THE AFSPA DEBATE - WHO NEEDS AFSPA, ANYWAY ?
The weary debate continues, but what leaves one bemused is a simple question - why don't the Chief Ministers who in their wisdom are displeased with AFSPA (Armed Forces Special Powers Act, 1958), simply revoke the Disturbed Areas notification which they themselves must have issued. The moment this happens - whoosh, the state and its CM are no more afflicted with the AFPSA ! Then presumably everyone is happy, certainly the Indian Army, who will no more be forced to perform the distasteful, dangerous and thankless job of physically confronting own countrymen/women in the arduous process of eliminating traitorously misguided compatriots and the imported bunches of terrorists, mercenaries and criminals. The latter would of course be happier, to see the back of the AFSPA and the Army, and would be able to exercise their talents in full!
A recent commentator ('The Tribune', 18 February, "Chidambaram's Confessions", by PR Chari) climaxes his opinion-piece by quoting the Finance Minister, who during a recent talk in New Delhi, said "I think you should ask this question to the Armed Forces and ask why they are so opposed to even some amendments to the AFSPA ………. ?" The commentator, (a bureaucrat, turned strategist) then indignantly berates Shri Chidambaram, for violating, while being a minister, "the ineluctable principle embedded in the Indian Constitution that provides for civilian control over military". Surely, our forebears who framed the Constitution were wise and astute enough and could not possibly have implied that seeking the advice of the Service Chiefs on issues of military import (and accedingto such sound advice) constitutes abdication of Civil control over the Military ! Today's Indian reality, where the civil bureaucracy has managed a stranglehold over our military affairs, effectively side-stepping and diminishing the elected (albeit uncaring) representatives of the Indian people (and their Armed Forces), is something to be constantly deplored, living as we do in a dangerous neighbourhood, and in a world where 'realpolitiks' is the mainspring for national policies and actions, not narrow sectional interests.
Much has been seen and heard in the recent years in the media, against use of AFSPA. This issue of the 'Defence Watch' repeats (see attachment) an opinion-piece for AFSPA, which was published in this journal, over two years ago. The article gives a stark perspective on APSFA, as seen by a soldier; it does not purport to be an official view-point; that is the domain of Service Headquarters.
For a rational critique of APFSA, it needs to be borne in mind that the Indian Army has no constitutional or legal authority to use force or fire-arms against anyone whosoever, except in war and when guarding the borders of the Nation. Like any other Indian citizen, the only legal right a soldier has is the individual 'right of private defence' (of life and property), which must be justified'post facto', in a court of law, and that takes years. Use of this provision to order (collective) anti-insurgent operations would not be lawful; it would mean diversion (and disablement) of individuals, whole platoons, companies, battalions or even brigades from military duties to court hearings apart from havoc in personal lives, which obviously is absurd. Calling up of the Armed Forces for "Aid to Civil Authority" though sanctioned by law, cannot even contain an insurgency or terrorism situation (read the article). So, if our politicians' governance cannot satisfy an insurgent electorate , or maintain law and order using state police or Central Police Forces, then help of the Armed Forces is needed. And before seeking that, some enabling legal provision has to be made, otherwise their operations would be unlawful and no one can order them to act unlawfully. AFSPA, consciously passed by the Parliament in 1958, provides this instrumentality. But the fact remains that if you do not like AFSPA (or any alternate legal provision provided), do not call out the Armed Forces but manage on your own - let them carry on with their job of meeting external aggression.
In its long past, it has not been the duty, tradition or the custom of the Indian Armed Forces to act illegally or unethically (or commit rapes or murders), as a matter of policy. Amongst the mass of humanity which constitutes it, aberrations will take place and are dealt with by the statutory Service laws, much more stringently and much more promptly than can ever happen in rest of the country (these aberrations remain statistically insignificant). So, it is always disappointing to see well-meaning, civic-minded fellow-citizens, passing snap judgments on AFSPA, without having made the effort to educate themselves on the actual methodology of counter-insurgency military operations, the ambiance in which troops operate, the practicalities on ground for the actual executor (the soldier) and the well-practised clever use made by the skilled, resourceful and motivated organisers of insurgencies, to exploit each and every action performed by the Armed Forces in course of duty, to defame them.
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