AFSPA --> ruthless + useless
The
Armed Forces (Special Power) Act was enacted by Parliament in the year 1958 to
cover the SEVEN SISTERS states of the North East, however since 1990 it has
been operational in Jammu and Kashmir as well. It provides legal impunity to
the actions of the personnel belonging to armed forces carried under this act,
in areas which are declared as "disturbed"
by the government. The Act which provides far reaching powers to law
enforcers, but is so vaguely enacted and leaving many areas undefined and it enables decisions to be taken
on personal judgment by an officer , and this decision is beyond the scope of
judicial review. There are innumerable cases where it has been reported that
the use of force was unjustifiable leading gross violation of human rights.
The
central government had appointed a committee(2004) to look into matter and
suggest whether AFSPA Act be diluted or scrapped altogether .The members of the
commission were from judiciary, bureaucracy, army ,and much to the surprise
,committee unanimously suggested that AFSPA must go. With AFSPA protection, the army and para
military do not feel to the need to hold(control) their (gun) fire , this leads to mass killing often
comprising innocent as well. The draconian law on the whole is totally out-of-sync
with respect to the structure cum spirit and freedom and rights which our Constitution
aspires to strive for.
Often
asserted by Army that AFSPA helps in
carrying out free and effective counter military and insurgency operations
,however it is difficult to understand the rationale behind providing legal
impunity to the (un)lawful actions of the armed forces .The demand for
repealing of AFSPA would not have arisen had the military not turned into a militia, misusing and abusing the
insulation provided under AFSPA, and further when cases were reported, rather
than addressing them they were brushed below rug. It is high time that the
government takes up the matter and strikes the balance so as not to distort the
efficacy of counter military operations and at the same time being
vigilant that the unholy actions by
armed forces are brought to book .

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