Any law that empowers the state to act with impunity must be resisted by a democratic society. The Armed Forces Special Powers Act (AFSPA) which is imposed in disturbed areas of the North East and Jammu and Kashmir has been contested by several civil society groups of this country. In Kashmir several women are called half widows because their husbands have been abducted and secretly killed, all in the name of counter insurgency. In disturbed areas the army is brought in to tackle militancy. Under AFSPA the security forces enjoy immunity for causing death and for tortures they inflict in the name of countering insurgency. Very often the encounters are staged and suspects are killed because the higher ups need quick results. Irom Sharmila of Manipur has been the longest non-violent protestor against the AFSPA. She started her fast to protest against AFSPA in November 2000 and continues to be force fed in jail. Successive governments have refused to take a call against this repressive colonial Act because the Defence Ministry would refuse to deploy the army if the AFSPA is withdrawn. Army officials claim that sending their men into an insurgency affected area without the backing of AFSPA is like sending them with their hands tied behind their backs.
The point is that there is a cadre of para-military forces like the CRPF and Assam Rifles which can be deployed without invoking the AFSPA, so why is the Union Home Ministry not using these forces to strengthen the state police? It is learnt that CRPF personnel have been deployed in the Garo Hills earlier but they cannot adapt themselves to the harsh terrain. Moreover there are claims that the CRPF men sent here are well past their prime and are more of a liability. Meanwhile the state police seem to be on the back-foot as far as containing the GNLA is concerned. The outfit is always one up on the police. The recent cases of kidnapping for ransom followed by the kidnap and killing of an IB official and a merchant by the ASAK has created a fear psychosis in Garo Hills. Consequently the Meghalaya High Court has taken a dim view of the administration’s inability to prevent the calling of bandhs and of securing the life of citizens. The Court has therefore taken a strident stance and directed the Union Home Ministry to begin army operations in Garo Hills by declaring the region a disturbed area. The Court’s intent is to contain militancy but the human rights violations on account of army operations cannot be ruled out. It would be a case of the medicine being far worse than the cure. The Meghalaya High Court might need to review its decision.