The Stepsons of India
By -V Avinash
In the early hours of 4th July 2004, Manorama Devi was picked up by paramilitary force of 17 Assam Rifles stationed in Manipur. The army said that she was a militant and executed her. Later her body was found riddled with signs of brutal torture and rape. Finger scratched, knife wounded and bullets ridden body was cremated by police as her family refused to receive the body calling for proper and independent post-mortem.
Four year back in timeline, on 2nd November 2000, 18-year old Sinam Chandramani, a 1988 National Child Bravery Award winner was rewarded with death by the Assam Rifles. Along with Sinam, nine others including a sixty-two year old women were also killed. The incident later came to be known as the “Malom Massacre”.
These incidents are serious human rights violations which are traced to the immunity granted to Indian security forces under the “in-human” Armed Forces (Special Powers) Act. This act passed by the Indian Parliament in 1958 as a measure against terrorist groups in regions termed as “Disturbed” (North East and Jammu & Kashmir). The Act was passed in the context of separatist movements and the violence caused by them. What was enacted on an experimental basis for the period of six months has remained for more than five decades.
Under the act, armed forces are free to fire upon or, otherwise use force, even to causing of the death against any person who is contravening the law. They can arrest, search without warrant and they cannot be prosecuted without sanction of the Central government. This massive power might have paved a way for the security forces to misuse their authority and trolled many women into a sense of shame and men into shadows of fear.
The act has been criticized by Human Rights Watch as a “tool of state abuse, oppression and discrimination”. Human rights groups like Amnesty International have campaigned vociferously against the legislation, which it sees as a violation of international human rights laws. The UN asked India to revoke AFSPA saying it had no place in Indian democracy as it clearly violates International Law. Along with International organization, naked protests and hunger strikers are exerting pressure on Government to repeal the act.
On 5th February this year, Mr. P. Chidambaram expressed his views on diluting AFSPA to be more humane. The Justice Jeevan Reddy Committee report also recommended the repealing of the Act. But yet, the army takes a very strong stand against any dilution or any amendment to AFSPA. This makes it difficult for the civil government to move forward.
The armed forces, especially the Chief of Army Staff, the present one and the previous one, have taken a very strong position that AFSPA should not be amended. The Army Chief General V.K. Singh says that “Just one summer of peace does not mean normalcy. Diluting of AFSPA in any form will be detrimental to national interest. Partial revocation of AFSPA will result in emergence of sanctuaries and safe havens for terrorists. “
AFSPA is a functional requirement for the armed forces in certain areas. This act had played a useful role at times in providing the much-needed legal protection to the army and para military forces while dealing with insurgency. The protagonists of the Act believe that extraordinary conditions demand extraordinary measures.
Army Chief said, though the degree of violence has decreased in the many areas of J&K, terror infrastructure in PoK is still intact and the operational flexibility of troops will be severely restricted. Moreover, efforts to stabilize and consolidate the situation in the state will receive a setback. The army states that for the men in uniform, the AFSPA gives them human rights protection as human right groups never speak against the violence committed against security forces.
But is the act serving its purpose? In 1958 there was only one “terrorist” group in the North East India. Manipur had two groups when the State was brought under the Act. Today, Manipur has more than twenty such groups, Assam has not less than fifteen, and Meghalaya has five of them and many more in other States. How does the army explain this proliferation of militant groups in spite of the Act? In fact the AFSPA seems to be the biggest obstacle to peace in the region.
It’s time that army authorities should adopt a policy of zero-tolerance to the misuse of the law by their men. The army should convince the people that only terrorists are targeted. They should instil respect and faith on the defence institution in the people and resort to remove the feeling of being stepsons of India from the people of North East states and Kashmir valley.
