Lifting of AFSPA: A bold step for lasting peace in Northeast India

Duina Barbaruah

(The writer can be contacted at: dwinakashyap@gmail.com)

As the rat a tat of an AK 47 rifle with its staccato of mind-blowing decibel levels pierces the air, terrified villagers run helter-skelter to save their lives. The screeching and blood-curdling sounds of helpless inhabitants asking for mercy would rattle any sane mind. The show of strength by the militants lasts just about a few minutes but has a debilitating impact on the community. Mothers hold their little ones tightly in their tight embrace to protect them from the deafening sounds of assault rifles. In the dead of the night, the perpetrators who brandished the guns with impunity escaped taking the cover of the darkness. As the daylight emerges on the horizon, a series of army trucks laden with troops reach the village. The search and cordon operations begin. Villagers are made to stand in cue to reply to a barrage of questions from the armed forces. The men in uniform are suspicious of the sympathizing elements within the community for the militants. Some are arrested for questioning. While others protesting on the pickup receive severe caning. They are dragged to the nearest custodial Centre for prolonged questioning. Members of the community protest the detention and start shouting against the uniformed men. This cycle of human rights put under heavy pressure continues. This is just one example of the cycle of violence that continues in many of the disturbed areas of the Northeast forcing the Centre to impose the Armed Forces Special Power Act (AFSPA).

In simple terms, AFSPA gives armed forces the power to maintain public order in "disturbed areas". They have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving due warning if they feel a person is in contravention of the law. If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search premises without a warrant; and ban the possession of firearms. Any person arrested or taken into custody may be handed over to the officer in charge of the nearest police station along with a report detailing the circumstances that led to the arrest. The Act came into force in the context of increasing violence in the Northeastern States decades ago, which the State governments found difficult to control. The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it was approved by the President on September 11, 1958. It became known as the Armed Forces Special Powers Act, 1958.

The Act has come under scrutiny several times in the last five decades that it is in force in certain parts of the North-Eastern Region raising clarion calls for its repeal from several quarters. There has been so much persistence from several quarters that a high-level police officers' conference in Shillong almost a decade before, saw the then Governor of Meghalaya Ranjit Shekhar Mooshahary, himself a former cop and head of NSG, calling for a repeal of the Act on a trial basis and witness its impact on the ground. The then Chief of IB, N Ravi, also a cop and later the Governor of Nagaland, also called for a review of the so-called draconian Act. What has been persistent is that whenever there have been incidents of purported attacks on armed forces by militants followed by arrests or detention or retaliatory firing by the armed forces there have been large-scale protests and calls for the repeal of AFSPA across the political spectrum and also by the civil society. The armed forces on its part have clarified several times without many takers from the media of course that in most cases this is the usual strategy adopted by militants – to fire at army camps or platoons or patrolling units and then run away only to be followed by the army's routine operations resulting in alienating large parts of the population. This has resulted in the continued cycle of violence.

It is against this backdrop that the decision of the Centre to remove AFSPA from certain areas of the Northeast across three states of Assam, Manipur and Nagaland from the 1st of April 2022 can be viewed as one of the most significant developments in the security front. This is a decision that holds enormous hope for lasting peace in regions which has witnessed several protests and prolonged agitations for the repeal of AFSPA. It also brings to the forefront to negate a strong people-oriented perception that the Centre does not listen to the voices of the people from the region and arbitrarily forces decisions that are contrary to the wishes of the people. It will go a long way in establishing that the government at the Centre under the leadership of Prime Minister Narendra Modi is having its ears and eyes firmly on the ground, and is clearly having an understanding and feeling of the pulses of the people. The best thing about this government is that it doesn't take off hand decisions or judgements on the security front and follows up on measured judgements after receiving actual ground level inputs of the conditions in which the armed forces operate. It is a well-known fact that AFSPA is imposed or removed in a state fully or partially by the government after due consultation with the state governments, armed forces and central agencies. This process was followed diligently before the present decision was arrived at. Receiving memoranda, reaching out to the call of its own governments which actually rule at the state capitals of Assam and Manipur, promising a review of the Act and playing to the gallery are easy propositions that the governments of the day can conjecture upon but a decision regarding the operation of the armed forces in perceivable disturbed areas are areas of bold decision making. The decision of the government can be described as bold and path-breaking amidst the background of a unanimous decision almost a decade before. The Justice BP Jeevan Reddy Committee and the Administrative Reforms Commission headed by Veerappa Moily had recommended repeal of AFSPA a decade and a half ago.

According to a PIB release, in Assam, where AFSPA has been in force since 1990, the 'Disturbed Area' tag will be removed completely from 23 districts and partially from one district. In Manipur, where civil society organizations and activists have long fought for the law's repeal, 15 police station areas of six districts will be excluded from the purview of the Act. In Nagaland, the Centre has accepted the recommendations of a high-level committee formed in the aftermath of the Mon killing to withdraw AFSPA in a phased manner, said the release. Hence, the Disturbed Area Notification is being withdrawn from 15 police stations in seven districts of Nagaland with effect from April 1.

Welcoming the development, Assam Chief Minister Himanta Biswa Sarma said that around 60 per cent of the state's area will now be free from AFSPA's purview. "AFSPA has been in force since 1990 and this move marks the beginning of a new chapter in Assam's future. It is a testimony to the significant improvement in law and order in the State," Sarma tweeted.

Manipur Chief Minister N Biren Singh, who was recently sworn in for the second term, called it a "historic decision", saying it was a "result of the robust development and improved security situation" under Prime Minister Narendra Modi. "This decision will lead to a new era of peace, prosperity and development in Manipur yet again," he tweeted.

In the last three years, according to the MHA, the government has signed several agreements to end insurgencies and bring lasting peace to the northeastern states. These include the Bodo Accord of January 2020, which resolved the five-decades-long Bodo problem of Assam; and the Karbi-Anglong Agreement of September 4, 2021, which resolved the long-standing dispute over the Karbi region of Assam. Similarly, the NLFT (SD) agreement was signed in August 2019 to bring militants into the mainstream in Tripura. After that, a historic agreement was signed on January 16, 2020, to resolve the 23-year-old Bru-Reang refugee crisis, under which 37,000 internally displaced persons are being resettled in Tripura. On March 29, 2022, another important agreement was signed regarding the boundaries of Assam and Meghalaya which resolved six of the 12 pending disputes.

Due to the continuous efforts of the Modi-led Government, many such steps have been taken in the Northeastern States, which have had led to a significant improvement in the security situation and accelerated development. In comparison to 2014, there has been a reduction of 74 per cent in militancy incidents in 2021. Similarly, deaths of security personnel and civilians have also come down by 60 per cent and 84 per cent, respectively during this period," the MHA statement said, resonating with the actual scenario that is felt by the people.

For quite some time it has been perceived that the BJP Government at the Centre has been working steadfastly on bringing lasting peace to the region. The mantra has been quite simple. No leeway to the militants who hold people to the tune of the gun. Working on the solid foundation of securing a strong nation on the foundations of nationalism and zero tolerance to terrorism induced violence, the bluff of many a militant organization to cause violence and create terror was exposed thoroughly. The best thing about this government has been to work quietly away from the media buzz and so-called decisions buckling under existing opposition political pressure. From the Uri-induced surgical strike to removing Article 370 in Kashmir, this government has been decisive and has not refrained from taking strong decisions based on security perception and national safety. What has also worked for the government of Narendra Modi is that the cycle of bomb blasts witnessed in the country in the past has actually become a thing of the past. Peoples' faith in the government has also increased manifold over the last seven to eight years as it has acted proactively on security issues leaving nothing to chance. There were no lapses that could be seen in the public domain and that increased the faith of the common people in this government. There was also one noticeable departure from the earlier existing central and state governments during the UPA regime. Irrespective of the political affiliations, the Modi government at the Centre through the Home Ministry was equal in response to coming down heavily to counter any threat from militants or terrorists who aim to threaten the security fabric of the nation. It also pursued the process of dialogue whenever required to bring about peace. One major aspect of this political regime at the Centre has been consistently on reformation which indeed is a reflection of true democracy. As times change there is a need to reform and this government truly understands this aspiration of the people. The mantra that PM Modi gave was – Reform, Perform and Transform. Notably, Amit Shah, the Union Home Minister has been holding dialogue with all the States of the Northeast on a regular basis not only to resolve boundary disputes but also to bring insurgent groups to the mainstream. "As a result, most of the extremist groups have laid down their arms expressing their faith in the Constitution of India and the policies of the Modi Government. Today, all these persons have become a part of the democratic process and are participating in the development of the Northeast. About 7,000 militants have surrendered in the last few years," an MHA statement echoed the popular perception that exists on the ground.

Coupled with huge developmental initiatives in the region, especially in the infrastructure front that has been followed up in its desirable implementable strategies at the execution level, there has been actual observable action in the realm of increased governmental follow-up on the existing and new schemes. This has been welcomed by the people as benefits accrued from developmental schemes have started reaching the masses. The North Eastern Region of the country, including Assam, which had been neglected for decades, has been made a "Priority Partner of Progress and Prosperity" by Prime Minister Modi.

The revised 'Act East Policy' of the Modi Government has ensured all-around development of the entire North Eastern Region, including Assam. Modi had taken resolution in 2014 to bring the North East Region into the mainstream development process of the country and he lived up to the promise. Modi's vision has been to accelerate the pace of economic development of the North Eastern Region so that the entire region achieves growth parity with the rest of the country. Development works have been carried out on war-footing in the North Eastern Region during the almost 8 years of the Modi Government.

The removal of AFSPA in certain areas of the region is not an off the cuff decision prompted by political pressure. This government is immune to all that. It will never succumb to political blackmail. At the same time, it listens to people's aspirations and understands the pulse of the people. This is actually democracy in action.