Wednesday, October 6, 2010

The hullabaloo over AFSPA is deafening

Gen (retd) VP Malik’s Article “Revisiting AFSA:Don’t blame it for Kashmir problems”, The Tribune, New Delhi, Sept 20, was enlightening and gave an apt snapshots of the various provisions of the Armed Forces (Special Powers) Act, 1958 (AFPSA) vis-à-vis its need in view of the extant disturbed, subversive conditions in many parts of the Country, and its practical utility and efficacy. The real thorn in the flesh of the problem lies in the socio-politico-economic grievances of the people and the political authorities concerned only can address it. To pass the buck on the Armed Forces for the present vitiated state of affairs is highly reprehensible and self-defeating.
The AFSPA arms the security forces with sweeping powers that are absolutely necessary to pulverize the diabolic designs of the subversive element in the disturbed areas. Amongst others, the whipping boy is the Para 6 of the AFSPA. It confers some protection to the members of the security forces deployed in the disturbed areas against frivolous prosecutions etc. inasmuch that prior sanction of the Central Government is mandatory before any prosecution, suit or legal proceeding is instituted against them for any alleged acts of commission or omission done under the AFSPA . The detractors of the AFSPA must know that even an ordinary public servant, while acting or purporting to act in the discharge of his official duty, enjoys largely similar protections under the general law of the land. Even in the absence of the AFSPA , the members of the armed forces will enjoy somewhat identical protection as envisaged in said Para 6, under section 197 (2) of the code of criminal procedure.
The need of hour is to chalk out cogent and comprehensive roadmap to redress the grievances of the aggrieved people in the disturbed areas. However, the security forces require potent legal cover, optimal logistics support and adequate operational freedom to crush the menace of terrorism and insurgency.

1 comment:

Anonymous said...

Sorry for my bad english. Thank you so much for your good post. Your post helped me in my college assignment, If you can provide me more details please email me.