09/12/2021 - Indian Polity

KEY POINTS

·        The Act grants extraordinarily sweeping powers to the armed forces of search, seizure, arrest, the right to shoot to kill and conduct operations in ways that make a mockery of individual rights and dignity.

·        The physical and psychological costs to the armed forces are immense and they create pressures for providing legal protection.

·        The repeal of AFSPA is necessary not just for restoring constitutional sanity, but also as a way of acknowledging the brutally dark history of our conduct in Nagaland.

·        India’s handling of the Naga insurgency has been a mixture of brutal repression, accommodation, betrayal, negotiation and bribery.

·        The political incorporation of Nagaland (and all other areas where this law applies) will be set back if the guarantees of individual dignity of the Indian Constitution are not extended.

·        Even though the Army has officially opposed its repeal, AFSPA has been counterproductive for the Army in three ways.

·        Giving wide immunity to the forces can distort the choice of strategy in counter insurgency operations:

·        Wider immunity can often reduce rather than increase the professionalism of the forces.

·        Central dominance in a way that undermines both Indian federalism and operational efficiency.

·        The existence of those powers is an affront, and they create a culture of fear, interdiction, humiliation and violence.

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