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.)

Let India, not Time, judge Manmohan

It was only a few days back that Time magazine had branded Prime Minister Manmohan Singh as an ‘underachiever’ on its cover. The grave fault the US magazine found with the economist PM was that he ‘refused to stick out his neck’ for the liberalisation reforms.
Well... The magazine is entitled to its opinions as it operates from a free country. We regret to tell you that majority of the 1.3 billion citizens of our country live on below $1 per day (Though according to Planning Commission that might be upscale lifestyle) and their priority is not exactly rolling out red carpet welcome to Wal-Mart and other global giants circling the Indian retail skies.
The BJP was quick to grab the new stick to beat the Centre with, but seems to be oblivious to the fact that the same magazine had described its stalwart and former prime minister Atal Behari Vajpayee as ‘asleep at wheel’ in 2002. The main Opposition party must not forget that it is not in the best of health and is yet to catch its breath after putting out fires in its Southern base Karnataka, where a local caste strongman got the national party on its knees.
The BJP constantly uses terms such as ‘weak, puppet, indecisive’ to describe Singh but forgets that the ‘strong’ NDA prime minister was comparatively less effectual. The Parivar campaign of going ‘swadeshi’ was the first casualty when the NDA government overtook the Congress in the road to liberalisation and selling off PSUs.
While in the Opposition, the BJP was always ranting about how it would strike at terrorist camps in Pakistan if elected to power. The much-touted nuclear tests failed to stop Kargil intrusions.
When terrorists attacked Indian Parliament, the government launched the biggest ever troop deployment to the Western border in Operation Parakram, but chickened out when generals on the other side of the border threatened to use nukes.
Terrorists continued to strike with impunity and the controversial anti-terror law Prevention of Terrorist Activities Act (POTA) was used mostly for political vendetta. But the biggest blot was the Gujarat riots of 2002. In a well-planned and methodical manner, thousands were butchered while the state machinery looked the other away or acted in complicity.
And for the regional outfits, caste parties and Mao-worshippers, they have all proven their hypocritical sides by diverging from declared policies and ideologies to retain power, fatten wallets and woo vote banks. Media is a vital constituent of democracy, but it is not the last word.
The Fourth Estate is not devoid of vested interests. Most media houses have business interests and this reflects in their analysis of news. In India, the most recent example was regarding the implementation of Wage Board recommendations for journalists.
The publishing houses, who are otherwise at each others’ throats, united in publishing story after story about a grand conspiracy to bleed the industry — and never implemented the recommendations. If Singh’s hands have been tied, it’s due to coalition compulsions.
When your government’s survival is dependent on people like Mayawati, Mamata Banerjee and Karunanidhi, the elbow room available is little.
 Despite all that, Singh has steered the country through economic doldrums in different capacities. He is free of corruption (though not the same can be said about his colleagues and allies), a gentleman and a statesman of international standing. He has never responded to vicious criticism by stooping to that level.
He might have several shortcomings, but is still the prime minister and the hope for this country to ride out of economic and political storms. And those baying for his blood must come up with credible alternatives (no, not the BJP).
Let Indian public, and not Time, be the judge of its prime minister.
(This article was published as the editorial column in Postnoon on July 11, 2012)