Fighting inhumanity with inhumane act In the fight over AFSPA humanity is defeated

 

 

Internal security has been a major hurdle in the development of India. Our leaders faced stiff challenges to maintain the territorial integrity of Independent India, as major challenges were faced in North Eastern states in its infancy stage. It led the implementation of AFSPA 1958 in the state of Manipur and Nagaland. In the words of the then Home Minister G.B Pant “there, they are indulging in arson, murder, loot, dacoity etc. So it has become necessary to adopt effective measures for the protection of people in those areas in order to enable the arm forces to handle the situation effectively it has become necessary to introduce the bill.”

An incident of alleged encounter by Assam Rifle in November 2000 killing of 10 people in Imphal drove Sharmila Irom to sit on fast. She is demanding repeal of AFSPA 1958 from the state of Manipur. Her 14 year long fast has earned her the title of “Iron Lady” of Manipur. In a partial success to her effort, AFSPA 1958 has been listed from certain limits of Imphal rally following the agitation of “Meira Paibis” in the wake of killing of P. Manorma. Undoubtedly her fight is not lesser than the fight of Mahatma Gandhi in freedom struggle. She is actively fighting for her region, which has been facing inhuman intrusion of Armed Forces, for example heinous crime like rape and killing of innocent people. Her fight is for the people of that region, without getting her very own individual interests. But still I would like mention here that any struggle or any revolution doesn’t have only one single angle to see the whole story. I have tried to see this struggle of Sharmila Irom from different perspectives also, which may force you to think differently.

The act provides sweeping power to Armed Forces. This act authorizes officers up to   the rank of NCO (Non Commissioned Officer) i.e. a head constable to arrest without warrant, enter and search any premises without warrant which includes power to break open law etc. and fire to kill if he is of opinion that it is necessary for maintenance of public order. It tantamount to heavier penalty to suspect than a convicted person. For example section 144 of IPC prescribes punishment for one month imprisonment whereas a person can be killed for the same act. Beside this act it gives virtual impunity as it stipulate the provision of prosecution sanction from executive.

Certain incidents like killing of P.Manorma in Manipur and firing in Kohima(Nagaland) in 1997 has sparked widespread resentment among the general populace. They feel that this act has failed to resolve the issue and somewhat impediment to the peace in any region of North East. It also alienates them from mainland India. Human Right group and NGO have been raising question of its constitutional validity and compatibility with international laws. They accuse security forces of Human Right violation and abuse of power. Similar demand has been raised by J&K Chief Minister Omar Abdullah. However he seems to step back due to attack on security forces in recent past. It is true that AFSPA 1958 has not resolved the issue but brought much required peace in the disturbed area. Heavy influx of tourist in J&K is a vivid testimony of this. Besides AFSPA was introduced in the state of Punjab in 1983 and was repealed in 1997 after successful quelling the militancy. So it can’t be said that AFSPA has not served its purpose. We say that “truth is truth” there is no “if and but” in truth, so there is one more truth which has to be considered equally that no Human Rights group till date has raised the issue of Human Rights violation when so many security personnel get killed brutally either by naxalites in Chhattisgarh, Jharkhand or Bihar, or by Maoists in North East region. Every year the list of martyr is released on Police Martyr day. From 2006 to 2009 in North East Region around 273 security personnel got killed and around 1600 civilians got killed by militant. Aren’t these people having right to life? No Human Right activists raised voice against these militants instead of that only Armed Force comes under question.    Repealing of this act means no Armed Forces would carry out operation. Armed Forces will be demoralized and the militants will have upper hand. The militant groups will instigate the people to initiate legal cases against the Armed Forces in case of offensive action.

The hand of foreign countries and foreign funded NGO in creating disturbance can also not be ruled out. After all who are providing logistic and suitable platform to militants. Hence a well pondered thought is required on this issue.  In the changing scenario we also need to look deep into our various commission report which unambiguously recommended repeal of AFSPA. The option of amending AFSPA or bring necessary change in existing other law may also ameliorate the situation. Presently CAPF (Central Armed Police Force) engaged in anti naxal operation without cover of AFSPA. This act is legacy of 20^th century and we must humanize the face of law in the 21^st century. I pay a respectful salute to the “Iron Lady of Manipur who is fighting hard regarding the repeal of AFSPA, but we should not forget that a coin always has two sides.