Armed forces are trained to operate in War zone. However in
India, due to internal disturbances Army had to be called in certain areas
facing internal disturbance. For Army to perform their duties effectively in
populated areas,it was felt that Army needed certain special powers. The
Government sanctioned these powers by passing Armed Forces Special Powers Act
in 1950s.AFSPA provided immunity to Army personnel for their actions when
deployed in populated areas to combat insurgency.
The
AFSPA Act was first imposed in
insurgency hit areas of North East in 1950.Army personnel had powers to shoot
down people if they assembled in large numbers; powers to arrest or search
without warrant. Later this Act was also imposed in Jammu and Kashmir in 1990
to combat terrorism. Over the years there has been a wide spread public protest
against the Act in both Jammu Kashmir and North East. There are several
allegations against Army of torture,rape ,and murder. Recently several unmarked graves
found in Kashmir lending credence to the allegation that army was committing
human right violations. Army on other hand claims that AFSPA is essential for
it to effectively fight terror. This is because , unlike in a war zone where enemy can be easily spotted, a
terrorist moves with the crowd. There is no denying the fact that army needs
adequate autonomy for it to effectively combat terror and insurgency.
For
over a decade now there have been demands to repeal AFSPA from various quarters
of society. Many allege that legal immunity to army has allowed them to commit
human rights violation with impunity. However army has stuck to its stand that
AFSPA is necessary for it to fight terrorism and insurgency. A way out of this
impasse is to find a middle path that allows for prosecution of army personnel
in cases involving gross human right violations and putting in place an
internal ombudsman for army to inquire into other cases. This would meet the
demands of both army and people while also reinforcing faith of people in its
army
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ReplyDeleteIf im not wrong AFSPA was enacted in 1958 and not in 1950...
ReplyDeleteYes rash, you are right. it was supposed to be 1950s . will correct now
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