The Armed Forces Special Powers Act (AFSPA), one of the most draconian laws that has become a bone of contention between human rights activists and the Government of India has got new dimension with an army General’s calling it the armed forces’ holy book. There are people who want the government to amend the law to the extent that it does not allow the armed forces to violate human rights. Especially with regard to Kashmir, the law is being misused by all and sundry giving complete impunity to even a soldier in any act of violence against humanity. This has emboldened the armed forces of all hues to commit crimes—rape, murder, kidnapping etc—and not being taken to task by any court of law. The Shopian double murder case had yet to find the culprits when the Machil fake encounter got unearthed. This was still to be investigated when Tufail Matoo’s gruesome murder by armed police shattered entire Kashmir. This has started an unending trail of death for teenagers in Kashmir, especially by the CRPF, in Srinagar and now in Sopore and Anantnag. Virtually the CRPF has gone berserk forcing even the local law minister to admit that “the CRPF doesn’t listen to the CM”.

 As the demand for the amendment or withdrawal of this draconian law became more pronounced, people were hoping that the Government of India would at least make efforts to amend the law, if not completely withdraw it, so that its forces were made accountable for their omissions and commissions. Although nobody had any doubts in mind that there was a difference of opinion between the army and the political establishment on this issue, it was commonly believed that the GoI would succumb to pressure from the CM and other mainstream parties and come up with some kind of succour to Kashmiris on this count. However, an Army General’s new definition of the AFSPA followed latest by his chief’s taking on politicians has changed the entire perspective on the law and brought the army and politician against each other. The Army General’s and Chief’s statements have irked both separatist and mainstream politicians. However, the latter are finding themselves threatened as this is a direct challenge to their authority. And, it is here that we need to be very concerned not only because it sends dangerous signal to Kashmiris but also the entire political system of India. When the army thinks itself above the political system, it means that they are ready to take over the system as they do in Pakistan. Should we take that the army chief is telling the politicians in Delhi that they should not think that democracy and democratic institutions would be allowed to work without them being considered as the most important element in the system? No wonder that Kashmir conflict, Naxal onslaught, Bodo insurgency and other conflicts that have bereft India would, one day, give us military raj here and, thus, end the myth that India is a democracy?

What is holy about the ‘holy’ book of the armed forces and why can’t the Army General like to change it, needs to be understood in the backdrop of the situation that has engulfed Kashmir since the 1990s of the last century. With the eruption of the armed struggle in Kashmir, there started a new ‘trade’ in which the army, paramilitary forces and other agencies made hey while the sun shone. This ‘trade’ was done through local conduits who prowled around cities and villages looking for soft targets that could easily be bargained for their release from torture centres. There was a common perception in the public that Kashmir had become a haven for armed forces and many in them would grease the palm of their officers for transferring them to Kashmir. Although its truth is difficult to ascertain, people did know the conduits who could be contacted for the release of their relatives. This is one of the aspects of the ‘holiness’ of the army’s holy book which is why the General would not like to amend or withdraw it.   

Another ‘holiness’ of their ‘holy’ book is lessons of ‘piety’ that it teaches to the ‘pious people’ in the uniform. Kashmir and Kashmiri Muslims are their enemies and therefore they kill them for their sport as Christopher Marlowe would sing. Kananposhpora rape had not been forgotten yet that Asia’s and Neelofer’s gruesome murder happened. Who did these? Who killed innocent civilians in Machil in the name of infiltrators? Who killed Wamiq, Tufail and eight teenagers one after the other in the name of maintaining law and order? These ‘pious people’ cannot go to Naxal areas for the same job because they are their own people. In spite of repeated demand from various quarters, the army Generals and their chiefs are not willing to send their ‘pious’ men to Chattisgarh where Naxals have been killing the CTPF men mercilessly. If the army could not go there, why is not willing to leave Kashmir unless there were some motives behind it? There they can’t even use batons, let alone kill, and, here, they have got the license to kill at will! Under the circumstances, they would justify their action as holy and therefore can’t even think of punishing their ‘pious’ comrades inflicting pain to Kashmiris and molest their honour.

Ask any General in the army, he would tell that army is not meant for maintaining law and order; it is the job of the police or the security forces. When the Naxals butchered hundreds of CRPF men in Chittisgarh, almost all political parties demanded that the army should be brought in to curb the menace. However, the army chiefs in one voice said that they could not do so as it would bring them a bad name. However, no army chief has said the same thing about their presence in Kashmir. They have been claiming that they are fighting war here. What kind of war is the army fighting in the valley? If they can’t do it anywhere else, why in Kashmir only? This ‘holy war’ against unarmed and innocent civilians is the result of the training that the army personnel are given in dealing with Kashmiris and Kashmir. Therefore, it is no surprise that the Army General and his chief would not like to show that their training manual is wrong and inhuman and therefore would not like to change or amend it.  The Ram Sena has been told to annihilate  the ‘enemies’ who do not accept Rama Raj as the only way of living. They did so in Gujarat where no AFSPA was in vogue; they do so in Muslim majority areas in the UP and they feel no shame in doing that in Mumbai where the only targets are Muslims.

As mentioned above, there is a very dangerous dimension to what the army chief has said about the politicians demanding the revocation or amendment to the AFSPA in which he targeted them for gaining some political mileage out of it. They have directly challenged the political authority and political system of the State, in particular, and the entire country in General, that the army is superior to the system.  They seem to say that politicians and the political system in India is of no consequence and the army can do whatever it wants to. The law minister of the State and his party termed the army chief’s statement ‘unfortunate’ as they, perhaps, understood the latter’s argument did not auger well with the established norms of governance, ie, democracy. In a democracy, the three units, Legislature, Executive and Judiciary, work in their own ways and within their own domains. However, law-makers are the real players as they directly represent the people in whose hands the real power lies. However, if they are made subservient, it would lead to anarchy and dictatorship. The army chief’s statement should therefore be read in this backdrop, as a strong signal to India and Kashmir, that the army could deal with any situation in their own way whether politicians like it or not. 

The Army Chief and his General need to be told that the holy books are meant to be understood and implemented with utmost care even in war times. They never allow their followers to follow the path of violence, and, surely, not to kill anybody in cold blood as the ‘holy’ men in armed forces do in Kashmir. Holy books do not allow their followers to dishonor women, destroy property, plunder and loot as the armed forces have been doing in Kashmir. Under the notorious AFSPA, the armed forces have got absolute authority to destroy and kill Kashmiris as has been witnessed for the last twenty years and, more recently, during the past two weeks. The way these killings have taken place has moved even the mainstream faithful servant of India like Ali Muhammad Sagar who could not resist calling an emergency press conference in the dead of the night to condemn the unnecessary killing of innocents in Sopore. Although he has been disowned by his Chief Minister, he is on record to have said that that the CRPF has gone berserk and do not listen to the CM. He also appealed the Indian Home Minister to personally intervene so that the armed forces listen to the Government which is finding itself in danger.  It is interesting to note that the Army Chief who castigated the politicians for asking for revocation of the AFSPA is asking for some ‘political initiative’ on Kashmir. Could he tell us what political initiative is possible when his ‘pious men’ have unleashed a reign of terror in the valley? 

(Prof. Muhammad Aslam teaches at the Department of English, University of Kashmir)

Lastupdate on : Mon, 5 Jul 2010 21:30:00 Mecca time
Lastupdate on : Mon, 5 Jul 2010 18:30:00 GMT
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