Extraordinary Conditions Demand Extraordinary Measures
- Armed Forces Special Powers Act -

Jasbir Sarai *

In the third week of March, just about ten days ago, the Army launched a massive operation in the Handwara forests of North Kashmir in which a group of terrorists belonging to the Lashkar-e-Toiba was intercepted and eliminated. The operation witnessed the martyrdom of eight brave soldiers of the Indian Army including a young officer Captain Mohit Verma and 18 terrorists. More recently on March, 30, a Police Training Academy in Lahore has been stormed by a group of heavily armed terrorists from the Taliban.

The encounter has led to the death of 25 trainees of the Academy and ten terrorists. The significance of this attack to India is that the place of the incident in Lahore is less than 20 km from the Indian border. It is evident that the threat of a spill over of terrorist activity from Pakistan to the border districts of India, especially Punjab and Kashmir, is now looming large and a new dimension is likely to be added to the already critical security challenges being faced by this region.

The gravity of the situation is not lost to the leadership of the Nation, the Union Defence Minister has, on March, 24, carried out an exhaustive review of the security situation and has directed the Army to deal with the situation with utmost firmness, the Chief of the Indian Army has given emphatic statements to assure the Nation that the Army is totally geared up to meet the threat. The Union Home Minister has also energised the intelligence agencies and the Paramilitary Forces and has voiced his concern on the developments taking place in Pakistan.

Even as the security apparatus of the Nation is being geared up to meet all possible contingencies in this environment of enhanced threat perception we have some people in Kashmir demanding a roll back of the security apparatus in the State. Their vested political interests have so clouded their vision that the danger that is lurking in the shadows is not visible to them.

They continue to parrot the demands of demilitarisation, revocation of the Armed Forces Special Powers Act (AFSPA) etc even as the security forces are loosing precious lives to ensure that there is no resurrection of terrorism that has plagued the Valley for almost two decades and that has been controlled with Herculean efforts of the security forces in concert with the people.

There is no denying that AFSPA gives some special powers to the security forces but it also has to be understood that extraordinary situations can be dealt with only through extraordinary measures. The Act is essential for the army to function proactively in counter terrorism and counter insurgency situations. When the enemy has penetrated within the civilian population it is he who has curbed the liberty of the people and not the security forces who are, in fact, trying to ensure that the right to life and dignity of the civilian population is not compromised by such mercenary and criminal elements.

No person on earth can function without the assurance that his actions will not draw punitive retribution by the State and the AFSPA ensure just that for the soldiers performing internal security functions. It also has to be ensured that terrorists do not misuse civil laws to get away with their nefarious activity, hence the need to fortify counter terrorist operations with special powers for search, arrest and detention.

The AFSPA does have provisions that curtail prosecution, suit or other legal proceeding against a person functioning under the Act except with the previous sanction of the central Government but this is definitely does not imply that the soldier is placed above the law of the land.

It only implies that he will function under a different set of laws. In any case the Indian Amy soldiers are subject to the Army Act 1950 which is invoked while investigating all cases of excesses committed in areas under the jurisdiction of the AFSPA and the Amy Act is by no means less stringent than the criminal procedure code of the Indian Constitution, in fact, justice is both apt and timely when delivered under this Act.

Take the case of the killing of two civilians by the Delhi Police in Connaught Place in 1997, the verdict was given by the Court ten years after the incident took place. It is evident that proceedings are also not devoid of problems and drawbacks.

The AFSPA is applicable throughout the State of J&K, yet there are no voices heard against it in the Jammu region including Poonch, Rajauri, Reasi, Doda or Kishtwar, the Ladakh region and the higher reaches of Kashmir. The most stringent calls for its repeal are emanating from a few districts of Kashmir that are partially under the influence of the separatist ideology and as such, this cannot be perceived as an overwhelming aspiration of the people of the State.

The reality on ground is that a majority of people across the State feel more secure with the presence of the security forces in their vicinity and would protest if the status quo is broken. Further, the forces are not prone to taking undue advantage of the powers vested upon them.

There are no incidents reported of misuse of the provisions of the Act by the armed forces in a major segment of the State on both sides of the Pir Panjal and in the Ladakh region. The provisions of the act are invoked by the security forces only when and where the need is felt, under normal circumstances the act does not affect the local people.

A word of caution for the security forces over here, there can be no smoke without fire and under the prevailing circumstances wherein the influence of terrorism on ground has waned to an extent the standard operating procedures should be reconsidered and made more people friendly regardless of the provisions of the Act. This would assist in building the confidence that would be required to meet the emerging threat.

Courtesy : ADNI