Dr Sudershan Kumar
Even after twenty six years of it’s implementation, the Armed Forces Special Power Act(AFSPA), remains a bone of contention in Jammu and Kashmir. The consistency seen in the demand for the withdrawal of AFSPA made by the various sections of civil society, few political parties and academicians over the years is surprising and a dangerous proposition without understanding the security implications and the circumstances under which the law was enacted in Jammu and Kashmir State. More astonishing is to see that even the political parties who were on the helm of the affairs at that time now want a debate on this act and are an ante with the present Government for its removal. These people are well acquainted with the ground realities in Jammu and Kashmir State especially in valley, where the security forces have to face the hostile mob of stone pelters during combing operations for flushing out terrorists from their localities.
Moreover it is an open secret that militancy in Jammu and Kashmir is sponsored by Pakistani army, Inter Services Intelligence (ISI) and Jehadi organizations like Lashkar e-Taiba(LeT), Hizbul Mujahideen (HM) and many others. This has been further confirmed by Federal Bureau of Investigation (FBI) in the US Court in the year 2011. FBI had made a statement about ISI of Pakistan sponsored terrorism in Jammu and Kashmir State and also its engagement with the separatists movements in valley.
Hawks in Pakistan after losing three wars (1947, 1965, 1971) realized that it is impossible to capture Jammu and Kashmir from India by force as a result they evolved a policy enunciated by Z A Bhuto in eighties to “bleed India with thousand cuts”. As per the policy, Pakistani Army and ISI started sending terrorists in the form of foreign missionaries, Afghan Mujahideens in Jammu and Kashmir with sole aim of disturbing peace, destroying the secular fibre of peace loving innocent Kashmiris, creating unrest, spreading radical Islamic ideology and selective killings in the valley. These terrorists along with the anti social elements and disgruntled people paralysed the civil administration completely. They started issuing dictates to the general public and spread a reign of terror in the valley. This resulted in exodus of Kashmiri Pandit families in 1990 when they migrated from Kashmir valley to Jammu and other parts of the country. Many of them are still staying in migrants camps. As a result there was complete break down of law and order in the Kashmir valley. Hence at that instant of time, to bring the situation under control and to deal with heavily armed foreign missionaries effectively, Govern-ment of India had no option except to declare Jammu and Kashmir as a disturbed area and enacted AFSPA in Kashmir valley on 6th July 1990 and subsequently extended to Jammu Division on 10th April, 2001. The armed forces special Power Act is a collective name of several acts passed by Government of India for providing special powers to Indian Armed forces and also to provide army officers and jawans with a legal immunity for their actions in disturbed area.
It is also important to know that in a democratic country like India, the armed forces have no say for imposition of AFSPA. It is the political leadership in power who adjudicates about AFSPA keeping in mind the national security and integrity of the country.
Most of the activists are apprehensive that the army may misuse this power without warrants, but on the contrary, the Indian army makes use of this Act very judiciously. No arrest or search in villages/houses is carried out randomly. This is only done after getting specific inputs about the presence of militants in that area. Even the power to fire first is rarely used by Indian army during insurgency operations. Invariably the militants start firing first.
Such sensitivity is not displayed by foreign armies. Even the Pakistani army uses maximum force during insurgency operations to burst the militant hide outs without caring about the extent of damage. They often use artillery and air force, thus inflicting heavy casualties to civilian population and collateral damage is also maximum. Similarly NATO forces used missiles and air power to destroy the militant hide outs in Afghanistan. Indian armed forces often use low caliber weapons during combing operations.This cause minimum damage. Those who are aware must understand that the presence of armed forces creates sense of security and not the fear among the masses.
To further substantiate the endurance and restraint shown by the Indian army, besides, fulfilling the responsibility of controlling the situation in Jammu and Kashmir state, the program Sadbhavna launched for the benefits of the people of Jammu and Kashmir State needs mention. Under this the main focus is on providing quality education, building infrastructure in far flung areas, renovations of the school buildings, construction of bridges, construction of play grounds for the children and providing medical facilities. They also provide scholarships to the needy students and arrange Bharat Darshan tours for students.
Even the assistance rendered by the army during nature’s fury in Sept 2014 is also not talked much now. That was the time when whole valley was plunged into water and armed forces were the first to respond to rescue local population from this natural calamity.
It is quite painful to see in view of the aforementioned facts, that some sections of society and so called political pundits criticize the presence of armed forces in the valley and try to echo their voices with separatists for withdrawal of AFSPA from Jammu and Kashmir. They very well know the nefarious designs of Pakistan about Kashmir. In fact the Pakistan army and ISI is using LeT & HM and other radicalized elements as their strategic assets to create unrest in valley using various means and want to keep the pot boiling for international attention. For this their approach is many fold.
Firstly, launching of misinformation campaigns and false propaganda through internet, you tube, twitter, and loud speaker. Secondly, spreading religious fanaticism among the innocent masses of Kashmir valley. Thirdly, establishment of a large number of training camps along the LoC and launch pads. These training camps are used for providing training to terrorists and then pushing them into Jammu and Kashmir state for creating disturbance. Fourthly, inciting mob for raising Pakistani / ISIS flags and stone pelting etc.
Keeping in view the above security environment in the Kashmir valley it is out of question to withdraw AFSPA from Jammu and Kashmir State. Even the partial withdrawal will not be in the interest of national security. The locations where some people feel the AFSPA can be withdrawn will serve as breeding grounds for the terrorists. Needless to mention here is that the section of society who tends to become champions of appeasement to hard fed scope in Kashmir valley must understand that how much support they enjoy within the local population. A recent glaring example is the Iron lady Irom Chanu Sharmila, a political activist, who always advocated for the withdrawal of AFSPA from Manipur and remained on hunger strike nearly for seven years, got only 90 votes when she contested the elections during recently concluded Manipur elections.Therefore those who are on the helm of affairs should look for other alternative innovative means available in the country rather then asking for the with drawl of AFSPA. The author is of the opinion that AFSPA acts as deterrence and provides upper hand to the armed forces against the terrorists but not the common masses.
feedbackexcelsior@gmail.com
Trending Now
E-Paper
Follow our WhatsApp channel