Tuesday, May 18, 2010

ARMED FORCES SPECIAL POWER ACT


I am bewildered why there is so much of inertia against Armed Forces Special Power Act (AFSPA). It is made to appear as an Inhuman Act designed to eradicate Humanity.

Firstly AFSPA (58/90) is promulgated in areas declared Disturbed by Disturbed Area Act by state government. It implies that State Government ( constituted by people of the State) is of opinion that law and order condition in the state is volatile and dangerous.It need to be extended every year by State Government.

Secondly Army is deployed in Aid To Civil Authority when civil administration is nearly defunct. The role of Army is to contain level of violence and create conditions for civil administration to function.

Thirdly. AFSPA is no Draconian law. it provides incidental protection to conventional oriented army if any accidental collateral damage occurred .

The article 4 states:
Special Powers of the armed forces – Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a DISTURBED AREA,

(a) if he is of opinion that it is necessary so to do FOR THE MAINTENANCE OF PUBLIC ORDER , AFTER GIVING SUCH DUE WARNING as he may consider necessary, fire upon or otherwise use force,even to the causing of death, against any Person WHO IS ACTING IN CONTRAVENTION OF ANY LAW OR ORDER for the time being in force in the disturbed area prohibiting the assembly of five or move persons or the CARRYING OF WEAPONS or of things capable of being used as weapons or of fire-arms, ammunition or EXPLOSIVE SUBSTANCES ;

(b) if he is of opinion that it is necessary so to do, DESTROY ANY ARMS DUMP, prepared or fortified position or shelter FROM WHICH ARMED ATTACKS ARE MADE or are likely to be made or are attempted to be made, or Any STRUCTURE USED AS TRAINING CAMP FOR ARMED VOLUNTEER or UTILIZED AS HIDEOUT by armed gangs or absconders wanted for any offence;

(c) arrest, without warrant, any person WHO HAS COMMITTED COGNIZABLE OFFENCE or against whom a REASONABLE SUSPICION EXISTS that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest;

(d) enter and search without warrant any premises to make any such arrest as aforesaid or to RECOVER ANY PERSON BELIEVED TO BE WRONGFULLY RESTRAINED OR CONFINED or any property reasonably suspected to be stolen property or any ARMS AMMUNITION AND EXPLOSIVE SUBSTANCES ARE UNLAWFULLY KEPT in such premises, and may for that purpose use such force as may be necessary.

There are adequate checks and balances.No Army person intends to harm any one deliberately. Aerations do occur but that can not be taken as typical class examples.

Instead of making much ado over nothing why not raise the issue of failure of state government and civil administration. Why not convince the state government to repeal Disturbed Area Act?Why not campaign for establishing Political and Administrative Responsibility?

For the record more Human Right Accesses are omitted by state police of same stock as the people of the state. They are not even governor by AFSPA.

I am convinced that the army personnel deployed in the DISTURBED AREAS will be happy to go home and see their children grow.


_________ COntribution - Skand nayal Khan (Chief- Research Wing, NCCT)

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