Wednesday, January 15, 2025
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Armed Forces (Special Powers) Act (AFSPA)

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By TFL Mawlong

A seminar on the contentious Armed Forces Special Powers Act was organised on the October 21 last at the Shillong Club, thereby drawing our attention yet again to this repressive act in the so-called Disturbed Areas of North-East India.  Under this Act, the army personnel are virtually non-accountable to citizens and victims of their excesses.  A common observation is that AFSPA has only led to ‘Human Rights violations’ (especially in Manipur) without much success in dealing with insurgency.  AFSPA is conceived to be a ‘cure’ to the  separatist tendencies and insurgencies. That the Act is imperative in the interest of national security is unquestionable. The world over, even democratic countries like USA, UK and European Union states have enacted very stringent anti-terror laws like searches without the mandatory warrants and the like. And there is this US Patriot Law which is far more stringent than the AFSPA. But the continuation of AFSPA for 55 long years in Manipur is quite something else. The imposition of an oppressive law like AFSPA is a short term measure and should not be used on such a long term basis.
Solving the multiple problems of the North-East calls for demonstration of indomitable ‘political will’ and a ‘statesmanship’ and pragmatism of the highest order by those at the helm of affairs of this country. But we have been unfortunate in this regard. The politics of North-East is devoid of consistent ideology. Our leaders get defined not by their ‘ideas’ but by their ‘antics’. Our political parties have been crippled by the defections, floor-crossing and a lack of class. Our politics has been reduced into a game of numbers.  And then the attitude of national parties is one of apathy, so they epically failed to establish and broaden their presence in the region, thus leaving a sort of political vacuum. In short our political India has failed us. On the administrative side we have too many administrative officers who are not sensitive to tribal dynamics, ethos and psyche and are uninformed of our intricate problems.  Not surprisingly the region has no political or economic solutions even after 67 years of being independent of colonial rule. Political India needs to be stabilized if solutions to North-East problems are to emerge.
Also a ‘psychological divide’, between people of the North Eastern states and the main stream India should be addressed. At present there is a strong feeling of neglect and alienation among N-E tribals. As a result the anti-national sentiment is throbbing in every nook and corner of the region. The key lies in economic development and widening economic opportunities. The ‘stay aloof policy’ of the central government – which for the large  part is responsible for the stagnation in economic development in the region – must therefore be corrected. Besides, the states should review their ‘ill-conceived development strategy’ which has failed to link up resource mobilization and developmental investment policies with the structural specificities of the region.
If fundamentals are not strengthened, imposition of draconian law like AFSPA would only ‘aggravate the disillusionment’. It is imperative that the North-Eastern states be treated as equal partners in democratic and vibrant India. We should remember that ‘prevention is always better than cure’. As the AFSPA becomes more abusive, Human Right abuses increase and more young people are inclined to join militant outfits. Cycles of violence are  fuelled. How can normalcy be restored then? History has taught us for ages that military boots cannot solve any problems. Further, the routine use of force to deal with insurgencies also brutalizes the nation; as a result people have gradually become desensitized to violence.
So there is a strong case against the continuation of AFSPA. However, if the government, in its wisdom, sees that repealing AFSPA is immature at this point of time, then necessary correction should be made to prevent any excesses from being committed on account of the Act.  At least the Act should ensure that mala fide acts like rape, extortion, molestation, brutal murder are treated as heinous crimes even when committed by security forces.
Alternatively the government could adopt a more humane approach in the manner in which law and order is handled. If it cannot repeal AFSPA altogether. If we equip the police with  better arms, ammunitions and state of the art facilities, provide them with better training- mentally and physically; and discipline the pot-bellied and unhelpful ‘havaldar,’  the police could just turn out to be a better alternative to the army personnel who refuse to operate minus AFSPA in North-East India and Kashmir. National security is a priority for any nation,  but no “ism” is above humanism.

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