Saturday, October 22, 2011

AFSPA muddle


i am contemplating, is the Jan Karwan , mislead or ....Misleading!

The Maolm incident which started this debate was indeed unfortunate. In all probabilities a paroxysmal stress reaction by Assam Rifle troops on being ambushed by some unknown miscreant. Nevertheless, the unwarranted loss of life can not be discounted, and the law must take it in just stride.

Heirangoithong massacre occurred due to overreacting CRPF troops.

These incidents are unfortunate, yet a verdict without seeing the other face of the coin will be unfair. These troops undergo tremendous emotional agony in their prolonged deployment in hostile environment. The factor of hostility is a product of distrust between the people and police...

Now firstly CRPF, ASSAM RIFLES and State Police do not require AFSPA to operate. Mandated to maintain law and order, they act under Ministry of Home Affairs guided by tenets of IPC and CRPC.

AFSPA is aplicable only to the Army and other forces of Ministry of Defence which are trained as a lethal instrument of state against foreign aggression. And the so called "Draconian Law ," only provides legal cover to Army to act in Aid to civil authority.

It gives no licensee to kill to anyone. Each arrest, made under its provision is to be explained and Human Rights of the arrestee are to be respected. it proscribes any form of torture and a medical examination of the arrestee is must.

 and if a death does occurs due to abuse or mishandling, it is triable by a court of law. It is just the summon has to be guided through central government.

So will a dilution of this law , or repeal make any difference? i do not think so.

....i wonder how easily people accept misinformation on face value.

1 comment:

Na said...

Law exists, but guidelines for the manner of implementation of the law are always lost in the fine print..and its casualty is human life-valueless?
i agree and appreciate your article, skand