356 army personnel including 74 officers filed a petition at the Supreme Court against the alleged dilution of the Armed Forces (Special Powers) Act (AFSPA). The SC had asked for the constitution of a special investigation team by the CBI to look into 1582 alleged cases of extra-judicial killings between 2000 and 2012 in Manipur and J & K. In J & K an army officer fired at an alleged stone- pelter killing 3 persons. Human rights violations raise their ugly heads every now and again in these conflict zones. The petition by army officers seems unfair in that context. Elected governments are influenced by political considerations. The army should not act as a pressure group in defence of its actions. The petition is a violation of the Army Act too. Serving personnel of the Army cannot form unions, attend meetings and take part in demonstrations organised for political or other purposes. The AFSPA provides immunity to Army personnel involved in counter-insurgency operations. Very often the AFSPA has encouraged a climate of impunity as has been carefully documented by human rights activists in Manipur. Sometimes the narratives when they do come out are of unspeakable violence inflicted by army personnel even on women. The case of Thangjam Manorama is a case in point. There are many others that are not documented. The mass graves in Shopian, Kashmir also send shivers down the spine.
The army in a counter-insurgency area is not fighting the enemy but its own people. This is the dichotomy when the army is used to combat counter-insurgency. They are trained to tackle the enemy; not their own people. They have also often represented their case saying that if they are to be in a counter-insurgency operation they cannot go there with their hands tied. They need the AFSPA to protect them. Now how the AFSPA is used is another. The Jeevan Reddy Commission had recommended scrapping of this colonial Act. Questions have been raised about whether the AFSPA is consistent with constitutional democracy. It is unfortunate that the Jeevan Reddy Commission Report is now cold-storaged and its recommendations ignored.
Army personnel going to court is somewhat bizarre and a new but unfortunate development. And to ask for the continuance of an Act that is colonial and perpetuates a cycle of violence and therefore alienates the people of Kashmir and the North East even more, is even more disheartening. The Supreme Court needs to take a judicious call on this matter.