Probes/SITs Not Enough, Remove AFSPA!

Charles Chasie

Naga people, across the board, are once again outraged at the killings of innocent civilians by the Indian soldiery for no apparent reason. Such heart-wrenching atrocities committed on them are nothing new and make up much of their collective experiences. They have suffered in helpless frustration unable to fight back against a militarily superior force armed with draconian legislations, apparently uncaring about the inhuman sufferings they cause to others. 

What is worse in this Oting case is that the 21 Para Military forces, against established practices, seem to have carried out the operation without informing the State police and without police guide. The police FIR is said to be charging them with murder. A military investigation is also reported to have been set up under a Major General.

Words are not enough to express the anguish one feels for the families of the innocent Konyak daily wage labourers who have been literally slaughtered. Social media posts said that one of the victims had just got married while another was to get married soon. There also seems to be a case of twin brothers. Surely, this was not what they had dreamt about for their lives? 

Various organizations have condemned this reprehensible atrocity in the strongest terms.  To express their anger and outrage, various Naga tribes have also called off their participation in the on-going Hornbill Festival while candle light vigils to mourn the dead and protest marches and bandhs have been held across the State.   

Condolences have poured in from various quarters and promises have been made by the State Government, the Army and even India’s Home Minister to probe the incident and to deliver justice. What kind of justice can be delivered to someone who has been killed and already dead? The only thing that can now possibly be done to give meaning to their deaths is to make sure that so such incident ever occurs again. This means to remove the things that make it possible for such incidents to occur in the first place. 

The Armed Forces (Special Powers) Act (AFSPA) 1958, promulgated to deal with the Naga Insurgency, has for long allowed the Indian soldiery to act with impunity. Later the Act was extended to the entire North East and Jammu & Kashmir and the people of these places have been shouting hoarse for the removal of this draconian Act. Even the Reddy Committee set up by the Government of India had recommended its repeal. But till now the Government of India has refused. Even some State Governments in the North East parrot the Indian Government’s line of “disturbed area” although this Act has been the cause of much heart-burn in the region.  

At a time when there is “Ceasefire” and negotiations are supposed to have reached the final stages for settlement of the Naga Political Issue, why should such operations continue? And where was the need to bring a special forces military unit from Assam? There is not just one but even two Ceasefire monitoring bodies and ceasefire ground rules are supposed to be in place. If parties to the ceasefires violate the rules, such violations will become apparent and Naga people will know who is for peace and who is not! Earlier, there were times when the Naga public were often cowed down but that is no longer the case and Naga civil society bodies have been coming out against the factions too when they go against the public interest. 

Soldiers are, by training, primed to fight and kill enemies, period. They are thrown into a milieu where to them every face is strange and they cannot know who is friend or foe. Because of this strange and uncertain environment, the soldier is also sometimes scared. And then you not only provide him with weapons but also arm him with the power to shoot and kill without consequences! Literally, you are inviting such incidents to happen! 

Would the Government of India agree to make the AFSPA an all India legislation and apply it to the rest of India as well? If that is done, one thinks people in the North East or in Jammu and Kashmir will complain may not complain so much about this extra constitutional draconian law in their land even if they did not like it. Maybe there was a time when the GoI was justified to think this legislation was required but that situation is long gone. One remembers a time when places like the Chambal Valley were far more “disturbed” than any place in the North East. It is little wonder that people here sometimes may feel the GoI is interested in their territory but not so much in them! 

People here have often wondered aloud, without answers, what kind of role the GoI sees people like the Nagas playing in the life of India? Such questions are legitimate particularly on the eve of a possible Naga Settlement and in the backdrop of extra constitutional and extra judicial legislations which deprive them of rights that are enjoyed by other Indians on the mainland.  

What will a probe, thorough or not, do in a case like this? It will at most provide some reasons and fix some responsibilities. It cannot bring back the dead. Moreover, under AFSPA, prosecution can take place only if the Union Government allows it. If those in positions of power and responsibility are serious in wanting justice done to the extent possible, they will also ensure that the structures aiding and abetting such tragic scenarios are removed. If they don’t do this, however good their intentions, it will be only so much hot air and invite even more such repeat incidents in future.  

 



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