AFSPA: Sharmila’s chains shackle our conscience

What happens when the State, that is duty-bound to provide justice to its people, turns oppressor? None would know better than Manipur’s Irom Chanu Sharmila who has been on a fast for the last 12 years demanding repeal of Armed Forces Special Powers Act (AFSPA) that provides unfettered power for the military in “disturbed areas”.

Irom Sharmila is not the first person in the country to go on an indefinite fast for a cause. While the country was outraged by a two-week fast by Anna Hazare, the silent battle of this lionheart has barely found any comparable reactions.

In addition to the virtual house arrest, crippling restrictions, intrusive monitoring and forced nasal feeding, Sharmila is forced to go through the charade of “annual booking” under IPC Section 309 — for attempting to commit suicide.

While appearing before a Delhi Court, where charges under this section have been framed against her, Sharmila said, “I do not want to commit suicide. Mine is only a non-violent protest. It is my demand to live as a human being.” Now, is that too much for an Indian citizen to ask for?

In 2004, Prime Minister Manmohan Singh said the Centre would “sympathetically consider” arguments against AFSPA and appointed a committee headed by Justice Jeevan Reddy to submit a report on feasibility of replacing it by a “more humane Act.” The panel submitted its report in mid-2005 — one guesses that even after eight years the proposals are being ‘sympathetically considered’.

The military is vociferous in its defence of AFSPA, saying that lack of immunity from prosecution will blunt its operational edge in battling militancy. According to provisions of AFSPA, military personnel cannot be prosecuted for their actions in a disturbed area that requires implementation of AFSPA. The Central government, which takes a call on declaring an area requiring operation of AFSPA, cannot be challenged on its judgement in a court of law.

However, it is opposed by civil society organisations and human rights groups as it is allegedly abused for torture, ‘disappearances’ and fake ‘encounter’ killings. Literally every international organisation that is working in the area of human rights, including the United Nations, have criticised the AFSPA and has called for its removal.

In March 2012, UN Special Rapporteur Cristof Heyns, after a 12-day fact-finding mission in the disturbed areas, concluded that ASPA is a symbol of excessive state power and “has no role to play in a democracy”. Here, it would be noteworthy to mention that India has NOT ratified the UN Convention Against Torture and the International Convention for the Protection of All persons from Enforced Disappearance.

There is no doubting that military needs special legal provisions/concessions to act effectively against militancy/terrorism, but these should come along with safeguards that provide credible accountability.

Numerous examples in history illustrate clearly that alienation of local population never helped any military campaign. The security forces should be trained not only in tactics but also in sensitivity. Those who abuse their immunity should be severely punished via internal disciplinary procedures. Unless faith of people is restored through effective and meaningful measures, AFSPA will continue to be a fountainhead for militancy and a blot on our commitment to enforcement of universal human rights.

Irom Sharmila can be shackled, but her ideas can’t be. Let not shrill calls of jingoism drown out the screams of our own.

(This article was published as the editorial column in Postnoon on March 6, 2013.)

Why mullahs and morons fear Kashmir's all-girl band

In another clear indicator of ‘cultural terrorism’ ruling the roost, the Kashmir all-girl band has decided to pull the plug on themselves a day after the Grand Mufti Bashiruddin Ahmad termed singing as un-Islamic and told them to abandon it.

Though a wide range of eminent person, beginning with Kashmir Chief Minister Omar Abdullah, came out in their support and asked them to rock on ignoring the ‘morons’, the scared girls have decided to call it a day.

While condemning singing, the mullah seems to have forgotten the liberal Sufi-inspired culture of Kashmir and the tolerance of Kashmiriyat. Ever since the Valley began to see the rise of West Asia-funded Wahhabis, the core cultural values of Kashmir has witnessed a decline — usually staring at the business end of a Kalashnikov.

The band, Pragaash (light), symbolises everything the mad mullahs, their Pakistani and West Asian benefactors and the militant groups fear — return of hope and normalcy to the region.

There are some major concerns that arise for those who fan unrest and live reaping its benefits: How can fundamentalists claim the support of a population when teenagers are chilling out with music and not attending terrorist-training camps across the border? What answer will the domestic stooges give their paymasters across the border? When there is peace, stability and semblance of governance in the state, why would youth want to support irrational shutdowns and raise slogans in praise of Pakistan?

These moron mullahs who are never short of ridiculous fatwas may have silenced a few scared teens, but it is not the end. All their diktats, guns, threats and violence put together are not powerful enough to break human spirit.

The clouds of extremism may cover the sunshine of aspirations of the people for a while, but ultimately it will be the radiance of Kashmiriyat that prevails.

Owaisi doesn’t hold monopoly of hate

MIM leader Akbaruddin Owaisi is in the eye of a storm kicked up by his controversial speech. His vitriolic words have drawn condemnation from across the political spectrum — and increased his following among the hawks in his party.

However, in the frenzy to nail the MIM’s floor leader, we are ignoring the impunity hate mongers enjoy in this country. Likes of Praveen Togadia, the Thackeray cousins, leaders of numerous regional political and religious outfits and caste party satraps make equally venomous comments and get away with it.

Recently, Union minister Salman Khurshid had publicly threatened Aam Admi Party leader Arvind Kejriwal with violence if the latter ever dared to enter his constituency — and was promptly executed by his supporters. We haven’t seen Khurshid being arrested.

Politicians across party lines continue to make derogatory remarks against rape victims. Why don’t we see those powerful Sections of Indian Penal Code invoked against them? Ignoramuses like Asaram Bapu continue to walk free.

Leaders of caste kangaroo courts that make a mockery of the law of the land with their ‘verdicts’ of violent retribution and honour killings are free men. They continue to be key elements in the scheme of political parties.

Barely a week back, killers of Indira Gandhi, executed for the severest acts of treason and terrorism, were honoured by the highest religious body of Sikhs as martyrs. We don’t see Akal Takht leaders handcuffed and bundled into police vehicles.

There are several political leaders in Tamil Nadu who openly endorse the LTTE — still listed as a terrorist organisation by the country. Those who engineered the attacks on Sri Lankan pilgrims in the state are still roaming the streets, continuing their propaganda of hate and division.

Separatist leaders of Kashmir, who unleash anti-India tirades and continually support merger with Pakistan, continue to be free.

As a matter of fact, government of India allows them to visit Pakistan and meet anti-India leaders. Clerics who issue those outrageous fatwas that infringe on Constitution-guaranteed liberties are never touched.

Our holy cow approach to dealing with such people owing to their caste, region and religion has allowed them to become extra-constitutional authorities that act above the law. This, however, is not surprising in a country where scientists who make inter-continental ballistic missiles (ICBMs) prostrate before ‘human gods’.

What the MIM does in its strongholds in Hyderabad is no different from what Shiv Sena and MNS does in the Mumbai-Thane belt. The stranglehold it keeps on the community and its political power projection ensures that there is no dearth of fodder for Sangh Parivar organisations in Old City.

There is nothing unique about Akbaruddin Owaisi, and there is definitely nothing new about the toxicity in his speeches. Hate speech cases are nothing new to people like him and his equally competent counterparts in the saffron fold.

It is universal knowledge that all of them will go scot-free after the initial hype, a few court hearings and prolonged legal battles. Lawyers will take care of business in the court while their clients continue to ply their trade in public fora.

Unless there are convictions, jail sentences and punishments like debarring them from any kid of political activity and public office, there is no hope of de-fanging these merchants of hate. 

(This article was published as the editorial column in Postnoon on January 9, 2013.)