The AFSPA, instituted by Parliament by
piri on Jul 26, 2016 11:38 AM | Hide replies | Hide message
in 1958 to put down insurgency by Naga rebels, was later extended to each of the 7 north eastern states. In 1958, when the act was promulgated in the Naga hills, the plan was to keep it in place for 1 year - adequate time as assessed by the then govt to stamp out the insurgency.
Nearly 60 years on, not only is the AFSPA still in force in Nagaland but has also been in force there without a break !
Added to that, the AFSPA has also been extended to cover all the 7 north eastern states !
This, by itself, announces the abject failure of the act in addressing the core objective for which it was enacted, viz, to quell and stamp out insurgencies and to pave the way for civilian administration.
Apart from the North East, the AFSPA was imposed in the Kashmir valley in 1990 and has been continuously in force there ever since.
What has led insurgencies to grow in these regions despite the AFSPA being in force for so long ?
The AFSPA is draconian in nature, being a straight copy of the measure the British drew up and imposed to put down the Quit India movement of 1942.
It empowers soldiers to shoot to kill, to raid houses, to confiscate or destroy the assets of civilians they regard as susceptible to become accomplices of insurgents and it frees the soldiers completely from any kind of an accountability for such acts of theirs.
And soldiers have grossly misused this provision no end. They have killed, and killed wantonly. They have raided and looted private properties of many.
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Re: The AFSPA, instituted by Parliament
by piri on Jul 26, 2016 11:40 AM
They have indulged in extortion - much like the underworld extorts money from businesses.
And they have raxped.......and raxped a large number of women !
And all this because they know they cannot be pulled to court for any of these acts !
Now, what would the AFSPA apologist say about such records of many soldiers ?
Well, he would dutifully say that some civilians who had no sympathy for the insurgents too might have been killed in the cross fire and that this should be regarded as a mistake and not anything else !
But what would the apologist say about those other acts of many soldiers - extortion and raxpe ?
Why would the soldier need to extort from or raxpe anyone in his line of duty ?
Why should the soldier enjoy complete immunity for extorting and raxping ?
The primary argument of the army in retaining the AFSPA and not dispensing with the immunity clause in the AFSPA is that it is needed to protect the soldier from having to spend all his time running to courts for the trials of every incident of shooting in such trouble torn areas. But the army or its apologists have not said anything so far about the silent rage of those who were robbed or raxped by soldiers !
Political commentator Siddharth Varadarajan writes that instead of criminal proceedings against soldiers requiring official permission, blocking of prosecution could be made possible only on official action. He suggests that Section 6 of AFSPA could be amended to read: “No prosecution … sha
Re: Re: The AFSPA, instituted by Parliament
by piri on Jul 26, 2016 11:42 AM
shall be instituted against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act where the Central government provides reasons in writing and the competent court upholds the legal validity of these reasons.”
“Such a provision” he argues, “would prevent good officers from being prosecuted for killings which result from acts of good faith while allowing the bad apples to be prosecuted for their crimes. The government would still have the right to intervene on behalf of a soldier who has committed an illegal act. But this would require a Minister to take personal responsibility for a decision….
The AFSPA, instituted by Parliament by
piri on Jul 26, 2016 12:28 AM | Hide replies | Hide message
in 1958 to put down insurgency by Naga rebels, was later extended to each of the 7 north eastern states. In 1958, when the act was promulgated in the Naga hills, the plan was to keep it in place for 1 year - adequate time as assessed by the then govt to stamp out the insurgency.
Nearly 60 years on, not only is the AFSPA still in force in Nagaland but has also been in force there without a break !
Added to that, the AFSPA has also been extended to cover all the 7 north eastern states !
This, by itself, announces the abject failure of the act in addressing the core objective for which it was enacted, viz, to quell and stamp out insurgencies and to pave the way for civilian administration.
Apart from the North East, the AFSPA was imposed in the Kashmir valley in 1990 and has been continuously in force there ever since.
What has led insurgencies to grow in these regions despite the AFSPA being in force for so long ?
The AFSPA is draconian in nature, being a straight copy of the measure the British drew up and imposed to put down the Quit India movement of 1942.
It empowers soldiers to shoot to kill, to raid houses, to confiscate or destroy the assets of civilians they regard as susceptible to become accomplices of insurgents and it frees the soldiers completely from any kind of an accountability for such acts of theirs.
And soldiers have grossly misused this provision no end. They have killed, and killed wantonly. They have raided and looted private properties of many.
Re: The AFSPA, instituted by Parliament
by piri on Jul 26, 2016 12:41 AM
They have indulged in extortion - much like the underworld extorts money from businesses.
And they have raxped.......and raxped a large number of women !
And all this because they know they cannot be pulled to court for any of these acts !
Now, what would the AFSPA apologist say about such records of many soldiers ?
Well, he would dutifully say that some civilians who had no sympathy for the insurgents too might have been killed in the cross fire and that this should be regarded as a mistake and not anything else !
But what would the apologist say about those other acts of many soldiers - extortion and raxpe ?
Why would the soldier need to extort from or raxpe anyone in his line of duty ?
Why should the soldier enjoy complete immunity for extorting and raxping ?
The primary argument of the army in retaining the AFSPA and not dispensing with the immunity clause in the AFSPA is that it is needed to protect the soldier from having to spend all his time running to courts for the trials of every incident of shooting in such trouble torn areas. But the apologist wont say anything about the silent rage of those who were robbed or raxped by soldiers !
Political commentator Siddharth Varadarajan writes that instead of criminal proceedings against soldiers requiring official permission, blocking of prosecution could be made possible only on official action. He suggests that Section 6 of AFSPA could be amended to read: “No prosecution … shall be instituted against
Re: Re: The AFSPA, instituted by Parliament
by piri on Jul 26, 2016 12:43 AM
any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act where the Central government provides reasons in writing and the competent court upholds the legal validity of these reasons.”
“Such a provision” he argues, “would prevent good officers from being prosecuted for killings which result from acts of good faith while allowing the bad apples to be prosecuted for their crimes. The government would still have the right to intervene on behalf of a soldier who has committed an illegal act. But this would require a Minister to take personal responsibility for a decision….
Re: Re: Hmmmm
by Shivamogga on Jul 27, 2016 02:48 PM
because chchaddee is part of agreeable lexicon whereas x'ian reference to thier nefarious activities is a taboo wah wah ! rediff stands exposed once again
Good article. Last year I visited Kashmir and has seen how our Army Jawans are doing their jobs in spite of so many odds. It is easy to preach and criticize. But I salute them. Don't politicize the Kashmir issue. Our Army is fighting a proxy war there for 24 hours..
Re: Sub: Army in kashmir
by Santa on Jul 25, 2016 11:34 PM
I can understand the heart-burn of this chchaddee Nitin Gokhale. He obeys the orders of JaggaaDaaku sitting in Delhi very quickly :-)
The whole game plan of ISI and their cohorts in valley have been systematically targeting the army and trying to create situation to push to army out of Kashmir.
Without AFSPA, the army cannot operate in its counter incurgency operations.
But out lib brigade has other plans and are playing in hands of the ISI.
Indian Army is Free to Act on Boarder or In Valley. But Cant be used Against Indian Citizens, Whether Kashmir or Agaist Naxalites. It Very Clear. It will Fire by Every Wepon Who will Stone On Army..No matter How Many Killed then.
