Notwithstanding the current spell of uncertainty in the J&K state, a new battle has emerged on the scene where the country’s military top brass and political leadership have locked horns on the issue of Armed Forces Special Power Act (AFSPA). Following reports of misuse of AFSPA, especially after a series of fake encounter episodes at the hands of army personnel and other men in uniform surfaced, and to control those men in uniform engaged in human rights violation, the central government started mulling amendments to the Act. The dilution process of the Act was yet to pick up the pace, when in a surprising statement the Army Chief, General VK Singh, spoke against any move to dilute the Act. He called this Act as a legal protection to the men in uniform while dealing with a situation like prevailing here. The army chief spoke very cautiously and meaningfully on the reported misuse of AFSPA, saying that ‘adequate measures have been instituted at organisational and functional levels to ensure that the powers entrusted through the Act are not misused.’

He even went to the extent that the demands for dilution of the Act were being made for “narrow political gains”. Even as the army came out with a corrigendum diluting the army chief’s remark towards political leadership, the fact is that the army top brass’s displeasure has forced Prime Minister Manmohan Singh and the Home Minister P Chidambaram to slow down the dilution plan of the Act and there is every possibility that AFSPA may continue in its basic form.

Notably, the continuously changing versions of the army and numerous media reports on the incident of fake encounters have given credence to the suspicion that the conduct of the armed forces, particularly the army was not aboveboard. The army cannot dismiss every fake encounter case as an isolated case of wrongdoing and the series of such incidents only can be summed up as a ‘meaningful strategy to counter separatist cry’. Simply, such incidents under the cover of AFSPA have directly helped to sustain the anti-India stance fashioned by the separatist cadres in the state.

This kind of intervention in political affairs by the army top brass is not an ordinary situation. It is an indication that the men in uniform have gone beyond their identified role. Even as the case for amending the Act is purely a political one, the army’s point of view in this regard reflects nothing but its narrow security-centric angle. Intervention of army top brass in this case suggests that for them AFSPA is simply an operational issue. But weighing the issue by any standard, it is not an operational issue. No doubt it is a legal protection to armed forces in a situation like prevailing here, but the ‘intentional’ extensive misuse of the Act has resulted in the widespread revolt by common people (suppressers) against it. This revolt has resulted in a demand for repealing the Act and this situation is purely a political one and not the operational one. So, the army’s view in this regard should not hold sway and in no case be the deciding factor.

A section of political analysts across the country have already been alarmed by the army’s intervention in such cases which are political in nature. They have opined that in any case, there is no reason why the political leadership should feel unduly constrained by the Army’s stance. The chain of accountability is clear: the military is responsible to the political leadership, who in turn are answerable to the people. The general opinion is that the army must also realise that the line between advising against a course of action and resisting civilian efforts to pursue it is rather a thin one.

There is no doubt that the role of army in a conflict zone is of paramount importance. But at the same time the men in combat dress have a huge responsibility of paying greater attention to legal and moral issues while handling the conflict situation. Otherwise, this is simply an organized disorder. Losing the sense of right and wrong is dangerous on part of the men in uniform. If the actions of armed forces are not consonant with the norms and values appreciated by the people, then peace in the conflict zone is a remote possibility.

The armed forces should not view the AFSPA as a bold gambit to finish the separatists. The operation of the Act, particularly its misuse, has, in fact, fueled more strength and confidence among the separatist cadres. Let the men in uniform understand this fact human rights violations under the cover of AFSPA are permissible in certain circumstances is wrong. The essence of human rights is that human life and dignity must not be compromised and that certain acts, whether carried out by State or non-State actors, are never justified no matter what the ends.

If ground situation is taken into account, then the AFSPA has clearly failed to contain, let alone resolve, the core issue and has proved simply an ad hoc measure where we have always observed lull before storm. From broader perspective, it is also visible to the naked eye that AFSPA has not solved even a single problem in India, but has not only broadened but complicated the conflicts. The Act while violating basic tenets of criminal justice system has weakened the democratic setup, as its provisions have put a big question mark on the supremacy of the judiciary and primacy of the rule of law.

Meanwhile, yet again, the eruption of turmoil suggests that the State government has failed to respond to the formidable challenge of providing a new culture of governance where resolution of the conflict is given priority. By debating repealing diluting or restricting AFSPA to certain pockets of the state is simply wastage of precious time. There is a dire need that in spite of all the complexities, serious and sincere efforts must be taken to resolve the issue by all the parties concerned. Ending the environment of turmoil in Kashmir shall have to be followed by initiating the process so as to arrive at a position where the people are allowed to air their views and voices. There are certain initiatives, which need to be taken immediately. These include release of political prisoners, proper and just rehabilitation of all the victimized persons, and at least demilitarization of civil areas is a must. This would be advantageous to everyone.

(The views are of the author and not that of the institution he works for. Feedback at sajjadbazaz@greaterkashmir.com)

Lastupdate on : Sat, 3 Jul 2010 21:30:00 Mecca time
Lastupdate on : Sat, 3 Jul 2010 18:30:00 GMT
Lastupdate on : Sun, 4 Jul 2010 00:00:00 IST