By: Ravi Nitesh
Published at: Greater Kashmir
AFSPA provides a license to kill because it gives impunity to security forces. Shoot to kill alone is not the only dangerous thing; the main impunity lies under the next section where it is defined that no criminal case will be registered without special permission from central government. Judiciary is in such a pity condition that it cannot start prosecution of fake killings, rapes etc against the AFSPA shielded security forces. It is a miasma of toxic laws that people of the affected region are inhaling in their everyday life.
It is such a dangerous situation where lot of companies of security forces have been deployed in Kashmir and NE regions since last many years, while the rest of India enjoys civil life. By this way it has been shown that in fact people of J&K and NE regions are not peace loving and these uncivilized people must be taught a lesson.
It is really a wonder that a democratic country that established the Right to life under Article 21 of its constitution is itself making a provision of providing impunity to its security personals even in a case where their action can result in loss of life on a ‘mere suspicion’ basis or on avoiding any general law? These regions are facing a military rule at present. The democratic country shamefully witnessed naked protest of women at Manipur and many protests in J&K. Committees formed by government itself found the law as draconian and advised to repeal it. Supreme Court in its decisions found the fake encounters in Kashmir and Manipur and even directed the government for compensation. But the question still remains, as Supreme Court did not advise to register criminal case against the security personals.
Such laws are not only undemocratic, but also dangerous for the people in the long run. People there will start believing in violence and counter violence strategies. Rather than coming to any solution, the stubborn approach has no tool to sustain further. In spite of deploying hundreds of companies of CRPF and other military and paramilitary forces only in these regions, why could they not declare it peaceful till now? Everyone knows that Disturbed Area Act is the root cause, on the basis of which AFSPA gets imposed. But again everyone knows that even Disturbed Areas Act is not defined completely and it has not been told that when an area will be declared 'disturbed'. Why is it solely on the will and desire of governor or administrator?
The struggle for AFSPA in present days is in fact not limited (restricted) to people of 'victim states' (AFSPA affected states), but it actually covers much more population. It is because people of other states must know that similar laws can get imposed on them too in future. AFSPA puts a question that how an elected government (representative of people) of a state become helpless before a rule of 'military' and how this 'elected' government and its state machinery cannot do much to stop exercising the special laws given to security forces. In fact, it is a slap on the democracy that makes a provision of military law and 'show case' democracy.
Whispers of political corridors about AFSPA must come out in the open now. All elected representatives must speak against this law in parliament. All courts must exercise the possible remedies to start hearing of human rights violations in speedy manner. We must get rid of this law. Together we have to make our air clean so that we inhale clean and healthy air.
Published at: Greater Kashmir
It’s time to repeal this draconian law
UNBRIDLED POWERS
RAVI NITESH
AFSPA provides a license to kill because it gives impunity to security forces. Shoot to kill alone is not the only dangerous thing; the main impunity lies under the next section where it is defined that no criminal case will be registered without special permission from central government. Judiciary is in such a pity condition that it cannot start prosecution of fake killings, rapes etc against the AFSPA shielded security forces. It is a miasma of toxic laws that people of the affected region are inhaling in their everyday life.
It is such a dangerous situation where lot of companies of security forces have been deployed in Kashmir and NE regions since last many years, while the rest of India enjoys civil life. By this way it has been shown that in fact people of J&K and NE regions are not peace loving and these uncivilized people must be taught a lesson.
It is really a wonder that a democratic country that established the Right to life under Article 21 of its constitution is itself making a provision of providing impunity to its security personals even in a case where their action can result in loss of life on a ‘mere suspicion’ basis or on avoiding any general law? These regions are facing a military rule at present. The democratic country shamefully witnessed naked protest of women at Manipur and many protests in J&K. Committees formed by government itself found the law as draconian and advised to repeal it. Supreme Court in its decisions found the fake encounters in Kashmir and Manipur and even directed the government for compensation. But the question still remains, as Supreme Court did not advise to register criminal case against the security personals.
Such laws are not only undemocratic, but also dangerous for the people in the long run. People there will start believing in violence and counter violence strategies. Rather than coming to any solution, the stubborn approach has no tool to sustain further. In spite of deploying hundreds of companies of CRPF and other military and paramilitary forces only in these regions, why could they not declare it peaceful till now? Everyone knows that Disturbed Area Act is the root cause, on the basis of which AFSPA gets imposed. But again everyone knows that even Disturbed Areas Act is not defined completely and it has not been told that when an area will be declared 'disturbed'. Why is it solely on the will and desire of governor or administrator?
The struggle for AFSPA in present days is in fact not limited (restricted) to people of 'victim states' (AFSPA affected states), but it actually covers much more population. It is because people of other states must know that similar laws can get imposed on them too in future. AFSPA puts a question that how an elected government (representative of people) of a state become helpless before a rule of 'military' and how this 'elected' government and its state machinery cannot do much to stop exercising the special laws given to security forces. In fact, it is a slap on the democracy that makes a provision of military law and 'show case' democracy.
Whispers of political corridors about AFSPA must come out in the open now. All elected representatives must speak against this law in parliament. All courts must exercise the possible remedies to start hearing of human rights violations in speedy manner. We must get rid of this law. Together we have to make our air clean so that we inhale clean and healthy air.
