In the recent times there has been a consistent demand for outright removal and dilution of the draconian Armed Force Special Power Act,1958. It has been termed as the source of all that is evil in the state and region. Prima facie it appears to be a just demand as we live in a democratic nation state where the liberties of the people are supreme and need to be protected and safeguarded. So should the AFSPA, as it is fondly demonized, be diluted or scrapped? The answer to this has to be carefully crafted after viewing it not only with an emotional prism but also putting it to test with cold hard logic.
There is no doubt that justice is only respected and deemed to be delivered when not a single innocent is wrongly convicted even at the cost of acquitting many criminals. Let’s take this analogy further and apply it in an operative environment which is volatile and violent. Plain speaking, it tantamounts to the fact that the Security personnel should not be given sweeping powers which are unaccountable lest innocents are subjugated to their tyranny and the majority suffer for the minority.
Let’s run the usual narrative which the so called security experts dangle out, that “the security personnel are operating only when the area is declared a disturbed area and the situation is beyond the control of the local police and administration”. Let’s fathom the situation when it was normal and the area was not subjugated to Disturbed Area Act. The law enforcing agency, which is the Police is authorised to arrest any person and use force if threatened or in self defence down to the last rank. These too seem to besweeping powers, but there is no problem to the common man. Are these powers being always used legitimately, well yes, but aberrations do occur. But the point to ponder is whether the powers have been diluted ? No, the Police Act dates back to 1861 and thereafter the provisions have only been strengthened. So , the why then is there violent objections to AFSPA. It is here that we need to understand and educate the people that this act only comes into play when all the other measures and tools of the state have failed and are ineffective. The gravity of the situation is such that literally ‘Enhanced Police Powers’ are conferred on the Security Forces. Spare a thought also for the security force personnel who are thrown into this mess to bring sanity. Let us not forget that the security forces are from the same nation and enjoy the same human rights which need certain safeguards in such a volatile and vicious environment.
AFSPA is to empower the Security Forces and enhance their functionality. So, is scrapping AFSPA the anwer, I am afraid not, it needs to be understood that the provisions by themselves are not draconian but there use can be! This is what is contentious and should be debated. We are living in a Disturbed Area:Nagaland for quite sometime now, but how many instances of excesses or illegitimate use of AFSPA have been reported in the last decade. Very few! It is universally accepted and true that the key for a just and fair society is that the power has to be exercised legitimately and with discretion but having no power will yield lawlessness and chaos. In today’s age of near real time transparency and reach of social media it is nearly impossible to do any wrongdoing and hide it. It is instantaneously available in public domain for comments and opinions. Therefore, isn’t it now more prudent not to tinker with the provisions of AFSPA taking into consideration that the watch guard mechanisms have become more stringent as foul play or excesses will definitely be brought to public notice. Diluting or scrapping AFSPA will only make the security forces vulnerable and ineffective and that my dear friends will be the fall of the last bastion of the state. Let us, empower and promote the guardians / watchdogs of the society viz press, media, civil society / tribal organizations, judiciary to institute an effective system of checks and balances which will ensure that the wrongdoers are not spared but the innocents are not harmed. It is the need of the Hour!
