On the question of the Armed Forces Special Power Act

Dr L Krishnamangol Singh *

Protest in front of Patiala Court, New Delhi showing solidarity to Irom Sharmila in March 2013 :: Pix - MSAD

In the first place, a pertinent question is whether we should support or oppose the repeal or withdrawal of the Armed Forces Special Powers Act, from Manipur? In fact, there is now wide public demand for the repeal of the AFSPA from Manipur, which cannot be easily fulfilled both by the Government of Manipur and the Central Government, considering the security situation of the state. There is also prevailing public opinion that the presence of the military or military base under the Act seriously affects the civil life or the public life in one sense.

In another sense, both the State Government and Central Government are of the view that it (the Act) will protect the people and the state, considering the presence of threats and violence, which are frequently happened in Manipur. In fact, it is my observation that the present insurgency movement is deeply influenced for the change of power of the "ruling class".

It is also known that their argument is based on the "historical interpretation". Thus, the armed revolution can be addressed at the intellectual and political levels through open discussions, debates, dialogues, etc. without using weapons or destructive violence. However, both the Central and State as responsible governments play or seek to play strategic role in order to control the unlawful organizations or movements by using all sorts of military and armed personnel in the interest of the people and the state. Thus, the conflict arises between the Governments (Centre and State) and these unlawful organizations.

In fact, the time is ripe for the Governments to formulate a policy mechanism or a paradigm shift in the policy of defence and security for the emergence or mobilisation of intellectuals or group of social leaders comprising various experts in order to play mediating role and help both sides for a solution or a truce since the general public has suffered a lot for a long time from the presence of both the military deployed by the Centre and the unlawful organizations.

Thus, the emergence of a "third sector" will be the real beginning for peace and development in Manipur. Thus, the State Government needs to work together with the new class under certain rules and regulations in order to play themselves or develop themselves as an organised body/institution or strategic policy institution that can address the critical issues of the movements and provide benefits and protection to the people and the state.

Therefore, the Governments (both the Central and State) need to think very seriously for a pragmatic line of solution based on the empirical evidences or practical experiences and waves of movements that happened in many parts of the world. In fact, the organised new class of policy institution needs to consider for one common agenda for peace and development, and stand for the society as a whole. As individual cannot still address the present issues of the repeal of AFSPA, the organised policy planning institution can play a pivotal role in mediating the issues.

As in respect of the participative role of the new class of institution, the State Government and Central Government need to extend maximum support to the institutional role or recommendations of the new class of intellectuals, experts, public leaders, etc. in addressing the issues of the repeal of the AFSPA from Manipur. In fact, it is essential to achieve the principles of equality and protect the human rights and rights of the state. Thus, apart from the notion that the new institution is imbued with the spirit of the state, it also needs to consider that there is the need for correcting the defects of the state.

Today, the theory of the modern government is based on the premise that the Government can address many critical issues. In fact, in a democracy, a country or any state of the country has its own established laws, and other rules and regulations for promoting the efficacy of governance. Again, the country has its own laws for strengthening the internal and external security. In the context of Manipur, the Central Government has imposed/extended the Armed Forces Special Powers Act in the State in order to maintain the internal security, and the external threat that may happen at any time. This observation implies that the AFSPA is imposed/extended in Manipur for more than one objective.

Today, the strength of a democracy in a country depends on the military capability, clean and powerful government that disobey the unlawful activities and support massive programmes of development for the people. But, it has been observed that when the AFSPA is imposed or introduced in a small state like Manipur, the Act operates against the will of the people or the general mass of the people. Thus, it has been frequently argued that the Act affects the civil rights or the entire human rights and that it should be repealed or withdrawn from Manipur. And, there is still the question of individualism for the repeal of the Act from the State.

But, there is apprehension on the part of the State Government and Central Government that the immediate withdrawal of the AFSPA from Manipur will have severe repercussions on the law and order situation in the State in view of the unlawful activities. Therefore, the people can be partners with the State Government in finding solution to the AFSPA.

But the Government is not willing to respond to the demand for the repeal of the Act. Thus, the conflict still continues leading to a situation in which people are helpless when there are clashes. Thus, there is now sharp voice or comment that the presence of the military in Manipur under the AFSPA affects the human rights or the citizenship rights.

It is in this context that the following policy measures may be briefly set out in order to address the critical issues of the AFSPA. In the (i) First, the Act needs to be extended to the border areas for the purpose of defence of the state and the country (India) against external threat and other forms of rebellion.

(ii) Secondly, adequate number of State armed personnel under the State Government needs to be deployed in different parts of the state for internal security and defence. And presence of such armed personnel need not affect the human rights or the citizenship rights. In fact, this new defence model for internal security can be an alternative policy measures or Government action that can replace or repeal the AFSPA from Manipur without affecting the security strength and public life in the State.

It can further be pointed out that since AFSPA is above the state or the State Government in its entire strategic framework for the control of unlawful organizations (i.e. the insurgency movements) in Manipur, the operation of the Act in the State is virtually undemocratic. Therefore, the Act needs thorough review and re-drafting before using for the control of the unlawful organizations or movements. (iii) Thirdly, another critical policy issue concerning the repeal of the AFSPA from Manipur relates to insurgency movements.

In fact, the insurgency movement in Manipur is like a business cycle or trade cycle. For example, the underground activities can reach peak during the period of expansion. Like business cycle or trade cycle, they can expand from the trough to the peak. And the peak point is the period of boom. Thereafter, in trade cycle theory, there is the period of contraction leading to recession and depression. And, once contraction starts, it is possible that the business activity ends with the stage or level of trough (i.e. the lowest point of business activity).

Thus, it is observed that the insurgency movements or underground activities are associated with the phases of fluctuations. In fact, the above observation is the theoretical possibility of the underground organisations. And in reality, we cannot definitely say anything about their activities when they are at the trough. The analysis of the above theoretical possibility is shown in Figure 1. And, in reaching boom, there are also many factors that carry the seeds of self-destruction.

Thus, our analysis has revealed that the presence of the military or the armed forces will be very high during the peak period of underground activities. And, it is observed that this is the period of human rights violation and all other crimes that may happen in the society. Thus, both sides (i.e. the Government side represented by the military or the armed forces and the underground side) need to think very seriously about the violation of human rights and all other disturbances in the public life or social life in the State.

(iv) Finally, it can be briefly concluded that, while we cannot say anything about the insurgencies, the Central Government and State Government can revoke or repeal the AFSPA from Manipur in order to protect and promote the human rights in the State. And, in its place, the Centre and State Government can strengthen state security forces in Manipur as the maintenance and promotion of law and order is the responsibility of the Government. In fact, security or the defence is a must for any democratic government.

In our defence model for strengthening security and protecting human rights, it is essential to point out that the military forces or the armed military forces can be deployed for the purpose of defence in the frontier or border areas of the State. In fact, people cannot live in a lawless society.

Thus, it is interesting to note that the armed forces were abolished in 1948 in Costa Rica (Central America). And the country has become an oasis of democracy in Central America since then. Manipur can also become an oasis of democracy in India after the repeal or revocation of the Armed Forces Special Powers Act without further delay.