'Enabling Provision?': BJP blocks, Army argues, Delhi dithers
- Hueiyen Lanpao Editorial :: September 20, 2010 -

Despite the endless heartrending wailings of the people of J&K and Manipur, despite the numerous deaths and injuries, fake encounters, involuntary disappearances, instances of human rights violations, massacres, and so on in these two Indian states particularly, the origin of all these violences–the draconian law called Armed Forces (Special Powers) Act (AFSPA) quite appears to be destined to stay forever.

The present United People's Alliance (UPA) government at the Centre led by Congress doesn't look ready either to amend the Act or lift it from anywhere in J&K and Manipur.

Till last week, the UPA government was almost partly willing to make some dilution with a view to making the law "more humane." But the top brasses of the Armed Forces of India and the Opposition BJP repeatedly warned the Centre not to either dilute the law or remove it even partly from anywhere in J&K.

The Army and the Air Force chiefs said that the forces need legal protection, i.e. AFSPA. They argue that the Armed Forces are called in to help the civil police fight the terrorist/insurgents, and if the officers or personnel are going to be prosecuted for every action they take, why should their (Armed Forces') help be sought ?

If the nation has to defeat the secessionist groups, the Armed Forces have to be empowered by a strong set of laws, the Armed Forces chiefs argue. The Chief of Army Staff, Gen VK Singh has said that AFSPA is an "enabling provision" and not "arbitrary."

At the same time, BJP and its allies have steadfastly opposed any form of amendment to the existing provisions of AFSPA or its removal from any part of Kashmir. All the BJP leaders, to name a few, Opposition leader in Lok Sabha, Sushma Swaraj, senior leader LK Advani, Arun Jaitley, etc have contended that lifting AFSPA even partly from some areas in Kashmir or diluting its present provisions would amount to surrendering to the separatist groups.

The BJP leaders see Pakistani hand in the weeks-long turmoil in Kashmir which left scores dead and more than hundred people injured. On the other hand, the Left parties wanted partial lifting of AFSPA from Kashmir.

The situation in Kashmir has been somehow brought under control by imposing curfew for the time being. But with so many people killed and injured in firing by the security forces within a few months and none of the SF personnel having to be accountable for committing excesses, it is very unlikely that the people of Kashmir would keep quiet and try to forget the violent happenings of the recent past.

The mass movements that had been seen during the recent times are not just a movement against the Army, Central Para Military Forces or the state police and AFSPA. The movement supporters' main slogan has been Azaadi of Kashmir.

Because of the continuous violent confrontations between the protestors and the SF for weeks, normal life in Kashmir had been badly affected. Schools and colleges, business establishments, financial institutions, etc had been closed for long period. The irate people of Kashmir, specially the youth had resorted to retaliation against the SF by throwing stones and slighshots.

Chief Minister Omar Abdullah had met Prime Minister Manmohan Singh, Congress President Sonia Gandhi, Home Minister P Chidambaram, Finance Minister Pranab Mukherjee, etc and had urged them to lift AFSPA from at least four districts in J&K as a step to pacify the angry agitators.

For a few days, it looked like the Centre was going to lift AFSPA from a few districts in J&K. There were even reports that the Centre was going to hand out a peace package as Eid present for Kashmir.

But the Centre stopped itself, and instead the Prime Minister convened an all party meeting where a decision on a joint delegation of different political parties visiting Kashmir to talk to the separatist groups and the youth was taken. The all party delegation would be visiting Kashmir today.

But the separatist leader Geelani has snubbed the purpose of the visit and refused to meet the delegation. No doubt India faces a serious problem and challenge in Kashmir.

On the other hand, it's still more clear that repealing or amending AFSPA is not on the Centre's agenda as yet.