TODAY -

Letting the writ of the military run : Undeclared state of war
- The Sangai Express Editorial :: December 07, 2012 -

Irom Sharmila
Irom Sharmila :: Pix - TSE



War in an undeclared state of conflict. The irony does not end here.

Largest democracy in the world, but where certain States are literally under the writ of the Army. A situation which is best explained by an Act christened the Armed Forces Special Powers Act.

Confusing ? But there is a method to this confusion.

Instead of addressing an issue which is political in nature, Delhi and to some extent Imphal, have deemed it fit to address this militarily.

This explains why an Army Act should be allowed to be in force for decades in the North East region and in Jammu and Kashmir.

A clear statement that Delhi is not ready to look to the obvious political implications dogging the North East region, Manipur in particular.

A measure to deal with extraordinary situations, this is what the infamous Army Act is all about, but since Delhi has been consistent in its stand that the Act should continue to be in force for decades, then the hollowness of it all rings out loud and clear.

Any understanding of extraordinary situation should come within a time frame and when this ‘situation’ stretches for decades, then it should be enough indication that the situation is no longer extraordinary.

Hence, the argument should run, the continued imposition of the Armed Forces Special Powers Act is nothing short of waging an undeclared war.

The method to the confusion that Delhi has sought to create all these years should be unmasked.

A proclaimed democracy, but letting the writ of the Army run in a region and the design of the Government of India should not be too hard to understand.

Moreover, it has also been proved that militancy in the region, particularly in Manipur, has not diminished after the Act came into force. This is the ground reality and the dogged refusal of the Government of India to acknowledge this conveys a sinister political ploy.

Anyone can be a suspect, and any suspect can be killed under AFSPA. This translates into everyone is guilty until proven innocent. Runs contrary to what the universal rule of law decrees.

However, there is nothing unconstitutional about the Act, as the Supreme Court had ruled in the petition filed by the Naga People's Movement for Human Rights many years back.

So a stand against the said Act would amount to opposing a legislation which has withstood the test of the Constitution of the country.

In other words this may also be interpreted as any killing carried out under the immunity granted by the said Act cannot come under the category of extra-judicial killing.

This should also annul all cries and protests against human rights violations committed by the security forces operating under the Act.

Amending the Armed Forces Special Powers Act is under consideration of the Government is the answer furnished by the Union Home Ministry, in response to a petition filed by former Health Director of Manipur, Dr Th Suresh Singh, before the Supreme Court on December 5.

This is interesting. So what clauses of the Act is the Government studying to amend ?

Given the staunch refusal of Delhi to acknowledge that it is not dealing with ‘any extraordinary situation’ in Manipur, it should not come as a surprise if the clause of the Act which empowers a petty official to order to shoot to the extent of even causing death is amended and the right to order to shoot is transferred to a senior officer !

The method behind the irony is complete.



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