means "To give legitimacy to it".

It becomes a source of strategic or combined commands with CS as the head. That is why many useful clauses have been added. DO & DON'T's by the Apex Court and Commandments of CO AS are issued for strict compliance by troops performing duties under this Act and these have been fully upheld by the Apex Court- .

One may escape Apex Court for want of telescopic supervision and inadequacy of evidence but cannot from COAS Commandment since people in uniform are not afraid of giving evidence against uniformed person at any C of I ordered by the Formation Commander under whose jurisdiction such violation against HR happens.

5. DOES THIS ACT DESERVE TO BE CALLED DRACONIAN? No. There is nowhere, legal experts, law makers or the highest authority (Civil) have given it to be recognized as such in black and white. It is just like other normal Acts. Also nowhere Armed Forces/CPMFs using it have used it in vengeance. Cross fire killings have happened which are unavoidable. In Manipur where law and order was drastically attempted to be controlled by lawlessness and lawlessness was to be curbed by law came under heavy contradictions & lawlessness amongst lawless too created further miserable conditions for ordinary peace loving people.

I do anticipate some of the readers will take on me to take sides with SFs on the killing of Manorama Devi which is main cause of agitation against AFSPA/ And I do not hesitate in saying that once she was taken into custody she should have been dealt under law. But her links / background as per intelligence agencies and insighters( she being under scanner of the SFs & Police) ever since divulgence of her plans on mobile sets to blow off AR gypsy/ or any vehicle that too in front of entrance on NH 39 was on the air waves' operations & counter operations were on.

And so it would have it, UGs succeeded in AR gypsy blown off 10 - 12 feet high in the air. Right on the Koirengi road before her arrest. This case being subjudice author is not delving into further but because of this and her arrest & death led to blowing of another vehicle of AR at Malom immediately followed by gunning down of 10 civilians nearby (again under controversial claims) which appears to have impelled Irom Sharmila to go on fast unto death for complete repeal of the Act. This interlinked and inter - related incident is one & the only one in all its manifestations. Just like egg and hen theory (which came fast).

6. Other than this, law abiding citizens, government employees and those who find solace from troops operating under this Act definitely draw much more good than the minuscule side affects. So to term the Act as draconian appears to be superimposed by vested interestees specially the human right activists, frontal organizations etc., The Act was enacted in 1958 when Manipuri's on SFs roll were far and few.

Today in 2010, there is 32 % representation in all ranks with CPMFs. In the Army also, it has gone up considerably high but since Army does not permit access to this data to the researchers, author is unable to say the percentage. When our own boys from same state are operating under a Coy Cdr, can any sensible JCO or even officer expecting bullet from other side afford to go morally so low in the denigrating activities of rape & removal of valuable etc., for carrying home as mementos?

Act is useful, may not be repealed, but modified and there is extremely good proactive syenergy in the operations of civil police, SFs and civil administration. militant activities have been reduced to the desirable extent. now it is civil administrations turn to enable it.

7. THEN WHAT CAN BE DONE. Some questions! Will the AFSPA be repealed? Ans: Doubtful. Will the AFSPA be modified? Ans : Most likely, but up to what extent difficult to say. However, the best can do the civil administration picks up its act and Armed Forces are withdrawn from IS duties. But one thing is sure PM has desired to add human face to it which covers most of the answers to queries. We have to wait for that.

Conclusion

In fine, we must not call the Act as draconian. There is no need to paint uniform people as diabolics since they are from within our own country and part and parcel of same social groups, perforce engaged in curbing lawlessness - a most sacred duty of creating peace environments & ensuring national integrity, as laws to run any state within rules are to be respected and treated as sacred. All stakeholders must put in their best efforts to create conductive environments for state to function and enable the state machinery to prevail upon UG outfits to negotiation table to sort out the basic issues.

In Manipur there are more than one basic issue putting stake holders in quandary ranging from sovereignty to self governance to integrity v/s disintegrity, spawned by ethnic revivalism and even societal dominance perceived/planted or otherwise with unequal laws for valley & hills. Imagine the money being consumed in curbing insurgency & fighting militants.

This all affects state exchequer and developmental plans. Same money can be better utilized in education, health, power and communication sector. Let us divert our energies now being wasted in fighting AFSPA which is beyond us. AFSPA is being politicized which is not the grain of Armed Forces as Armed Forces mean business and that is to protect IBs for National Integrity and ensure internal security from enemies within. Government is better informed on this subject. It may be easier to withdraw the Army/SFs to cantonments with our active participation by ushering soothing & peaceful surroundings, Then the AFSPA will automatically recoil till needed again if we persist.

In view of above, readers can analyze themselves about Armed Forces effort, role and degree of resisting repeal of the Act. It is quite true Army on IS duties has to be given legal protection, like Cr Pc for Police as said in part I. At the same time think it over, is it fair to allow army man's blood flow while protecting the blood of innocents & law abiding citizens and also no protection to his lawful performance of the national duty by a LAW/ACT which is well protected under & like AFSPA 58.

However with opening of HR cells at Corps level, consistent orientation of young officers & JCOs to understand their moral duty & role in changing India and ethical interpretation of the Act the unpleasantness & irritants in arrogant use of power can be circumvented very easily. Indian Armed Forces have never earned any bad name while performing duties on the foreign soil when deployed under UNO then why same can not be done on our own soil ???

I wish to quote Stephen Cohen on the Indian Army "India has virtually ignored the military as a factor in Nation building. This is surprising, for the Military had a profound impact on the course of nationalist politics and also upon policies after 1947." Fault is not with AFSPA, it is with chaotic conditions created by unlawful.