AFSPA - MILITARY OPERATIONS


IF NO AFSPA - WHO WILL FIGHT INSURGENCY AND TERRORISM FOR INDIA?
Col Alok Asthana ( Retired), THANE

            356 serving personnel have approached the S C with some prayer regarding the AFSPA.  The petition has drawn adverse comments from all sections of society, which have not taken this act of serving personnel approaching the court, lightly. Social media is ablaze with very strong comments, but they are just opinions of individuals. It is only right that we allow them to have their say. However, what worries the soldier community is the tone of responsible media. India Express, one of the most respected newspapers of India, has published an editorial – Crossing the Line – on 22 August.  Since this must be treated as representative of the most responsible voice of Indian media, it will benefit the nation if this editorial is dissected.

            The editorial is critical of the petition on both counts - legal and ethical. Objecting to the legality of the points made in the petition is really overstretching on part of the media since the Supreme Court will, in any case, look into that pert. However, one should grant the media the right to flag even legal issues. Besides objections on the legality of the petition, the editorial also flags some ethical issues. And it is here that the editorial I found to be at its weakest. More than just having weak arguments, it is guilty of completely missing out the woods for the trees.
The Indian Express makes four main points. Let us take each of them. Firstly, it says that It does not behove members of an apolitical organization like the army to jump in the fray and act as a pressure group to influence policy. The policy being referred to is the invoking or revoking of AFSPA in a particular area, or its structure and form.  Second, it points out that the petition could be violative of the rule of ‘no unions’.  Thirdly, it is said to disturb the civil military division of labour.  Fourthly, it talks of failure of internal mechanism to redress the failure and further points out that people within the army are not abiding by the restrictions imposed on them.
With respect to the first objection, the editorial is widely off the mark to suggest that the petition seeks to influence policy. The disparity between the allegation made in the editorial and the prayer made in the petition is so large that one is forced to believe that the editor has not read the petition and simply gone to press based on the pre-conceived notions or after reading some social media posts.  He who reads the petition in full will find that the petitioners seek eight redresses, none of which seek any change in policy. The present policy, or rather the fine print of the AFSPA is good enough. The petitioners are not saying that the existing rule of ‘prosecution after legal sanction’ should be changed to ‘no prosecution at all’.  They are, however, pointing out that existing provisions are being maliciously short-circuited by interested parties, it is necessary to bring out those new facts to the notice whoever will listen.  In all there are eight prayers in the petition. Broadly, these are no undue harassment, no motivated FIRs, no behind the curtain change in rules, sanctity of prior sanction, need to take into account the operational realities, investigations into mischievous complaints, no arbitrary use of executive power and due compensation for those harmed. Which one of these eight is seeking any change in policy? In fact, none of the eight are extra-ordinary demands nor is any a cause for undue concern. To an objective viewer, they all seem like genuine concerns.
Of course, the media is within its rights to raise the ethical question, as it indeed has done, that the army people should not be going to court for this. And that question must be answered.
Why should anyone not be able to seek protection against possible harm in the future? Why should it be that everyone in India, from a drunkard to a moral leper, is free to save himself from possible harm, but not the soldiers? If these possible sources of future harm are indeed true, where do the victims go if not to a proper forum like a court. Would the country much rather that they don’t go to a court but pick up their machine guns and go shooting to protest. In any case, they are not asking for much – just a review. Judging from the respect the society normally accords to the profession of arms, it seems that the soldiers should get something a little more than others rather then something less.
While blaming the top leadership of failing to sort it out internally, the editorial miserably fails in judging the situation. In its earnestness to keep the blame within the army it has completely missed out one critical crack in Indian army that this petition so clearly shows.
The petition shows that at least 356 serving officers and soldiers, serving in sensitive insurgency-ridden areas, have completely lost faith in its leadership to protect their interests – up to their lives. So much so, that they have decided to take the unprecedented and risky step to go to court for it. Now that is a real crack from which elephants can slip through. Only one who has been in the army for long enough knows how frustrated and option-less these 356 must have felt to take the extreme step of going to court to achieve what they want to. They know that this may invite possible invocation of the ‘no unions’ rule, laying the open to a court-martial. In any case, they know that they will surely pay for this, in other possible ways. But, still, they went ahead. To say that this is simply a failure of internal mechanism of redress would be understating the case. It is much more. It is clear sign of lack of faith in the existing system. And the system under reference here is not just that which is controlled by the Army Chief. It is one that is controlled by the Defence minister, and indirectly, by the PM. They know that even if the Chief of the Army Staff wants to help, he can do nothing about it and hence the only agency to approach is the Supreme Court of India. Anything less will simply not do.
This is explosive. Veterans have, for long, clearly expressed their dissatisfaction with the way the army has been steadily downgraded and victimized. Now, the serving soldiers too have joined the fight. The bottom seems to have fallen off.
Can India brush it under the carpet? Only at its grave peril, it seems.
On the same editorial page of Indian Express, there is an article ‘Who defends the defenders’ by Admiral Arun Prakash, However, the issue is graver than ‘Who defends the defenders’. It is ‘Who’ll fight insurgency and terrorism for India.’ It is not about the welfare of the soldiers but of that of the Indian state. The editorial did not even hint at it.
The Indian Express is the best newspaper India has. As long as they cover all relevant facts on such matters, all criticism is welcome.


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