The other day my friend while discussing Kashmir’s worsening situation literally rebuked me for writing yet another opinion on Kashmir’s current uprising and prevailing mass unrest, reacted brutally so far by security forces leaving about sixty nine civilians dead and thousands injured.
The point is whether mass cries and scores of articles, opinions or commentaries, etc, on Kashmir’s worst uprising so far have made any difference on the ground situation, as far as the tactful tackling or peace building or approaching the angry and protesting people is concerned? The answer is a clear no.
Why is it so, there are reasons. The reason is not that the nation does not politically understand Kashmir and its issues or what people refer to when they talk of UN Resolutions, Plebiscite or right to self determination or Azadi, etc,. The nation seems more worried about geo-politics and cannot afford to see its hostile neighbor coming closer. Also Kashmiri people understand that security forces or local police are trained personal and do what they are asked to do and do not do things on their own. Therefore whatever, killings or torture so far in the valley cannot be attributed only to forces and their mishandling but to the political masters who control them. The question is why so many killings don’t still matter and apart from night raids and intimidation against masses, what positive and reasonable efforts are being done on the ground to normalize the situation? Is there any, I doubt.
A Dangerous Tit for Tat
Now there is a strange dichotomy and a tit for tat situation when the uprising is in its second month. Strikes or shut down or in common parlance hartals during the day called by the resistance camp and stressed religiously by militants as a direct action of dissent are followed by masses. On the other hand forces now impose curfew during the night time when people were actually moving out after day long shutdowns. The two camps, i mean forces and separatists, have therefore shared the whole 24 hours of a Kashmiri in equal proportion leaving him completely breathless. People protest during the day, forces beat them in the night. Forces barging in peoples’ homes at night and smashing window panes is also on. A million stones for a million pellets. When it comes to Kashmir context, we have developed a strong culture of direct action in terms of hartals since decades now but till date without any significant results as everybody takes it as a normal affair of life now. Still people defy curfews for protests and follow hartals religiously. The reason is the system in place which is crippled and has no credibility among the masses. The power elite has even has lost guts to face the same people who voted them to power. They only offer sermons of peace without actually doing anything for it and play blame game to escape queries. Justifying violence in Kashmir is easy and labeling Pakistan for everything is much easier but understanding the woes of and approaching the masses especially now when the use of power has crossed all limits seems very difficult. This difficult situation is further made impossible by politicians who are either in opposition or anti-Mehbooba by their rhetoric. The only thing so far constructive they have done is approaching the President and the PM in the centre. Hartal calendars keep appearing and updating like examination date sheets and calls for bandhs and chalos’, etc, continue only to be curbed or foiled by the state. When hartal time is over, forces start their turn. Where will it all end, nobody knows. What is the way out; nobody knows even not the state at the moment.
Kashmir has been suffering since centuries and witnessed a plethora of unaccounted oppression and long drawn conflict with linkages to cruel history. This has slowly led to coping strategies among masses and they have developed enough resilience and honed survival instincts and ability to survive under all kinds of adverse situations. During the acute conflict situation in 1990’s there used to be hartals for months together, like Dargah Hazratbal siege (1993) and long drawn hartals, massive uprisings of 2008 and 2010 (the new ragdo culture) but life never stopped despite acute situations. Also for any act or activity that starts hampering the economic interest of the Kashmiris, they quickly discover a way to overcome, manoeuvre or bypass it. Also people in Kashmir now have turned self medicos and psychologists or counselors as well. They witness the worst but take it easy now because they know there is no way out but to live it. Same is the case with the mass protests or bandhs that Kashmir followed and preferred over violent conflict but not without a range of repercussions. This time the rage has crossed all limits and Burhan Wani incident on July 8, played just a trigger.
Media Trials only Alienate Further
While Kashmir’s 2016 uprising is on, many media persons were thrashed either by masses or by security forces. Why masses don’t believe what they call Indian media can be attributed to venom that prime time channels spew on Kashmir and its people. Over last few years, people of Kashmir have become well aware of the true intentions, biases, and political games of media and large chunks of youth oppose their (prime time channels) Kashmir policy, goals and aspirations. Even media channels who insult every Kashmiri panelist very well know what is ailing Kashmir and what people want but their TRP craze changes the whole discourse on Kashmir that only leads to provocation and alienation besides strengthening the dissent on the ground. Baring a few media groups, Kashmir and Kashmiris are maligned and presented differently to the nation and labeled even as terrorists. Such a venomous approach further alienates people as their point of view hardly comes to surface.
Youth and Dissent
Some of the very meaningful manifestations were seen during the floods in September 2014 where the same dissenting youth saved thousands of lives. Why the same youth are now on streets against the power reflects the oppressive designs of the state that have forced them to do so. Why isn’t the culture of dissent changing in the valley and why efforts have still not been made to approach youth, remains a question to ponder over? Does Kashmir need new ways to display anger or oppression, also needs a deeper thought as the fallout is so expensive given the prevailing bloodshed? For a pellet or a bullet cannot be an answer to a stone, State is yet to ban the lethal weapons and justify crisis mishandling by least equipped security personnel merely as a self defence or a small sorry after a murder.
What is the way-out to all this mess? The answer is peace but the very peace will be felt only by addressing human rights abuse so far and bringing the culprits to justice. How is Noman- the little son of murdered lecturer Shabir Mangoo-who was beaten to death by forces different from the Aleppo’s (Syria) five year old boy Omran-who was pulled out of the rubble of a bombed building in Syria recently which made the whole world cry? Is Kashmir becoming India’s Aleppo by such heinous crimes and why isn’t the nation crying for Noman? What is such an unaccounted violence going to teach the young children like Noman? Why is the State hell bent on turning Kashmiri youth into a lost generation. Such a catastrophe is actualizing gradually as resistance discourse and the masses’ resolve irrespective of caring about economy, value of life or scare of torture is going hand in hand. Who will address this dangerous trend? At least bullets and pellets or beating people to death in night raids or routine abuse will not address this.
Today’s well read, upward looking and a progressive Kashmiri is wise enough. He is articulate in his content as well. He raises questions in every TV show, conference or seminar on Kashmir, human rights, democracy, etc,. He has learnt a new dissent but needs satisfactory answers to his genuine queries which he never gets and in turn is labeled as seditious or anti-national. He demands a true answer on the question of recent killings and torture, he recalls Bijbehara massacre, Dardpora widows, half widows, Kunan-Poshpora mass rapes, Asiya-Neelofar double rape and murder, Pathribal massacre, Wandhama massacre, Chattisingpora tragedy, suffering of Kashmiri Pandits, disappearances & mass nameless graves, fake encounters like Machil tragedy, youth arrested and criminalized under PSA, prolonged detentions of leaders, muzzled voices, time and again gagged communication in the name of law and order, hijacked democracy and futile Bandhs, unaccounted killings under draconian AFSPA, etc,. Is the nation ready to address these grievances and prove that Kashmiris’ have all Azadi like the rest of Indians? He is made to feel like another Indian when he has been already made into a monster and even labeled a terrorist. The troll brigade online keep abusing them and media houses even YouTube keeps allowing such abusive comments.
Look For a Way-out Now
There is a dire need to address the current violent social unrest and it should not be taken or forgotten like past uprisings. Kashmir’s new social movements are now emanating from internet, use of new media, intellectual and political discourses. Still there are enough believers of peace diplomacy and functional interlocutions, fruitful and result oriented interactions and mediations provided the government in power initiates such a dialogue. Also people aspire for reconciliation and establishment of truth and accountability commissions which need to be respected. The only thing that remains to be actualized is the empathetic power apparatus that treats people their own and really care about blindly slapping PSA’s on youth and unaccounted use of bullets and pellets to suppress but feel the pain of civilian killings day in and day out and try practical measures to stop it. At the moment nothing but use of force is the only reality on the ground.
The nation has failed to listen to and harness the potential of Kashmiri youth who have always been seen as a threat rather than an opportunity to make peace in the trouble torn region. They are active in politics and are brilliant in administration and entering in every sphere of life but they have grievances which cannot be answered every time by force and bullets and pellets.. They are fed up with shrewd politics and the policies of the great divide. They are becoming able scientists, researchers, writers, administrators, etc, who know their way and I am sure who can work for a different Kashmir which believes in peace and pluralism and is highly opposed to oppression, inequality and exclusion. This all can happen provided they are given a space and a platform to have their say. They are allowed to protest peacefully and are approached by authorities to address their grievances. They just demand justice and that must be delivered by thinking Kashmir as a political problem and treating Kashmir as the people of Kashmir not just its mountains and lands. Hatred only begets hatred and indifference only breeds chaos and alienation.
I am sure the nation has not lost vision on Kashmir but certainly before the PM spoke on the youth killings and the need for a dialogue beyond development discourse, nation seemed not caring about Kashmir. The Home Minister’s second visit to the valley for making peace is a welcome step and should bear fruits of peace in the valley.
The Taliban-Afghanistan Dilemmas
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.
How India utilised the AFSPA to suppress freedom movements?
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.
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).
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.
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.
After the Partition, India emerged as the new-colonial power. The North East still yeans for freedom.
The myth of “shared values”
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.
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.
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 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.
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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