In a decisive move, the BJP-led National Democratic Alliance (NDA) Government has rejected a proposal mooted by the former United Progressive Alliance (UPA) regime for dilution of the Armed Forces Special Powers Act (AFSPA) and its application in Jammu & Kashmir.
The proposal to dilute the AFSPA was formulated by the Union Home Ministry during Sushilkumar Shinde’s tenure as Home Minister in the erstwhile UPA Government and was kept pending. It incorporated recommendations of the Justice BP Jeevan Reddy-led committee on AFSPA reforms and the Administrative Reforms Commission (ARC) report on the issue.
In its first meeting of the Cabinet Committee on Security (CCS) held recently, the Government discussed the proposal and “thoroughly” rejected the recommendations seeking dilution in the stringent provisions of the Act, considered an enabling legislation by the Army, Home Ministry sources said here on Saturday.
The Army has been opposed to any relaxations in the provisions and application of the Act in Disturbed Areas in Jammu & Kashmir and the North-East.The five-member Reddy panel was constituted by the UPA Government in 2004 in the wake of death of Thangjam Manorama allegedly in the custody of the Assam Rifles and the indefinite fast undertaken by Irom Sharmila.
The committee was asked to review the provisions of the AFSPA and advised the Government “to amend the provisions of the Act to bring them in consonance with the obligations of the Government towards protection of human rights, or to replace the Act by a more humane Act.”The committee submitted its recommendations on June 6, 2005 and advised the Government to repeal the AFSP Act 1958. In June 2007, the ARC had also recommended repealing the Act.
The Act provides a shield to the Army to fearlessly counter insurgents in the North-East and terrorists in Jammu & Kashmir without any worry about prosecution under penal laws.Apart from demands from human rights groups from the North-East to repeal the Act, the Jammu & Kashmir Government led by Omar Abdullah has been demanding at least partial withdrawal of the Act from certain areas of the State citing normalcy in the security situation as a reason. While the violence parameters in the State have improved, the threat from terror groups continues, with the Army perceiving that there is absence of violence but not peace on the ground.
The CCS felt the situation in Jammu and Kashmir was not conducive for any tinkering with the Act and that the Army was opposed to any dilution. The CCS agreed with the Army’s recommendations against any changes in application of the Act in Jammu and Kashmir. After Prime Minister Narendra Modi disapproved the proposal for dilution of AFSPA, the four-member CCS unanimously rejected it, sources added.
The National Conference (NC), the then alliance partner in the Congress-led UPA Government, had reportedly demanded abrogation of the Act from four districts of the State including Srinagar, Jammu, Baramullah and Kathua.However, the Army that is opposed to such relaxations cited the case of Manipur’s capital Imphal where the Act is not in operation causing hindrance in internal security and counter-insurgency operations. The insurgents are reported to indulge in inimical interests in other parts of the North-East and take shelter in Imphal.
The paramilitary forces engaged in anti-terrorist and internal security duties in the State are not covered by the Act and are often booked by the local police for bonafide duties especially after clamour for action against them by the separatist groups. There have also been demands for extending the benefits of the special provision to the paramilitary forces engaged in security duties in the State. The paramilitary personnel are supposed to fire only in self-defence.
Tough stand
In its first meeting of the Cabinet Committee on Security held recently, the Government discussed the proposal and “thoroughly” rejected the recommendations seeking dilution in the stringent provisions of the Act, considered an enabling legislation by the Army, Home Ministry sources said here on Saturday
The Army has been opposed to any relaxations in the provisions and application of the Act in Disturbed Areas in J&K and the North-East
The Act provides a shield to the Army to fearlessly counter insurgents in the North-East and terrorists in Jammu & Kashmir without any worry about prosecution under penal laws
The five-member Reddy panel was constituted by the UPA Govt in 2004 in the wake of death of Thangjam Manorama allegedly in the custody of the Assam Rifles and the indefinite fast undertaken by Irom Sharmila