AFSPA In Jammu And Kashmir
By Syed Junaid Hashmi18 June, 2007
Countercurrents.orgWith Armed Forces Special Powers Act (AFSPA) in "application", people across the state who have been battered by impunity being enjoyed by security forces under this law, desire the law to be revoked at the earliest. However, separatists and mainstream "representatives" of these voices are yet to reconcile and demand revocation of the act in one voice.
For moderate separatists, revocation of AFSPA is one among many other issues related to the Kashmir imbroglio. Separatist hardliners have no faith in Indian judicial and parliamentary system. For them, AFSPA is a draconian law which if revoked would be replaced immediately by another law designed on the same pattern. While as for mainstream politicians, AFSPA is the soul of their political salvation.
Records suggest that the act was enforced in 1990 when the state was placed under Governor Rule. The then Governor Jagmohan through a notification announced the implementation of the act. Records suggest that in 1996, when democratic institutions returned to functioning in the state and National Conference under the leadership of Dr.Farooq Abdullah took over, AFSPA was never debated neither within the assembly nor outside it. A senior National Conference leader said that if a few meek voices rose, they were silenced for the fear of being branded "anti-national and militant supporter".
Farooq regime seemed also unaware of the subsequent direction from the Supreme Court of India in the year 1998 which stressed for reviewing the act after every six months. The same was never done. Instead, Dr.Farooq urged central government to impose AFSPA in Jammu region in the year 2001 which was agreed. Newspaper reports suggest that Chief Minister Dr.Farooq Abdullah had given his consent for imposing AFSPA.
Having literally failed in keeping the security forces under check, Farooq lost power to coalition of congress and People's Democratic Party (PDP). When Mufti Mohammed Sayeed took over as Chief Minister, AFSPA came to limelight with lawyer turned politician Muzaffar Hussain Beig taking lead in initiating a discourse on this. But when it came to taking a legal course like Naga People's Movement of Human Rights and other human rights organizations of North-East took, PDP could not do so.
Leaders of PDP say that when they came to power, governance was a serious problem. "For three long years, we worked on restoring faith of people in annals of justice and when we found it appropriate, we requested the central government for reviewing the same which they agreed," said a senior PDP leader Nizamuddin Bhat. He stressed that PDP does not believe in playing politics on AFSPA.
"People expect change at the ground level; the issue is being discussed and debated at the national and international level but we cannot ignore local issues," added Bhat. However, leaders of National Conference do say that the act is draconian in nature and should have been revoked when they were in power. "We must have passed a resolution which we could not due to the prevailing circumstances, Situation was conducive during Mufti's time, but he also failed to ensure what he had promised in his common minimum Programme (CMP)," said a senior National Conference Leader.
A senior separatist leader accepted that Hurriyat has failed in addressing internal dimensions of Kashmir issue which includes taking legal recourse on issues like AFSPA. He added that expectations of people were galore from the separatists. Another senior separatist leader Shakeel Bakshi said that it is not revocation of AFSPA which would address the issue. "We have been raising our voice against these draconian laws but in the system in which we are in, expecting indian government to do something on its own could be a fragment of imagination but not reality," added Bakshi.
With leaders still readying themselves to address internal dimensions of the Kashmir issue, sufferings of people across the state have become manifold. "We hardly matter in this war of political "Heavyweights", we have to be obedient listeners and if we are suffering, there are enough words in the vocabulary of both mainstream and separatist politicians to ensure us that we are being debated and discussed," said a social activist who has been working in Kashmir valley since 1990.
He added that it is the common man in Jammu and Kashmir, whose child was an innocent civilian, a "suspect" or member of a militant organization who was captured from his house or village and routinely killed in some fake encounter. "Daughters of commoners were raped, molested and abused on everyday basis on the pretext of searching militants, a few tears rolled down and the miseries were summed up in few words by politicians of all rank and file," added the social activist.
Another social activist, a female who is also associated with an international humanitarian organization on the condition of anonymity said that it's mere politicking on AFSPA. "Ask those who have suffered, whose lives have been made hell by security forces by using this draconian law without any fear of being questioned, if politicians both separatist and mainstream would have realized this, they would have raised a vociferous and unanimous voice for getting this act revoked," added the female activist.
Jammu and Kashmir battles AFSPA; an Act of the British Era
Britishers have left but imprints continue to hurt and alienate! While Indian leadership revolted and forced the Britishers to leave the country, Armed Forces (Special Powers) Ordinance-1942 (AFO) which was enforced by British officers immediately after Quit India Movement started, with intent to desist freedom fighters from participating in the movement, was strengthened after independence and given more teeth's to arrest, torture and use force (even kill) civilians on mere suspicion.According to the reports of Amnesty International and Human Rights Watch, imposed in North-Eastern States in the year 1958 and subsequently in Jammu and Kashmir in 1990, AFSPA has proved counter-productive and increased alienation of the people to alarming levels. Even when it is being admitted in subtle voice that AFSPA has worsened the situation instead of improving, few efforts are being made to review the same.
Historical facts reveal that AFSPA appeared at a crucial phase in India's freedom struggle in the year 1942. In Bombay, All India Congress Committee in its August 8 meeting, decided to launch the Quit India movement. Simultaneously, in Singapore, about 40,000 British Indian soldiers who had joined the Indian National Army were marching towards India from the eastern front together with the Japanese soldiers.
In a sweeping move, Congress was declared an illegal organization. Prominent Congress leaders were arrested and jailed. A mass upheaval broke out all over India. The Viceroy Lord Linlithgow declared emergency all over British India and promulgated the Armed Forces (Special Powers) Ordinance-1942 on August 15, 1942 conferring vaguely defined special powers to the armed forces to arrest and use force (even kill) civilians on mere suspicion. The act was applied to the whole country.
Five years later, on 15 August 1947, India got independence and later on became a sovereign democratic republic on 26 January 1950. Beginning from North-Eastern states in the year 1958 and later on extended to Jammu and Kashmir in 1990, armed forces are enjoying today the same special powers and privileges granted in the colonial Ordinance of British government in the year 1942. In its new incarnation, the enabling legislation is called the Armed Forces (Special Powers) Act, 1958.
Records suggest that AFSPA bill was introduced in the monsoon session of the Parliament in 1958 to replace the ordinance issued by Britishers. The bill was introduced by Govind Ballabh Pant, then Union Home Minister. While introducing the bill, Pant has remarked " "This is a very simple measure. It only seeks to protect the steps the armed forces might have to take in the disturbed areas.... It will be applied only to such parts as have been declared by the administrations concerned as being disturbed... After such a declaration has been made, then alone the provisions of this Bill will be applicable to that particular area. I do not think it is necessary for me to say more in this connection. It is a simple measure" (`Debate in Parliament' in Nagaland File, Luingam Luithui and Nandita Haksar, Lancer, New Delhi, 1984, pages 160-71)," .
Some members of Parliament opposed it on the ground that blanket powers being conferred on the army by this act would lead to the violation of the fundamental rights of the people, that this act would circumvent the constitution by effectively imposing an emergency in these areas without actually declaring one and that it would abrogate the powers of the civil authority in favour of the armed forces.
When the Bill was introduced, Members of Parliament (MPs) from Manipur, R. Suisa and Laishram Achaw Singh, vehemently opposed it. Laishram Achaw Singh while objecting to the AFSP Bill.5 had remarked "How can we imagine that these military officers should be allowed to shoot to kill and without warrant arrest and search? This is a lawless law. There are various provisions in the Indian Penal Code and in the Criminal Procedure Code and they can easily deal with the law and order situation in these parts. I am afraid that this measure will only severe the right of the people and harass innocent folk and deteriorate the situation."
Unfortunately, these voices remained largely unheard and the Act was passed. The resultant Act was given retrospective effect from May 22, 1958. Spread of 'Disturbed Area' Parts of Manipur were also declared 'disturbed areas' under the Act since its inception. Then it gradually spread to the other areas. Experts in legal issues say that modifications in the British ordinance were aimed at making the act region specific and more punitive.
Interestingly, 48 years have passed since AFSPA was enforced in North-East and sixteen years have passed since it was imposed on Jammu and Kashmir, it has noticeably failed to quell violence completely in these areas. Further, Human Rights organizations have been reportedly saying that application of such laws has generated a feeling of alienation among the people against the armed forces.
They suggest that a situation of internal disturbance involving the local population requires a different approach adding that involvement of armed forces in handling such a situation brings them in confrontation with their countrymen. They maintain that Britishers imposed draconian laws to instill fear among the people and when the country got freedom; approach should have been to infuse faith among people in democracy.
Writer is a working journalist, presently associated with jammu and kashmir's oldest and largest circulated daily "The Kashmir Times". He can be reached at [email protected]
Leave A Comment
&
Share Your Insights
Digg it! And spread the word!
Here is a unique chance to help this article to be read by thousands of people more. You just Digg it, and it will appear in the home page of Digg.com and thousands more will read it. Digg is nothing but an vote, the article with most votes will go to the top of the page. So, as you read just give a digg and help thousands more to read this article.
Get CC HeadlinesOn your Desk Top