AFSPA- Analysis

AFSPA- Analysis

In solidarity with the victims of a barbarian act

Armed Forces Special Powers Act (AFSPA) has been in the news for all possible consequences it could make since its inception. The idea of AFSPA 1st came in India as an ordinance in 1942 during the Quit India movement to suppress the masses. It was a brainchild of the then-viceroy Linlithgow. Later after independence in 1947, the interim government of India had to invoke the same law they stood against during the British Raj – AFSPA -citing the internal security issues in North East India and the western borders. Since then, the law notoriously nicknamed the ‘killing licence to the army’ has been used by various governments to curb mass movements and resulted, many times, in human rights infringements.

Inhuman Provisions of AFSPA

Theoretically, the provisions of AFSPA are similar to those of other criminal laws. But in reality, some of its features became infamous because of the ways they are being enforced.

AFSPA gives:

1. 1. Exorbitant powers to the central government: AFSPA give powers to the central government to declare an area as a ‘disturbed area’. In this capacity, the central government can even overrule the suggestions of the respective state governments and thereby the federal concept itself.
   2. The act is silent about the conditions of the declaration. That means the central executive can declare any place as a disturbed area whenever they want to.
   3. The Armed Forces personnel can use weapons, firearms and force in disturbed areas if she/he identifies a threat to public order in that area. Such use of force will not be questioned by any authority unless the central government is convinced of the same. This power extends to even killing people without warnings.
   4. Any person, allegedly carrying weapons or contravening the laws can be arrested without a warrant from the disturbed area by armed forces personnel. Such persons shall be handed over to the police officer in charge of the nearby police station within 24 hours.
   5. Armed forces personnel can enter and search any premises if required.

Where Did We Applied AFSPA and Why?

AFSPA has been in force in most of the North Eastern and Border states and Union Territories of India. This includes Jammu and Kashmir, Assam, Arunachal Pradesh, Manipur and Nagaland. The irony is that in these places we can see human rights workers and civilians striking against the act and several human rights violation suits in the respective courts.
Mostly the reasons pointed out by the executive are insurgency, terrorism, antinational activities etc. Also in most cases, the law remains in action for many decades and affects the overall growth of the region. It is evident from our past experiences that the law has been used by various central governments to bypass the federal structure and manipulate the loopholes. By applying AFSPA the central government can directly hinder the right to freedom of the people even without the support of the respective state government. If the ruling parties of the centre and state are different then, the central government would face a lot of opposition from such a state government while implementing its agendas. In such cases, we can see the way they use laws such as AFSPA.

Alternatives:

Though force is required in places with disturbances, it should be applied justifiably.

• States must have more voice in decision-making. As of now, the central government can single-handedly take decisions on AFSPA-related matters. Though a clause for consultation with states is there, it is completely informal and not mandatory.
• More developments in remote areas of border states can reduce tensions between civilians and governments. Such tensions result in insurgency and anti-national spirit. Most people in the border areas resort to illegal trafficking activities to earn income because of the ignorance of the authorities regarding the welfare of these regions. We can observe from our borders that some of the very remote and least performing districts(in the SDG index) are located in border states.
• Proper and mild application of force is however required in such places due to their closeness to other countries. Small mismanagement can result in a catastrophic distraction.
• More inclusive actions from the central government are required to improve the spirit of nationalism and harmony among people.
• Public participation in governance will give an edge to the efforts of the government in such matters.
• Job creation among youth will channel the potential and energy of the youth towards economically productive activities rather than towards militancy. This will at a time reduce the pressure and improve the economy.

In a nutshell, laws like AFSPA are without any doubt barbarian. In global history, we can see that giving more power to armed forces never ended up peacefully. Insurgency is a result of the frustration that originates from various types of exclusions. The governments should treat the root causes than suppressing the fruits. The application of force will result in the strengthening of the rebel and thereby allows the opponents to exploit the unrest within the borders of the country. The United Nations have condemned the recent events of military atrocities in the state of Nagaland. This caused serious damage to the image of India as a democracy worldwide. It’s high time for us to think and talk about AFSPA. Do we need such a cruel law to be applied in the name of security? Why violence if we have better options?