We were taught in school and rightly so that Kashmir is referred to as 'The Paradise on Earth.' Consequently I grew up visualizing Kashmir as green stretches of land, of mountain peaks covered with ice, of beauty and PEACE. Nothing has changed now, apart from that 1 word PEACE.
Armed Forces Special Powers Act(AFSPA) is one of the controversial legislations that was passed by Indian Parliament in 1958. The plight of Kashmir though not directly related to this Act,unheard voices remain as a result of the atrocities excused by the Act which states that in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to:
-"Fire upon or otherwise use force, EVEN TO THE CAUSING OF DEATH, against any person who is acting in contravention of any law" against "assembly of five or more persons" or possession of deadly weapons.
-To arrest without a warrant and with the use of "necessary" force anyone who has committed certain offenses or IS SUSPECTED of having done so
-To enter and search any premise in order to make such arrests
None ignorant of the fact, that there have been widespread crimes, murders and rapes by the men in Khaki, with rifles in hand and allowed by law to do so to a certain extent. The reason why I have put few words in capital is the possible implications of those words.
"EVEN TO THE CAUSING OF DEATH"- we still debate if capital punishment is human, and this clause allows a single person decide the fate of another person totally based on his interpretation of his action and his knowledge of law.
"SUSPECTED"- the biggest question By Whom? Is any single person's suspicion under any circumstances with biased or unbiased views enough to decide whether a person should be put behind the bars
For a minute just imagine that the place you live in is declared a disturbed place enough to be under the purview of this Act.
[Section 3 of Act grants the Central Govt and Governor of State to declare if a place is disturbed, but does not describe the circumstances under which the authority would be justified in making such a declaration.]
Now this allows the armed forces to search premises and make arrests without warrants just based on their suspicion. And suppose this independence and absolutely no accountability leads to murders and rapes with no one ready to listen to you , worse this goes on for years. It is a modest assumption you would stop believing in the Government and feel not as any other part of the country does. Suppose this state of yours becomes even worse with terrorists from the nearby country crossing over and making life hell. What would you do? The answer is "Probably revolt". That PROBABLY wont probably remain under such circumstances with an additional gift of poverty.
On the flip-side, a disturbed place with no such law would ensure nothing but the death of thousands of military men who would be no position to attack suspicious people on their decision waiting for the opposite to shoot first. In short leaving no scope for preventive action and waiting for a time to use a corrective action against the crime that has already happened.
Then what is the point? I am not a student of law, I am not aware of what can be, and what should be. Being a management student what I understand is
- The Govt agencies fail not in their plan but execution, there is absolutely no tracking of such execution. Similar to projects these plans slip on cost and schedule with no or ineffective monitoring
- The risks are never identified in advance and therefore such risks materialize and the rest is known. There is an obvious possibility of use of AFSPA in a wrong way. Such possibilities and their mitigation should have been planned.
- When the life of military is valuable, also valuable are lives of innocent people who are killed. Something like PREVENTIVE DETENTION should be brought to effect for people who are suspicious and such suspicion be decided based on evidences.
My suggestions do not matter and there are factors I may not have considered. I do not wish to be an advisor to the ministers. What I and many others want to say is its high time they realize that steps need to be taken to ensure that the lakhs of people in J&K need peace that is long lost and long needed/wanted/deserved. It still troubles me to find more than half the results suggesting negativity when I Google out Kashmir while the picture still remains of the green, of grandeur and of PEACE, of The Paradise on Earth.
Very well written blog som..
ReplyDeleteGood that you wrote on this topic. You captured things that people like me think daily but cannot express it by penning it down.Its high time that politicians realize that Kashmir is not a mere border issue.Future of millions of Kashmiris is a big question now.
Yes Khyati . Its a critical issue, I am happy that the Govt has come up with some strategies(the 8 point strategy to begin with). More importantly people in Kashmir should know we all care, and will see to it that justice is done.
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