A petition has been filed in the Supreme Court (SC) by many army personnel against the alleged dilution of the Armed Forces (Special Powers) Act (AFSPA).
This comes in the midst of inquiry commencing into the multiple alleged extra judicial killings since 2000 on the direction by the SC.
What is the context?
Recently, SC asked CBI to constitute a “Special Investigation Team” (SIT) to probe the 1,582 cases of alleged extra-judicial killings since 2000 in Manipur.
Further, Jammu & Kashmir Police have also filed an FIR against an army officer for firing at alleged stone-pelters leading to the death of three persons.
In this context, the petitioners had alleged that criminal investigations against Army personal for actions in line with their duty has demoralised the forces.
But many hold the opinion that as there are serious allegations of human rights violations, the decision of service men to approach the court is wrong.
Why was the petition a wrong move?
The implementation or withdrawal of AFSPA from a particular terrain, or alterations in its provisions is political calls taken by elected governments.
Hence, members of an apolitical institution like the armed forces should not be seen to act like a pressure group, to influence policy.
In this context, the petitioning could even be perceived as a violation of the army act as forming collectives or organizing for political purposes is barred.
The AFSPA has strong provisions that provide immunity for armed personnel involved in counter-insurgency operations.
But transgressions while in the line of duty are open to legal scrutiny by courts and there have been extended debates on this aspect of AFSPA.
Further, several commissions have suggested amendments to AFSPA, and the concerns of the armed forces too had figured in them prominently.
What is the way ahead?
Armed forces are apolitical state institutions, and it should not intrude into the affairs of the other arms of the state with a political agenda.
In this context, the increasing propensity of army personnel to approach the courts for redress of policy reflects a failure of internal mechanisms.
With multiple promotion and pay related issues also making it to courts, the internal structure needs to be bettered by the forces to improve the situation.
