Date: 09/11/2011
To,
The Hon’ble Prime Minister,
Government of India,
New Delhi
Subject:
Appeal to Government of India to maintain AFSPA and DAA, and not to remove or
repeal.
We should not forget
Indian army’s contribution to save J&K. Only because of Indian army,
J&K is still integral part of India. The dilution of AFSPA is being made
for “Narrow Political Gains.”
AFSPA was passed in
1958 and came into play when the government declared a particular part of the
northeast (or Jammu and Kashmir under a parallel 1990 law) a “disturbed area”. Within
that area, an officer of the armed forces has the power to “fire upon or use
force, which may even cause to the death, against any person who is acting in
contravention of any law and order for the time being in force in the disturbed
area prohibiting the assembly of five or more persons or the carrying of
weapons or of things capable of being used as weapons or of fire-arms,
ammunition or explosive substances.”
AFSPA has been applied because
of the abnormal situation aroused. The figures being mentioned by the Army
about killing of 19 militants in last two months to support their case for
continuity of AFSPA was contended by the state as well as Home Ministry by
saying that these encounters had happened along the Line of Control and North
Kashmir especially in Sopore and Lolab areas after the militants managed to
sneak in.
This year there were
nine incidents in which terrorists were killed within the Srinagar district out
of which J&K Police along with central Para-military forces was engaged in
eight encounters. Army was called out in one incident to lay cordon as the
incident took place in a densely populated area and the state government wanted
to prevent any collateral damage. And last week, five grenade blasts occurred in
24 hours in Srinagar.
I Quoted here of Lt.
Gen. B.S. Jaswal, GOC-in-C, Northern Command, has compared the Act to
scripture. “I would like to say that the provisions of AFSPA are very pious to
me and I think to the entire Indian Army. We have religious books, there are
certain guidelines which are given there, but all the members of the religion
do not follow it, they break it also… does it imply that you remove the
religious book…?”
After all, if a ‘law
and order' situation has arisen which compels the government to deploy the
Army, soldiers have to
be allowed to use deadly force. Even a private citizen has the right to kill
someone in self-defense, though the final word on the legality of her or his
action belongs to the courts.
However, we (Bharat
Nirman Sena) believe that it is important to recognize that AFSPA does not give
an officer the unqualified right to fire upon and cause the death of any person
in a Disturbed Area.
At a minimum,
- That person should have been carrying
weapons or explosives.
- Indian Army Not interfere in
constitutionally allow protest from State in Public Gathering, Political and
Religious and Social Events and Meetings.
- The shooting of an unarmed individual,
and the killing of a person in custody, are not the acts that are permissible
under AFSPA.
- Force is allowed in order to arrest a
suspect but the fact that the Act authorizes the use of “necessary” rather than
“deadly” force in such a circumstance means the tests of necessity and
proportionality must be met.
- There is misunderstanding and wrongly
present of AFSPA's Section 6, the Supreme Court has often declared that the
object of Section 197-type protection is not to set an official above the
common law. “If he commits an offence not connected with his official duty he
has no privilege.”
- In the Pathribal case, the CBI took the
view that abducting and killing unarmed civilians in cold blood could not be
considered part of “official duty.” So it’s
wrong to say law is not enforced and applied on fake encounter due to AFSPA.
- There should be "no significant
change" in Sections 4 and 7 of AFSPA, under which sweeping powers and
legal safeguards are given to security forces for undertaking counter-terrorism
operations. The proposed change in Section 4 to reflect "minimum use of
force" will lead to differing interpretations in courts about what exactly
constitutes minimum use of force.
- Figures which showed that out of the
human rights cases filed against army personnel in counter insurgency
operations, a very miniscule percentage was found to be correct, and of those
found correct, the army is taking stern action, unlike what happens in every
other Govt. setup where it takes a lifetime to get the guilty punished .
- India should not consider UN stand on
this law or on J&K. There are thousands of such resolutions lying idle in
UN!
What UN fails is to
address is the policy to protect the interest of a country. It never comes to
support a country when terrorist kill innocents and disturb the peace.
Unfortunately these resolutions are never revisited by UN to find out if they
are really viable in ages or if they at all make any solid ground to be
implemented at all. UN is just a monitor with tied hands, no proper representation
from emerging countries and authority given to permanent members to pass or
veto any resolutions.
That’s why we (Bharat
Nirman Sena) worried about consequences in near future. If AFSPA/DAA revokes
then,
- Possibility that separatists celebrate as
there victory over Government of India and start anti India activity on that
free ground.
- People of those areas, who support
Government of J&K and India, will be threatened, discriminated and attacked
or even killed.
- Terrorist may make their base in those
areas due to absent of Army
- Terrorists can start small training
camps in within India due to absent of Indian Army.
- Separatist start their anti India
movement and start stone platting and burning Indian government properties and
flag and Disturb Law and Order.
- Separatists threaten the people for not
voting in electoral constitutional process.
- Minority people will be threatened and
discriminate due to absent of army.
- The Army, however, will not be happy
with any move to withdraw the AFSPA -- even from some areas in J&K since it
will adversely impact its operational
flexibility and legality in the battle against militancy in the strife-torn
state.
- The areas concerned could become safe
havens for terrorists, like it happened around Imphal in Manipur.
- The terror infrastructure in Pakistan and
PoK is still very much intact, with over 40 terror-training camps directed
against India. Pakistan continues to control the terror tap. 12 terrorists were
killed while infiltrating in September, while another seven have met the same
fate so far this month.
- Counter-terrorist and insurgency
operations cannot be equated with normal law and order duties. Soldiers need
requisite legal protection against being dragged to civilian courts.
- It is the separatists who would benefit
from dilution of AFSPA, and no one else. A firm stand on this issue will send
the right signal to separatists. Any dilution of AFSPA, on the other hand, will
indicate our weakness.
Thus, with regard to the
declaration of an area as a disturbed area, it is an assessment and opinion
formed by the government that the civilian administration and local state
police are not enough to maintain the law and order in the State. If the local
police alone can maintain law and order in the State, the declaration of that
area as a disturbed area would not be necessary. The decision thus to continue the State or a
part of the State as a disturbed area or otherwise has to be taken on security
considerations and not political considerations.
We (Bharat Nirman Sena)
seriously hope that a situation does emerge in future that the applicability of
this law is either not necessary or is restricted only to some areas. That situation does not seem to have arrived
as yet.
We (Bharat Nirman Sena)
fully understood the issue of Human rights; we always stand by for Human
rights. We know people of Jammu & Kashmir with all groups (Minorities &
Majority) are suffered a lot in last 25 years only because of neighboring
country’s sponsor terrorism and there paid groups (separatists). But we cannot
believe that people of state have objection with presence Indian Army. We
believe that people of state are equal Indian as we are.
The withdrawal of this
law would leave the administration of the unprotected districts only in the
hands of the local police and thus incentivizing the separatist and violent
groups to increase their activities in these areas. It would, therefore, Jammu & Kashmir not
to Remove DAA or AFSPA.
So we Bharat Nirman
Sena (BNS) demand.
1. Government of India
and Government of State Jammu and Kashmir should neither Remove Armed Forces
Special Powers Act (AFSPA) nor DAA- Disturbed Areas Act.
2. Government of India should
discuss this subject of Armed Forces Special Powers Act (AFSPA) and the process
to lift the Disturbed Areas Act (DAA) in Parliament of India (both Houses) with
Voting.
3. Government of India
should discuss with Indian Army and must take their suggestions.
4. Government of India
should discuss Article 370 of the Indian constitution that grants special
autonomous status to Jammu and Kashmir.
We (Bharat Nirman Sena)
Fully Trust in our constitution of India and sovereignty of India. We appeal
from Martyr Families neither to remove Armed
Forces Special Powers Act (AFSPA) nor DAA-
Disturbed Areas Act for short term Political Gain.
Its State and Central
Government’s failure to not maintain peace in region, this is case of
legislative branch’s failure, we should not blame on Army for this. Whatever
Peace in state today it is only Because of Indian army’s presence. We BNS fully
support any effective tries to increase and maintain peace in those regions
under the Indian Constitution. We (Bharat Nirman Sena) believe that there is a need
for more political efforts in that region instead of allowing disturbing law
and order again with changing security status of the state. So, Government of
India and State Government of Jammu & Kashmir are neither Remove Armed
Forces Special Powers Act (AFSPA) nor DAA- Disturbed Areas Act, because this is
not a solution at all.
Thanks & Regards
Chetan
Singh
President
Bharat Nirman Sena
CC:
Jammu & Kashmir CM
CC:
Sonia Gandhi (UPA Chairperson)
CC:
Nitin Gadkari (BJP National President)
