CAPFs get protection against arrest

The Union Ministry of Home Affairs has granted protection from arrest to the personnel of the Armed Forces of the Union of India and Central Armed Police Forces (CAPFs) in the Union Territories of Jammu and Kashmir and Ladakh. This decision was made following the abolition of Article 370, which had provided special status to the erstwhile state of Jammu and Kashmir. Previously, the Ranbir Penal Code of 1989 was in force in the region, and under Section 45 of the Code of Criminal Procedure, members of the Armed Forces were not protected from arrest. The protection applies to incidents that happen in the line of duty.
There are instances where different forces have faced uncomfortable situations, such as detention and being accused of using force to handle situations during search operations. Protection from arrest aims to prevent such situations from arising. Soldiers of all Central Forces will now receive protection from arrest, including when travelling on duty.
There are various instances of Jammu and Kashmir Police initiating legal proceedings against forces involved in the firing incident or pellet gun usage at various locations. The police had registered cases under Sections 302 and 307 of the Ranbir Penal Code, which pertain to charges of murder and attempted murder, respectively. Leave alone jawans, even officers had been booked in the past and were facing court proceedings in different parts of UT. In the past, an Army officer tied a man to a jeep and used him as a human shield against stone-pelters in Jammu and Kashmir to save their lives. The security personnel responsible for the act had been charged with kidnapping and endangering the man’s life.
Armed forces in Kashmir are vulnerable to threats from mobs and angry crowds, particularly during public protests and unrest. Mobs resort to physical violence, throwing stones or other objects and physically attacking army personnel. Sometimes they abuse and harass forces, making it difficult for them to carry out their duties. Certain elements incite violence against forces by spreading rumours, false information, and propaganda. Certain individuals provoke forces by engaging in aggressive behaviour, leading to a further escalation of violence. Mobs have used innocent civilians as human shields, putting army personnel in a difficult position.
These threats are particularly dangerous in situations where the mob is large and agitated. Armed forces always exercise caution and restraint while dealing with such situations and follow proper protocols to ensure the safety of themselves and civilians. However, when things go out of control and the lives of forces, their installations, or danger to public property are at risk, they act in self-defence. But political parties, to please separatist elements, do get the forces booked unnecessarily.
Forces are granted legal authority by the Government to carry out their duties, including the power to detain individuals, use force when necessary, and carry firearms. They are typically governed by strict rules of engagement that dictate when and how they can use force in different situations. These rules are designed to prevent excessive use of force and ensure that the actions of security forces are proportional to the threat they are facing. In some cases, security forces may be granted immunity from prosecution for actions taken in the line of duty. This is often the case in situations where the use of force is deemed necessary and proportional. Security forces are typically required to undergo extensive training and education on legal and ethical issues related to their work. They are also subject to strict accountability measures, including internal investigations and external oversight, to ensure that they act within the law and uphold their duties.
Any abuse or misconduct by security forces is investigated and prosecuted under the law. However, all these protections were missing in the UT, and as such, the decision to protect forces against arrest is a timely and much-appreciated step.