Thursday, 31 July 2014

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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