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NATO Wraps Up its Flag from Afghanistan

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History is a fine mirror, particularly among the war opponents where ‘cognitive dissonance’ plagued them deep all along. Thirteen years ago, US pre-attack psy-warfare effort depicted a shirtless herculean-looking American GI, kneeling and wielding his knife as if US was about to mow down their opponents in a blow. Taliban along with Al-Qaida were dancing to celebrate, on seeing another prey rushing for the trap called Afghanistan on the heels of the Soviets. No one in US DoD bothered to take cue from history that remains kind to Afghans when they are ready to spill their own as well as others blood. Time scale means nothing to them.

About 150 years ago, British Army supported by native forces in the Indian sub-continent invaded Afghanistan. Several battles during First and Second Afghan War, won and lost by both sides, made it absolutely clear that Afghans, fanatically loyal to their soil, could not be ruled by the alien forces. At one point of time, General Robert, recommending swift withdrawal, wrote to the Viceroy of India, less they (Afghans) see of us, the better, even though he had won the battle near Kabul. That was an era of extensive colonization when European major powers were competing to secure maximum territories in Asia, Africa and South America. It inspired Lenin to compile a table, proving that the European powers’ wealth was directly proportionate to the volume of territorial expansion overseas. He even proved that their number of banks could be accommodated in the same thumb rule. Britain was certainly a Super Power, embroiled in a conflict on the western borders of its Indian Empire. The people who stuck out to challenge its might were again Afghans.

The British Empire finally chose to stay put at the line which later became known as Durand Line (named after Sir Mortimer Durand), now separating Pakistan and Afghanistan. In the Great Game of 19th and 20th Century, Czarist Russia was rushing south through Central Asia but opted to halt at present Afghan northern borders by 1885. Some critics resented royal reluctance of Great Britain to advance West and North West to face Russia along River Oxus and termed it as its ‘masterly inactivity.’ Why US war wizard could not see the futility of their Afghan war? They did inflict heavy losses on Al-Qaeda in Afghanistan and sweeping victory over conventional Taliban forces structure during Phase-1, the opening assault on Kandahar but for the remaining period, Taliban insurgency could not be flushed out even by employing massive technologically superior forces, touching a peak of 140,000 troops (International Security Assistance Force: ISAF) of which US had the major share. Some see even Al-Qaeda’s thinning out from Afghanistan as their superior strategic orientation to reappear in Middle East (Iraq in particular), where US reversals were obvious, to banish its forces from Iraq. Discovering that attack on Iraq could not achieve its objective of reconstructing Iraq, US had second thought and announced ‘mission accomplished’.

While the US public remained highly skeptic of US claims, the media did give it a breather by portraying a very lucrative forces’ diversionary destination to be pivoted in Asia-Pacific. Encapsulated within the same design, a charming slogan branded as ‘Afghan Surge’ emerged which in fact amounted to reinforcing a failure that the strategists always warn against to be lured in to this option ever on the battlefield. The entire maneuver was aimed at quelling the domestic criticism about failure in Iraq and managing damage control of the myth of US military might invincibility. Close to withdrawal from Iraq, some labeled it retreat, even George W. Bush acknowledged Iraq mistake, not mentioning some loud and similar comments made by US military commanders.

When US winds up its mission from Afghanistan along with NATO allies, there are rival claims to victory from each side. If one grants victory to US/ISAF, one needs to focus at the flag lowering ceremony when the onus of responsibility to defend Afghanistan has been  shifted to Afghan Army with US residual force of around 10,000 staying in Southern Afghanistan for ‘Resolute Support’. For any power of significance, it is natural to defend retreat that Taliban have claimed to force on ISAF. The impact of left-behind ISAF force in Afghanistan is destined to dilution when simple arithmetic is made the basis of vetting its efficacy. Note that if 140,000 troops could not flush Taliban, how a fourteen times smaller force would keep Afghan Army energized to restore peace in Afghanistan. As expected, Taliban attacks when ISAF forces were thinning out, in the final phase within last three months have become more frequent and deadlier. Ben Tufft of ‘The Independent’ reported, “The ceremony held to mark the end of the Nato mission in Afghanistan was held in secret due to bomb threats, prompting critics to question whether the allies’ objectives in the country have been met.” One sees another small dance party among Taliban who would swoop on the left-behind garrison, making their logistics a critical issue. The force is likely to remain virtually bound to the heavily defended parameters of the garrison and yet face causalities.

The kind of odds that John Kerry negotiated to let a system of governance emerge in Afghanistan in the wake of questionable general elections was remarkable but the sooner he left, Afghanistan remained vulnerable to two leaders’, Ashraf Ghani and Abdullah Abdullah, wrangling for greater influence. As the Afghan society is fiercely divided on the ethnic basis, it is likely that the power brokering intensifies when both would muster their ethnic supporters in the field as show of muscles. In other words, ‘Pukhtoons’ and ‘Tajiks’ standoff would be imminent while Taliban would hammer both. There is a bleak but possible scenario that President Ashraf Ghani, because of his ‘Pukhtoon’ antecedent manages to bring Taliban to the dialogue table and interestingly that hypothesis is the only hope for any recovery in Afghanistan.

US, Allies and their public would sound far removed from the reality if they stick to their state of denial by refusing to accept that victory has remained elusive, costing them trillions of dollar and thousands of young soldiers. Similarly Taliban claim to victory would also sound absurd even though they sacrificed seven times more of their militants.  Had the terrain advantage and civil population shield not been available to them, they would have been massacred by the superior ISAF forces. If on Taliban side, achieving victory over NATO forces was beyond their prowess because of incompatible military potentials; their opponents were bound by their own publics’ opinion and war ethics to fight Taliban with surgical precision, once in a while violation notwithstanding. Therefore such conflicts, like the conventional wars, cannot be measured with ultimate clear yardstick called ‘victory.’ At best, NATO can boast to have introduced reforms in a manner that have diluted wide spread Taliban’s war making appeal to Afghan masses to some extent. Hubertus Hoffmann sounds over-optimistic, maintaining, “For me the glass is about three quarters full. The Taliban lack the support of the people; have no viable vision for the future of the country. More bombs drive just the people away from them. The Afghan Army and police are fighting considerably well.”

On the other hand, Taliban can claim to have proved hard nuts for ISAF forces by resisting superior forces and surviving through conduct of shrewd guerilla warfare. When ‘victory’ slogan appears as misnomer, one hopes that the two sides would pay heed to what Benjamin Franklin had said long ago, “The things that hurt, instruct.” World now expects the native parties in Afghanistan also to have mercy and cobble up effective governance for the emancipation of their future generations.

Dr. Muhammad Aslam Khan is a retired Brig Gen from Pakistan Army, served 32 years. A veteran of ‘1971 Indo-Pak War’ has been instructor in officers’ Pakistan Military Academy, commanded Divisional as well as Corps Artillery. Holds first class Masters degree in International Relations and PhD degree, acquired in 2002-2007 from University of Peshawar, Pakistan. Authored a book, writes frequently in national and international media. Has attended several seminars and conferences within the country and abroad on invitation. Travelled to Switzerland (twice), UK, US, UAE, Kingdom of Saudi Arabia, Germany (twice). Cambodia and Thailand. Email: dr.makni49@yahoo.com

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South Asia

The Taliban-Afghanistan Dilemmas

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Source: Twitter

The Blitzkrieg winning back of Afghanistan by the Taliban with the concomitant US pullout established Taliban 2.0 in Kabul. But this has created a number of dilemmas for the stakeholding states. The latter include Afghanistan’s immediate neighbours, viz. Iran in the west, Turkmenistan, Uzbekistan and Tajikistan in the north, China in the northeast and Pakistan to the east. Russia is also affected since it considers former Central Asian Soviet republics like Tajikistan and Uzbekistan as its backyard and since Moscow has its own share of extremist-secessionist problems in Chechnya. It is also worried about Islamic fundamentalism spreading to its Muslim population concentrated around its major cities and the Caucasus.

The dilemmas are as follows:

I. If the US-led withholding of economic aid and international recognition continues in essence, then conditions– as it is they are bad enough in Afghanistan—will further deteriorate. This will lead to greater hunger, unemployment and all-round economic deprivation of the masses. Such dystopia will generate more refugees in droves as well as terrorists who will spill out to seek greener pastures beyond the country’s borders.

Such condition will in turn mean a life-threatening headache for not only Afghanistan’s immediate neighbours like Iran, Turkmenistan, Uzbekistan, Tajikistan, China and Pakistan but also for more distant lands. The liberal democracies of Europe. Germany, France, Italy, the UK and others have already had their share of refugees—and terrorists—when waves from an unsettled Syria hit them way back in 2015. Chancellor Angela Merkel even decided to act magnanimously and opened Germany’s doors to a million fleeing the civil war in Syria. Such acceptance of refugees from Asia and Africa in Europe, however, boosted right-wing parties like the Alternative for Germany (AfD) and other movements throughout that continent. As a result the easy cross-border movements within the European Union came to be partly restricted in order to keep unwanted refugees out. Calls went out for hardening the external borders of the EU against more refugee invasion. The EU also made arrangements with Turkey to absorb and manage the refugee onrush in exchange for fat amounts of the Euro.

The prospects of a second such wave of refugees desperate not only to escape the clutches of the medieval Taliban but to find a promising future and remarkably better living conditions in the advanced lands of Europe are giving nightmares to the governments of the latter countries.

There seems to be a growing consensus among many in the international community that not only purely humanitarian but also larger economic aid to the Taliban-run Afghanistan should be extended—and without delay, if only to keep a lid on refugees—and terrorists—spilling across the borders. Islamabad apparently scored a remarkable ‘victory’ over New Delhi when its protégé Taliban replaced the pro-Indian Ghani government. Nevertheless, it is worried about the spillover into its territory across the Durand Line to its west. Pakistan, hence, leads this school of thought most vociferously[i]. It fenced its border with Afghanistan to a significant extent in anticipation of more refugees pouring in.  It has been joined in the chorus by Russia, the EU, China, and others. China, for instance, has emphasized the need for releasing funds to Afghanistan at its talks with the G-20 on 23 September.[ii] However, no such stipulation is seen in the Shanghai Cooperation Organization (SCO) declaration released at the Tajik capital Dushanbe on 17 September, though the document mentions explicitly the need for an “inclusive” government that includes the left-out minorities. India’s presence at the meet may have prevented the inclusion of a funds-release clause.

II. But even if the US unfreezes the $9.25 billion Afghan assets under its control, and allows the IMF and the World Bank to make available other funds and assets to the funds-starved Taliban’s Kabul, a major problem will still linger. This is the question of ‘inclusive’ government, which the Taliban had promised among other things in its February 2020 agreement with the USA at Doha. The composition of the current Taliban government shows the mighty influence of the hardliners within the Taliban, elements like the Haqqani network and the secretive hardcore Kandahar Shura—as opposed to the seemingly more moderate Pakistan-based Quetta Shura. The Prime Minister of Taliban 2.0, Mullah Mohammad Hassan Akhund, is on a UN-designated blacklist; its Interior Minister, Sirajuddin Haqqani, is on the top of the FBI’s most-wanted list with a multi-million dollars reward hanging over his head.  

Although the Taliban did not officially take a formal position, a member of the new government in Kabul has also defied calls from Pakistani Prime Minister Imran Khan and from other quarters for forming a more ‘inclusive’ government. That would mean more Tajiks, Uzbeks, Hazaras and women holding important positions in the government, a phenomenon markedly absent in the current governmental setup dominated by male Pashtuns. The Taliban member shot back that the current government was as much ‘inclusive’ as it was possible to make and that the Taliban did not care for others to dictate to it what kind of government would suit Afghanistan.

If Taliban 2.0 remains essentially as it is today, with the minorities ignored, this would still create unrest and insurgency in the country. A civil war in the not too distant a future cannot be ruled out. This is the reason that even Pakistan, which certainly would not like to see its protégé Taliban’s power diluted, keeps harping on the ‘inclusive’ clause along with Russia and others.

A civil war will not be confined within the boundaries of Afghanistan but will attract intervention by neighbouring states and other more distant stakeholders like the USA.  Tajikistan will continue to back the Tajiks living astride its southern border with Afghanistan. Uzbekistan will do the same with the Afghan Uzbeks. Shia Iran will  stand up for the Shia Hazaras while the Western world will, in general, wish to see ‘human rights’ and especially ‘women’s rights’ given full leeway. The Chinese seemed to have cut a deal. They would extend economic aid to Kabul in exchange for assurances that no terrorism or separatism would go out of Afghan territory.

But Taliban 2.0, despite its smooth assurances at Doha and elsewhere, shows no signs of stretching significantly from its understanding of the Sharia law, which it said it wished to uphold as a framework within which all these rights would be respected. There are reports that the US is in talks with Russia seeking a base on Russian territory or again in Tajikistan for its future ‘over-the-horizon’ operations in Afghanistan, starting with monitoring purposes.

In sum, while option I, outlined above, promises an immediate disaster for South Asia and even beyond, option II holds out  only marginally better prospects. It still has the Damocles’ sword of the probability of a civil war hanging over the head. The ideal solution would be to widen the Taliban 2.0 government to include the deprived minorities with an eye on keeping an effective lid on social instability. But the prospects for such a solution seem far-fetched, given the apparent domination of the hardliners in Taliban 2.0 and the long-standing animosity between the northern non-Pashtun Afghans and the Pashtun Taliban.. Also, the attacks by other extremist groups like the Islamic State-Khorasan (IS-K), al Qaeda, and the Pakistani Taliban (TTP) and so on will unlikely cease, even if option II is fully implemented. These extra-Taliban extremist groups will only encourage the radical elements within the Taliban to opt for more aggressive actions, both within and outside Afghanistan’s borders.

The future in and around Afghanistan looks grim indeed.


[i] Incidentally, the Pashtuns living on both sides of the British-drawn Durand Line of 1893  do not recognise it, and that includes the Taliban)

[ii] Reid Standish report, gandhara.org of rfe/rl.org, 27 September 2021, accessed 14 October 2021, 09.07 Indian Standard Time (IST)… All times henceforth are in IST.

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South Asia

How India utilised the AFSPA to suppress freedom movements?

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The freedom movements in the volatile north-eastern state of India predate the Partition. The Englishman realised importance of the North East as it could provide a corridor to the Japanese in World War II. India applied the Armed forces Special Powers Act first to the north eastern states of Assam and Manipur, a cauldron of unrest. The act was amended in 1972 to extend to all the seven states in the north eastern region of India. The states affected by the draconian law included Assam. Manipur, Tripura, Meghalaya, Arunachal Pradesh, Mizoram and Nagaland, also known as the seven sisters. The forces brutally applied the AFSPA to the states. It ignored outcry by people against has mounting incidents of arbitrary detention, torture, rape and looting. Indian government continued to extend the initial period for imposition of the law ad infinitum sometimes with ex post facto notifications. Its pleas were without AFSPA all the north eastern states will secede from India.  

Gunpoint diplomacy

A large part of the original region that constitutes the seven states of the republic of India had strong political, economic and socio-cultural links with South East Asia. The great Hindu and Muslim empires that reigned over the Indian subcontinent never extended east of the Brahmaputra River. The British colonists were the first to repress freedom movements. . In the early nineteenth century they moved in to check Burmese expansion into today’s Manipur and Assam. The British, with the help of the then Manipur king, Gambhir Singh, crushed the Burmese imperialist dream and the treaty of Yandabo was signed in 1828. Under this treaty Assam became a part of British India and the British continued to influence the political affairs of the region.

The resentment against the Englishman led to the bloody Anglo-Manipuri Conflict of 1891. The British were subdued by the fighting spirit of the local people. So, they preferred not to administer directly but only through the King.

During the Second World War, the Japanese tried to enter the Indian sub continent through this narrow corridor. But back home when Hiroshima and Nagasaki were A-bombed they retreated from the Imphal and Kohima fronts.

A buffer zone

Before leaving India, the British pondered over many proposals for post-Partition of India. The local people were however never consulted. Finally the British divided the region such that some parts went to Pakistan but the lion’s share to India.

Over the years local democratic movements erupted as the people aspired to a new social and political order. One important example is a strong popular democratic movement against feudalism and colonialism in Manipur, led by Hijam Irabot Singh.

The treacherous annexation of Manipur

The post-Partition India reconstituted the kingdom of Manipur as a constitutional monarchy by passing the Manipur Constitution Act 1947. Elections were held under the new constitution. A legislative assembly was formed. In 1949 V.P Menon, a seminar representative of Government of India, invited the king to a meeting on the pretext of discussing the deteriorating law and order situation in the state in Shillong. Upon his arrival, the king was forced to sign under duress. The agreement was never ratified in the Manipur legislative Assembly. Rather, the Assembly was dissolved and Manipur was kept under the charge of a Chief Commissioner. There were strong protests but using violent and brutal repression the Government of India suppressed the democratic movement in Manipur and has continued applying the same methods ever since.

Colonisation of Nagaland

The inhabitants of the Naga Hills, sprawling across Indo-Burmese border, formed Naga National Council (NNC) aspiring for a common homeland and self governance. During 1929, the NNC petitioned the Simon Commission for independence. The Commission was examining the feasibility of future of self governance of India.

The Naga leaders forcefully articulated the demand of self governance once the British pulled out of India. Gandhi publicly announced that Nagas had every right to be independent. Under the Hydari Agreement signed between NNC and British administration, Nagaland was granted protected status for ten years, after which the Nagas would decide whether they should stay in the Indian union or not. However, shortly after the British withdrew, the new Indian rulers colonized Nagaland and claimed it to be Indian Territory.

The Naga National Council proclaimed Nagaland’s independence in retaliation, and the Indian authorities arrested the Naga leaders. The AFSPA was used to violently suppress the democratic aspirations of the people of North East. In 1975, some Naga leaders held talks with the Government of India which resulted in the Shillong Agreement. Democratic forces of Nagaland smelt a rat in this deceptive agreement and rallied the people for national liberation of Nagas. One of the organizations which articulated the democratic demand of Naga people is National Socialist Council of Nagaland (NSCN).

Mizoram

Mizo National front was a phenomenal product of a famine. In the Lushai Hills of Assam in the early sixties a famine broke out. A relief team requested for help from the Government of India. But there was little help. The relief team organised themselves into the Mizo National front (MNF) to liberate themselves from the neo-colonial occupation of India. Against the democratic aspirations of the people Indian army moved in. The rebellion was so strong, that the Indian air force had to bomb the villagers. The armed forces compelled people to leave their homes. This devastated the structure of Mizo society. In 1986, the Mizo Accord was signed between MNF and Government of India. This accord was as deceptive as the Shillong Accord made with the Nagas earlier. To promote dominance by high caste Hindus, India clubbed poor non-feudal ethnic groups with Adivasis, cheating them in the name of scheduled tribes and in the process forcing them to be marginalized and stigmatized by the upper caste ruling elites of India.

Gradually it became the neocolonial hinterland for exploitation by the Indian state, where local industries were made worthless and now the people are entirely dependent on goods and businesses owned predominantly by those from the Indo-Gangetic plains. The new Indian unscrupulous businesses pull the economic strings of this region.

Tripura

In Tripura the indigenous population has been reduced to a mere 25% of the total population of the state because of large scale immigration from the North east and Bangladesh.

A series of repressive laws were passed by the Government of India in order to deal with this rising National liberation aspiration of the people of North east. In 1953 the Assam maintenance of Public Order (Autonomous District) Regulation Act was passed. It was applicable to the then Naga Hills and Tuensang districts. It empowered the Governor to impose collective fines, prohibit public meetings, and detain anybody without a warrant. Indian atrocities from 1980 onwards include: the massacres of civilians at Heirangoi thong (Manipur) in 1984, at RIMS Manipur in 1995, at Malom (Manipur) in 2000; the horror of army torture and violence on civilians during operation Blue bird (Manipur) in 1987 and operation Rhino (Assam) in 1991. Indiscriminate firing on civilians by armed forces personnel when their own vehicle burst in the town of Kohina (Nagaland) in March 1995, the shelling and destruction of the town of Makokchung (Nagaland) in 1994, the enforced disappearances of Loken and Lokendro (Manipur) in 1996, and the rape of Miss N Sanjita (who subsequently committed suicide) (Manipur) in 2003.

Concluding remark

After the Partition, India emerged as the new-colonial power. The North East still yeans for freedom.

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The myth of “shared values”

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PM Narendra Modi and US Vice-President Kamala Harris during a press statement. (Photo: Twitter/@MEAIndia)

The Indian prime minister’s visit to the USA underlines a paradigm shift in the United States’ policy: a shift from Europe to Asia. The shift is dictated by India’s constant pressure on the US to do its part of the quid pro quo for India’s joining the Quad, a conglomerate to corner China. Like the USA, India also is embarrassed at the fall of Kabul. India wants that the Taliban would shut their eyes to the reign of terror in the occupied Kashmir. In its disappointment, the USA, like a rueful baby, is doing everything on India’s bidding to further isolate Pakistan.

Still the portents are that not everything is hunky-dory with Indo-US relations. The US wants India to cancel its deal to purchase the S-400 air defence system from Russia. The US has given India a muffled message that unless the deal is cancelled India may face sanctions. India is hopeful of getting a waiver.After all, India became a member of the nuclear club without signing the Non-Proliferation Treaty. India has been a recipient of the US favours in the past also.  In July 2003 India turned down the US request to provide 17,000 troops to shore up America’s war in Iraq. Then, India under prime minister Manmohan Singh also refused to support any US attempts to isolate or topple the Iran government. Manmohan wished Russian diplomacy on Iran’s nuclear programme would succeed.The US companies have invested $ 200 billion in China. Yet, she is perceived as the number one competitor to the US. The reason is that China may surpass the US in terms of Gross Domestic Product growth in the near future.

US ennui
To Modi’s chagrin, the US president Joe Biden and vice-president Kamala Harris underscored the importance of democratic values in their meetings. Biden quoted Mahatma Gandhi’s message of tolerance to allude to prevailing intolerance of BJP’s government, an avatar of the Rashtriya Swayamsevak Sangh. Harris stressed the need for democratic countries to “defend democratic principles and institutions. Her remarks amounted to a diplomatic nudge to the Indian leadership amid concerns about “democratic backsliding” in India (Freedom house and the Economist downgraded India).
Before Biden and Modi joined their delegations for bilateral talks, the US President had made opening remarks: “Our partnership is more than just what we do. It’s about who we are…. It’s rooted in our shared responsibility to uphold democratic values, our joint commitment to diversity, and it’s about family ties, including four million Indian Americans who make the United States stronger every single day.”
Harris said at a joint media appearance with Modi before their first in-person meeting at the White House: “As democracies around the world are under threat, it is imperative that we defend democratic principles and institutions within our respective countries and around the world, and that we maintain what we must do to strengthen democracies at home.
She had earlier openly differed on Twitter with Jaishanker when he refused to attend a meeting with the House foreign affairs committee because the US legislators had rejected his request to exclude Indian-American Congresswoman Pramila Jayapal, who had been critical of the Modi government’s Kashmir policy.
“It’s wrong for any foreign government to tell Congress what members are allowed in meetings on Capitol Hill,” Harris had tweeted in December 2019.
Shared values
As for “tolerance”, the US invasions of Iraq, Syria, Libya and Afghanistan leave no doubt about how much the US believes in what it professes.

India’s democratic “tolerance”

Since British raj days, India’s north east had been a simmering cauldron of freedom movements. British colonists held sway over the North East at gun point. In footsteps of the British colonists India suppressed freedom movements in the volatile North East through a slew of draconian laws. The most atrocious law applied to the region was the Armed Forces Special Powers Act 1958. It was later extended to the disputed Jammu and Kashmir state also.

The AFSPA violates the fundamental constitutional rights of right to life, liberty, freedom of speech and expression, peaceful assembly, free movement, practice of any profession, and protection against arbitrary arrest and freedom of religion, as enshrined in Articles 21, 14, 19, 22 and 25 of the Indian Constitution.   AFSPA has been used in these regions to inflict thousands of deaths, custodial deaths and rape, torture, encirclement of the civilian population, combing operations, looting of private citizen’s property etc. Thousands of youth have simply disappeared.

Onus of proof on the accused

The AFSPA holds an accused guilty until proven innocent. This law violates legal maxim Ei incumbit probatio qui dicit, non qui negat (“innocent until proven guilty”).

A quasi-emergency

A governor of an Indian state could through a notification declare a state to be “disturbed” without consulting the state legislature. The law gives armed forces immunity from any accountability. The law is not “in aid of civil authority” but “in place of civil authority”.

Powers of officers

Section 4 gives the following special powers to any commissioned officer, warrant officer or non commissioned officer of the armed forces in a disturbed area: (a) If in his opinion, it is necessary for maintenance for public order to fire even to the extent of causing death or otherwise use force against a person who is acting in contravention of an order prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapon. (b) If in his opinion, it is necessary to destroy any arms dump or fortified position, any shelter from which armed attacks are made or are likely to be made, and any structure used as training camp for armed volunteers or as a hideout for armed volunteers or as a hideout for armed gangs or absconders. (c) Arrest without warrant any person who has committed a cognizable offence and to use whatever force is necessary to affect the arrest. (d) To enter and search without warrant any premises to make an arrest or to recover any person wrongfully confined or to recover any arms, ammunition, explosive substance or suspected stolen property.

Section 2 (c) of the Act also clearly shows the close affinity between AFSPA and those laws governing the military such as the Army Act (1950). It reads, ‘All other words and expressions used herein but not defined in the Air Force Act 1950, or the Army Act 1950, shall have the meaning respectively assigned to them in those Acts’.

A war against own people

The act applies toacts that are ‘likely to be made’ or ‘about to be committed’. This presumption is characteristic of war zones. In a war situation, any officer whether he is a commissioned, junior commissioned or non-commissioned officer-leading his men in the field is the judge as well as part of the body that executes his judgments.

The AFSPA grants armed forces personnel the power to shoot to arrest, search, seize and even shoot to kill. Thus it violates the Right to Life enshrined in Article 21 of the Constitution of India which guarantees the right to life to all people. The AFSPA also violates the International Covenant on Civil and Political Rights (ICCPR). India signed the ICCPR in 1978, taking on the responsibility of securing the rights guaranteed by the Covenant to all its citizens. In particular, the Act is in contravention of Article 6 of the ICCPR guaranteeing the right to life.

Concluding remark

India is often called “the world’s largest democracy” by the West. Western notion of democracy (Westminster model) is that it is government of the people (masses, not classes), for the people and by the people.  In truth, Indian democracy is in name only, not in substance. The “shared values” are a ruse.  

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