Novita Singh As a prelude to the submission of the final report of the interlocutor’s, withdrawal of the pay for research paper Armed Forces Special Powers Act (AFSPA) or dilution of its existing cialis canadian pharmacy powers in J&K has become a topic of hot debate yet again. Interestingly, the interlocutors, during their last visit to J&K
before submission of the final report have commented that, even though violence levels in the State are on the decrease, peace continues to be fragile and needs to be consolidated; a clear
indication that status quo with respect to the security paradigm needs to be maintained. Unfortunately, various individuals and political parties have expressed differing opinions on the subject of the so called “draconian” Act. A closer scrutiny of the dynamics controlling the debate on the AFSPA gives a suggestion that the act has become a convenient weapon in the hands of Human Rights (HR) activists, separatists and political parties to vilify the army. For example, AFSPA is blamed for the death of 109 civilians in the violence that rocked the Valley in the summer of 2010, whereas, the fact is that the Army was not directly involved in quelling the mob violence. It is conveniently forgotten that the JK Police and Para-military forces do not come under the purview of the act and it
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is against them that maximum HR violation allegations have been made in the recent past. Now, there is talk of the J&K government withdrawing the Disturbed Area Act (DAA) from ‘greater’ Srinagar in December 2011 with a view to assert its supremacy. The decision is perhaps influenced by the Manipur model where the State government withdrew the DAA from Imphal in 2004. It would be opportune to study the after effects of this decision by the Government of Manipur. The security situation did not improve, however, the insurgent groups got a license to exercise complete hold on the National Highways, indulge in rampant extortion and bring about a state of complete anarchy There are a number of reasons which support continuance of the AFSPA in its present form. While there may be a comparative decline in terrorist violence and reduction in the number of successful infiltration attempts, there is no change in Pakistan’s ideology and will to support the proxy war in J&K. The infrastructure to support terrorism in terms of terrorist training camps, supply of weapons and ammunition, hi- technology signal equipment, fake currency racket, overt and covert support to terrorists and separatists groups is intact and regularly upgraded. Reduced violence and declining infiltration is due to proactive operations by the Army in close coordination with police and Para-military forces. One outwardly peaceful summer does not spell a return of peace to the “Paradise on earth”. In fact, a number of desperate attempts are currently being made to push in terrorists across the line of control
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(LoC) before closure of passes in winter as witnessed in Gurez and Kupwara. A hasty decision to withdraw DAA or set up a ‘Peace and
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Reconciliation Commission’, despite continuation of the machinery supporting terrorism and without resolution of the conflict within the State, smacks of political expediency. One can only hope that better wisdom will prevail. Counter terrorist operations by the army are spread across the state. They cover the LoC from where the
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terrorists cross over, the sparsely populated areas adjoining the LoC where terrorists initially establish their reception areas and the populated hinterland from where the terrorists finally operate and draw their support. Also, convoys carrying Army personnel and stores which pass through urban areas are vulnerable to terrorist attacks. Hence, AFSPA cannot be applied in pockets and withdrawn for the remaining areas. Further, lifting of AFSPA from urban areas will result in terrorists seeking shelter over there and rebuilding their bases. If eviction becomes necessary at a later stage it will result in civilian causalities, damage to civilian property and a
renewed cycle of violence. In fact, as a first step, the State government should concentrate on scrapping of the Public Safety Act (PSA), 1975 under which hundreds of persons are arrested and remain incarcerated in various prisons for unspecified periods of time. The government should also meet the popular demand of treating youth below 18 years as juveniles as prevalent in the rest of India; presently,
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the J&K Juvenile Justice Act 1997 treats youth above 16 years as adults. Amendment to these laws falls under the purview of good governance, whereby, the government will earn immense goodwill. In the last few years the policy of zero tolerance towards HR violations has led to a sharp decrease in such incidents. The army
has gone a step further and made serious efforts to reduce its presence in major towns and cities and along the National highway by gradually handing over responsibility to the police and CRPF. The mere fact that the AFSPA gives powers for search and arrest without warrant and use force within limits does not imply that the Army has been going on the rampage in the Valley. The Army has been involved in counter terrorist operations in J&K not of its own volition. It was compelled to do so because of the deteriorating security situation in the State. With the changing internal dynamics, there has already been a gradual shift in its focus from counter terrorist operations in the hinterland to counter infiltration operations on the LoC. It can be safely said that the army will unilaterally render advise for revocation of AFSPA as and when the situation merits an
action of this nature. In the meantime, it would be best to have faith in the security forces and allow them to perform their duty as is best for the people and the country.