Letters to the Editor: AFSPA - A necessary evil?

AFSPA (Armed Forces Special Powers Act), like many other controversial laws, is of colonial origin. After one day of the launch of the Quit India Movement, the movement became leaderless as leaders like Mahatma Gandhi, Jawaharlal Nehru, Vallabhbhai Patel, and others were arrested and put behind bars. The leaderless movement became violent in many places across the country. So, to control the violent incidences, the then Viceroy Linlithgow promulgated the Armed Forces (Special Powers) ordinance on August 15, 1942. The Government of India promulgated four ordinances in 1947 to deal with the internal security issues arising from the regions of Bengal, Assam, East Bengal, and the United Provinces due to partition. To ensure law and order, the government of India had to introduce those ordinances that later became laws. After that, they were repealed in 1957. But in 1958, due to the growing Naga insurgency, it was re-enacted in Assam and Manipur. The scope was extended to Punjab and Chandigarh in 1983 and withdrawn in 1997. In 1990, the Armed Forces (Jammu and Kashmir) Special Powers Act was enacted. The government, either the centre or the state, declares the areas to be ‘disturbed’ and enacts the AFSPA to control those ‘disturbances’.

AFSPA gives the army special powers to suppress any protests or disturbances in a ‘disturbed area’ as defined by the act. Some special powers that are enjoyed by the armed under this act are: Section 4- the authorized officer may fire at any individual after giving a warning, even if it results in the death of that individual, if that individual does not abide by the laws. Section 5-The authorized officer can search, seize, and arrest without a warrant. Section 6- Arrested individuals could be handed over to the nearest police station ‘as soon as possible, which means no definite time is mentioned and the army can keep that person in custody for an indefinite time. It basically violates Article 22, which says that an arrested person must be produced before a magistrate within 24 hours. AFSPA is referred to as controversial due to certain issues. Reports of sexual violence against women are one concern. The protest of Manipuri women who marched naked in Imphal city in 2004. Another concern is that it may hinder the growth of the ‘disturbed’ areas, as the economic activities and investments in those areas are ‘discouraged’. So, this act often faces criticism. But in order to maintain peace, safety, and security, AFSPA is necessary. The Supreme Court has done plenty to push for accountability in these areas under AFSPA and to focus on the conservation of democratic and human rights. The 2016 judgement of SC ended the absolute immunity of the armed that are alleged on fake encounters. The government should explore imposing and repealing the act on a case-by-case basis and try to limit its applicability.

Rakhi Saikia,

Jorhat, Teok.

Personal tirade

Rahul Gandhi, the uncrowned prince of Congress, had to pay for his misdeeds through the judiciary. He was disqualified as MP of the lower house for his tirade against a particular OBC community in an election rally in Karnataka in 2019. Even though the matter was brought to his attention, he never apologized publicly, showing utter arrogance. It has become very apparent that the Congress has started behaving like a fish out of water once thrown out of power. Both mother and son started attacking PM Modi personally by calling him Chor, Bhasmachur, Maut Ka Saudagar, etc. We all know Modi was given clean chit by our SC for Godhra riot and Rafale deal. Never during his term as CM of Gujarat, Modi asked his supporters to go to the streets when he was grilled for 11 years by the CBI for the Godhra riot.

After the Surat verdict, the Congress started attacking Narendra Modi personally, as if Modi himself had given the verdict. The Congress’ loyalty to the nation was long ago exposed by the mother-son duo’s visit to Beijing, where they signed a memorandum of understanding with the Chinese, the contents of which are still unknown to the nation. RAGA’s recent lecture at Cambridge is yet another pointer in this regard. Yes, the Congress has no faith in our ED, judiciary, CBI, EC, or armed forces.

Is Raga a Havard graduate? A multi-million dollar question.

Joel Goyari,

Tangla.

Temple tragedy

Reams have been written about the need to have in place an effective crowd control mechanism in India’s pilgrimage places. But in reality, the quality of crowd management is a far cry from expected standards. The Indore temple tragedy is a stark example. Many past tragedies at popular religious places have left telltale imprints, but the stakeholders are eager to learn from examples. The tendency to take people for granted is a shocking fact, no matter what the governments of the day have to say after each tragedy. But for the lackadaisical attitude of the temple management, nearly 40 precious lives could have been saved. Admittedly, the slab-roof covering the stepwell of the Indore temple caved in, throwing scores of devotees into the depths of the well.

But it is also a fact that the old roof of the stepwell could not withstand the weight of the heavy crowd. Therefore, the bothersome question is why such a massive congregation was allowed near the site. It is also said that multiple complaints about the shoddy construction of the stepwell roof fell on deaf ears. In the larger picture, in most holy places in India, a strong sense of disaster anticipation is lacking. Devotees are compelled to wait for a long time before they can catch a glimpse of the idol. The lack of sufficient manpower to control the crowd is palpable in many temples. Many have their own personnel, but they are overruled by the frenzy crowd. The state police are relegated to frisking the people at the gate. In many places, there is no provision of water and light refreshments for the anxious and restless crowd.

Dr Ganapathi Bhat,

(gbhat13@gmail.com.)