AFSPA: The Armed Forces Special Powers Act

Should AFSPA be repealed?

  • Yes

    Votes: 14 15.7%
  • No

    Votes: 47 52.8%
  • Dilute AFSPA provisions

    Votes: 5 5.6%
  • More flexible system according to situation

    Votes: 23 25.8%

  • Total voters
    89

Kunal Biswas

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article 370 means that no person other than inhabitants of state at 1951 can buy land in state or even any property, no central govt. law is directly applicable to State of J&K untill it is approved by state assembly,. J&K has its own constitution its own Flag.......no outsider can do job or even study here in govt. institutions....No outsider person can fight elections here or even anything if he's not a state subject holder of J&K.....
The President of India cannot dare to issue any order under Article 356 to Jammu and Kashmir. The President has no right to suspend his Constitution in the State. The National emergency under Article 352 of the Constitution can be extended to Jammu and Kashmir to a limited extent and the financial emergency under Article 360 cannot be enforced in Jammu and Kashmir.
Separatists need to be boycotted by the media, Indian media in its chase for TRP's is becoming a mouth piece for the separatists. Article 370 ensures that we are subsidizing the anti India behavior. Repeal A-370 & media blackout & strict treatment of separatists is need of hr.
Remove article 370 and send some 10/15 million people to settle there..
..................................
 
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The Messiah

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It should stay but misuse of power and fake encounters make for good propoganda by seperatists and moaning by human rights people in media.

Just today i read in newspaper crpf just randomly beat up people and made them sweep streat...this causes more problem. Because of these stray incidents afspa gets bad name.
 

Agantrope

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It should stay but misuse of power and fake encounters make for good propoganda by seperatists and moaning by human rights people in media.

Just today i read in newspaper crpf just randomly beat up people and made them sweep streat...this causes more problem. Because of these stray incidents afspa gets bad name.
Removal of AFSPA is not the right thing to do. Instead remove the Article 370 give it a f*ck, Then AFSPA is not needed
 

ejazr

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Let me qualify that a long term view of AFSPA should be taken. We have Leh and Kargil that is not under AFSPA anymore because the militancy graph has come down. At the same time this removal was NOT a part of some appeasment packagae or a CBM or a concession point. It was a removed as a logical extension to the fact that the government felt that AFSPA is not needed anymore. This despite the fact that Kargil war took place in this sector.

Now I compleately understand that the present unrest is not the army's fault but rather more related to the local police and CRPF handling of the unrest. But I am looking at this as not just in the present context but in the overall scheme of things. From what research I have done (and I could be wrong) most of the districts selected have not had militancy related incidents for 2-3 years some as much as five years past. And all of the 4-5 districts are NOT border areas. So if as a logical process in a few months or a years time as part of a review AFSPA is wtihdrawn from these districts it would send out a positive message. AFSPA withdrawal should be made from a position of strenght and not a position of weakness as the current UPA administration was probably thinking of doing. I don't agree with making AFSPA withdrawal as part of a CBM in the current environment as it would make no differnece watsoever.

I think the army better understands the most important COIN principle of keeping the population on your side and this is shown by more peaceful and better situation in areaslike Poonch and Rajouri which despite being muslim majority and militant infested have been pro-India. This strategy has tobe adopted in the valley itself in particular by the CRPF and police.


Overall, I highly doubt that Pakistan/ISI would return to militants and terrorist violence ala the 90s because public demonstration and the images of anarchy are more productive for them at present. What they want is constant confrontation of the people with the state forces. And this would atleast go on till the US leaves Afghanistan 2012-2014. Until then I doubt we would see violence on the 1990s levels due to continous international glare on Pakistan and the floods situation.
 

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CIVIL SECRETARIAT – HOME DEPARTMENT.
SRO NO. SW 4 Dated 6-7, 1990
In exercise of the powers conferred under section 3 of the Armed
Forces (Jammu and Kashmir) Special Powers Ordinance, 1990, the
Governor of Jammu and Kashmir hereby notifies the areas given in the
Schedule to this notification as Disturbed Areas.

(Sd.)"¦"¦"¦."¦"¦"¦"¦"¦"¦"¦"¦.
Additional Chief Secretary (Home),
Jammu and Kashmir Government.
"¦"¦.
SCHEDULE
1. Areas falling within 20 Kms. of the Line of Control in the Districts
of Rajouri and Poonch.
2. Districts of Anangtnag, Baramulla, Badgam, Kupwara, Pulwama
and Srinagar.

(Sd.)"¦"¦"¦."¦"¦"¦"¦"¦"¦"¦"¦.
Additional Chief Secretary (Home),
Jammu and Kashmir Government.
Government of Jammu and Kashmir
Civil Secretariat Home Department
NOTIFICATION
SRINAGAR, THE 10TH AUSUGT, 2001
SRO 351: Whereas the Governor is of the opinion that the State is in
such a disturbed condition that the use of Armed Forces in the aid of
civil power is necessary to prevent the activities involving terrorists acts
directed towards striking terror in the people;
Now, therefore, in exercise of the powers conferred by section 3 of
the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990, the
Governor hereby declares the districts of Jammu, Kathu, Udhampur,
Poonch, Rajouri and Doda to be disturbed areas in addition to districts,
Srinagar, Budgam, Anantnag, Pulwama, Baramulla and Kupwara which
stand already so declared.
By order of the Governor

Principal Secretary to Government
Home Department
NO:Home-219/97-ISA dated 10.8.2001.
AFSPA Notification

Leh, Ladakh and Kargil, to the best of my knowledge, was never under AFSPA. The Notifications too do not mention them as Disturbed Areas. My experience in the Kargil Ladakh belt in two tenures does not suggest that there was ever any terrorism in these areas nor were convoys escorted or ROPs and picquets activated.

In all areas notified there has been terrorism and hence those areas are declared Disturbed.

There is no doubt that, be it the Army, CRPF or BSF, high handed action cannot be condoned. In the Army, it is not just not acceptable.
 

Ray

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Whose man is that soldier fighting in Kashmir? : India : Tarun Vijay : TOI Blogs

The article is not important.

Just check out the poem at the end.

Notwithstanding what it states, the soldier will still defend the Nation,

I am reminded of Col Jessop in Few Good Men. His actions were reprehensible. However, I like this quote:


"We use words like honour, code, loyalty. We use these words as the backbone of a life spent defending something. You use them as a punchline. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it. I would rather you just said thank you, and went on your way, Otherwise, I suggest you pick up a weapon, and stand a post. Either way, I don't give a damn what you think you are entitled to".

Notwithstanding, if there is a departure from the letter and spirit of the AFSPA, then surely one can and should question.
 
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AFSPA debate: Soldiers clear, but is everyone else? | Indian Defence Review

With Kashmir Valley on the boil, the prolific public debate on the 'Armed Forces (Special Powers) Act' (AFSPA) has taken on an unusual stridency. But a debate which is swayed by emotion, prejudice or cultivated ignorance, instead of resting upon a bed-rock of factual realities, becomes an exercise in mere sophistry.

Before we re-examine what AFSPA is all about, a word about the Indian soldier (means all members of the Indian Army, Navy and Air Force).

Indian soldier is a citizen with equal obligations and the same rights as any other Indian citizen – she / he is neither a 'slave' of the State or of the populace and nor is she / he a robot, to be to be manipulated by the exigencies of politics or populism.

Albeit, as long as she / he wears the uniform, she / he voluntarily denudes her / him-self of three fundamental rights granted by Article 19 of our Constitution, ie, right of free association, the right of political activity and the right to communicate to the Press – all other constitutional rights remain intact. Further, a soldier voluntarily places her / himself under the statutory rigours of military discipline (Army / Navy / Air Force Acts) and is bound to obey all lawful commands of her / his military superior, unto death.

Next, Indian Armed Forces are the servants of the State and its ultimate resort. They are duty-bound to do all that is necessary for the "safety, honour and welfare" of our Nation and to this end, faithfully and efficiently execute all lawful commands, directions and policies of the Government in power, with fidelity and to the utmost of their ability. Reciprocally, it is the duty of the State (and its other executive instruments) to provide the Armed Forces, the means and wherewithals essential to perform the responsibilities and tasks assigned to them.

Now for the AFSPA. Except in war, or when guarding the international border, Indian Army has no constitutional authority or legal powers to use force or fire-arms against anyone, whosoever. Like any other Indian citizen, the only legal right a soldier has, is the right of 'private defence' (of life or property), which must be proved post-facto, in a court of law, and this takes many years of court hearings.

The only other possibility of such use of force by the Armed Forces is when called out in 'aid to civil authority', where a magistrate must be present at each spot, and she / he must allow the use of force in writing, on a particular form, and only after completing these procedures can troops be ordered to use minimum force.

Well, today's terrorist / insurgent / militant / Naxalite does not allow you the luxury of a magistrate's presence, ready with a pen and form (and one would not be handy, everywhere and all the time) – you are shot dead or blown-up in a jiffy, unless you are quicker and forestall him. Any military commander, COAS downwards, ordering his troops to operate in counter-insurgency role (cordons & searches, ambushes, counter-ambushes, pitched battles) against folks of this ilk, would be giving an UNLAWFUL command, not liable to be obeyed.

If obeyed, it would land all commanders down the chain and whole corps, divisions, brigades, battalions, companies, platoons and infantry sections before the courts of law, on charges of murder, assault, injury and destruction of property, obviously leaving no time or resources for any other military activities, for years.So, to ensure that the Army is able to perform its basic function of external defence and internal security of the Nation, some pragmatic persons in 1950's invented AFSPA for Naga Hills, and now it is applied on a 'fire-fighting basis' elsewhere also, NOT by the Indian Army but by the Government of India, when things get out of latter's hand ! So before undermining AFSPA, understand one thing clearly – in a democracy, only the elected Government is mandated to govern – if it fails and cannot find political solutions, and needs to exert State power to enforce its writ, then Army may be called-in by the State – it does not come-in on its own.

So, ordering a soldier, who is also a citizen, to carry out counter-insurgency operations in the absence of any legal mandate, is to order her / him to commit murder and mayhem and this is NOT a lawful command and is legally and morally open to disobedience. You apply AFPSA (or any suitable enabling legal measure) and it becomes a military operation, done in a military manner, with restraint and responsibility. Aberrations will occur amongst humans, will be punished severely and promptly, but these aberrations are not the policy.

As simple as that ! So all those frantic for the removal of AFSPA, need to be clear on this – abolish AFSPA, humanize it or whatever, but before that resolve politically or governance-wise, the problems which force the State to impose AFSPA (ie, convince the insurgents to stop insurgency, militants to stop militancy, terrorists to stop terror, Naxalites to stop mayhem and Valley "youth" to stop chucking stones on behest of 'organisers'). COAS downwards, NO one can order a soldier to obey an unlawful command, ie, to inflict violence without legitimate legal sanction.

Thus, debates based on crass ignorance of ground realities are harmful for the community- it is like banning a book or a movie without having read / seen them. Soldiers are quite clear on where they stand on AFPSA, but is everyone else ?

Courtesy: rediff.com

Major General Rajendra Prakash, VSM
 

Ray

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I hope that the above clarifies what the AFSPA is all about.

Now, Omar Abdullah wants certain areas lifted from the purview of the AFSPA. That is the prerogative of the Govt and none can object.

However, while lifting the AFSPA, it must also be ensured that the Security Forces are not deployed there any more. The SF has no desire to hang one minute more than what the govt desires and most importantly, do not want to become gun fodder of the terrorists operating in J&K without the umbrella protection as is current.

Let the Political Games begin!
 

Tshering22

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The Joint Chief of Staff ACM Naik was pissed and vehemently opposed removal of the act. There's a reason for this anger. We cannot trust Pakistan especially since it is so unstable these days. AFSPA should not be removed until separatism is crushed in Kashmir, Pandits/Sikhs and adjoining area's Buddhists return back and deploy BSF in forward blocks to maintain border's security and safety. Until we have fundamentalist lunatics in Kashmir, we cannot trust them for the safety of these communities and hence something must be done either to blitzkrieg them or to shunt them out of our Kashmir into Pakistan.
 

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J&K: 1,514 FIRs against Army, 97% cases false


Jammu: Over 100 Army men including 48 officers have faced punitive action in cases related to human right violations in Jammu and Kashmir over the last two decades, Army said Wednesday.

"As many as 1,514 FIRs have been registered against army personnel for alleged human rights violations in the last 20 years of militancy", Brigadier General Staff (BGS), Northern Command, Sanjay Verma said.

He said that out of these 1,508 cases have been investigated while probe is continuing in the remaining six cases.

"As many as 1,473 complaints - nearly 97 per cent of the cases-- were found false and baseless," Verma said.

However, 35 cases (2.3 per cent of total cases) were found true, he said, adding that 104 armymen including 48 officers have been punished for human rights violations in J&K.

"Our accountability is very strong. Our investigation and punishment in cases related to alleged human rights violations is very fast," the Brigadier said, underscoring that there "is no room for mistakes.

Army has alway maintained zero-tolerance to human rights violations," he said.

Army officials maintained that they were following certain strict edicts, including presence of police representative during operations and immediate handing over of detainees to police, while conducting counter-terrorism operations under the Armed Forces Special Powers Act (AFSPA).



Army ensures that a police representative is present as part of the operational team though an exception could be made in remote areas where the strength of the police force may not be sufficient to be deployed in more than one operation going on simultaneously, they said.

All operations are conducted as joint operations with the police, they said adding that recoveries made, detainees and bodies of those killed are immediately handed over to the local police.

"No unilateral arrests or searches are made. All actions are based on hard actionable intelligence," they said, adding that army has discontinued crowd control measures and has left the task to the state police.

"No women are searched until women police personnel are present during the operation," they said.

PTI
 

maomao

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This whole argument is destructive.

Rather than repealing AFSPA, the most heinous and discriminatory Article of Indian Constitution i.e 370 should be thrown in the dustbin used by Nehru.

Anyone and everyone should be allowed to buy land in Kashmir.

Kashmiri pundits should be relocated inside Kashmir and given extreme protection, with all their property returned which had been occupied by Islamic extremists.

They should all be given Compulsory Basic Military Training to use and carry weapons (men-women alike).

Special arrangements should be made to jail all the extremists such as Gilanis.

Encourage migration of landless people from other part of India to own land in Kashmir with arms training.

Reservation of 50% Govt. Jobs in all institutions for Kashmiri Pundits and new migrants from minority (in this case non-muslim) community.
.

.
.
.
.
(All this is kind of wishful thinking, with the present corrupt secular govt. busy making money, Kashmir being a huge source of siphoning of govt. money by Politicians and their kin, Bureaucrats and family, Industrialists et al. They will never introduce radical changes in the constitution which would solve Kashmir problem in an instant)
 

Sabir

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Article 370 is the root cause of all problem. J&K should be treated a any other State of India. Article 370 not only prevent man to man communication but also necesary invetment that is essential for economic development. If the people of J&K were tied of with serious economic interest the situation would have been much better today. A nation can not be built up just by logic. It needs proper political moves whenever necessary. Allowing Article 370 for so many decades is a major political blunder.

AFSPA is also a failure a it could not control the situation anyway. A modern Police force accountable for their action can do the job much better. It is debatable how many human right violations are there, but it is a fact that there are scope to cover such incidents. In India, nobody should be allowed to work without accountability. Not even our beloved Armed Force.

I do not undersstand why should there be so much fuss about Kashmir Talk. There should be no talk with Pakitan on it , even if situation becomes peaceful. Indians reject two nation theory. So no part of it to be ceded jut because it is of Muslim majority. If Pakistan doe not like it let them continue what they want.
 

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Opposing AFSPA is to play into separatists' hands: Army Chief

October 24, 2010 7:34:45 PM

PTI | New Delhi

Hitting out at those clamouring for dilution of the Armed Forces Special Powers Act (AFSPA), Army Chief Gen V K Singh is of the view that the Act is being used as a "beating stick" by the separatists in Jammu and Kashmir.

"We are unnecessarily playing into the hands of separatists for whom this is a beating stick," Gen Singh told PTI in a candid interview during which he spoke on Kashmir, allegations of human rights violations and security scenario in the region.

The AFSPA was being "unnecessarily demonised" although it had "nothing to do with the present unrest (in Kashmir)", he said while firmly sticking to his opposition to any withdrawal or even dilution of the Act which gives the Army vast powers to deal with insurgents.

Any move to make AFSPA non-applicable to selected areas of the state by denotifying them from the list of 'Disturbed Areas' also does not find favour with the General.

"It has got no meaning," he emphasised as a "person who has been involved in Kashmir for such a long time".

Gen Singh was clear that non-applicability of the AFSPA to specific areas would not do. "I don't find any logic in all this," he asserted.

His strong opposition to any dilution of the AFSPA comes in the backdrop of demands by the Jammu and Kashmir government, separatists and others for dilution or partial lifting of the Act.

Recently, there were reports that certain districts may be removed from the list of 'Disturbed Areas' which would mean that the Act would not apply there.

It was clear from the General's remarks that he was critical of the state administration's handling of the unrest in Kashmir in recent months during which 111 people have died.

"The state administration could have been better in tackling the way things started," he said. Analysing the unrest, Gen Singh said it owed its genesis to the Amarnath Yatra agitation of 2008 "where the efficacy of agitations was realised by the separatists."

He said, "If you analyse the period from that time onward off and on they (separatists) have engineered incidents and have taken recourse to agitation to test what now became a more sustained agitational system."

The Army Chief said, "I think, to a certain extent, administratively, probably we did not draw lessons like the separatists from the agitation.

I think, administratively we should have drawn lessons as to how you are going to tackle this."

Recalling the successful elections of 2008, the Army Chief said, "We had the best elections, maximum participation. Why did it happen? Some people must reflect. It had a content which was military, had a content that was administrative and a content which was political.

"All three have to play a part, nobody can say only part achieved it... I think we should have built on that situation for better gains...

We should have drawn lessons from what happened during Amarnath Yatra. I think, we would have come out better."

Rather than diluting AFSPA or withdrawing it from any place, he said if the Army is not required to operate in any area, it will not operate. "How does it make a difference? After all, situation has to be controlled by somebody, so please control it. When the situation goes bad, then you look at it."

Gen Singh was asked whether the current unrest in Kashmir reflected a situation similar to the 1990s.

Commenting on this, Gen Singh said it was a "different issue altogether" in the 1990s when the country was not prepared either politically or administratively to deal with the situation which was not the case now.

He felt that people of Kashmir were more interested in "rozi roti (living)" rather than protests but they were being forced into it by separatists and "peer pressures".
 

Armand2REP

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I voted to dilute it. After reading the act... it is draconian to say the least but they do need some power.
 

Tshering22

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Arman.... this is a ploy by Human Rights Commission that is a sell out to Separatists and terrorists against India. Diluting the act will mean sending our soldiers into a slaughterhouse. 96% of allegations that have been made again Indian Army have been proven false by HRC workers who legally work with the Army to check for genuine violations. Most of the rapes and murders are done by Kashmiri terrorists itself and those supporters voluntarily take this up as an excuse to build sentiments against our rule. It is cheap and dirty but then against Jihad has no limits for underhand tactics.
 

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why does n`t an ordinary soldiers of armed forces/paramilitary forces and yes why does n` t a havalader in Indian police administrative set up has any special or rather say separate human rights organisation. i never saw any human rights offering their support to them only sometimes politican offer their support even that is spare . it hight time we provide them with one
 

Armand2REP

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Arman.... this is a ploy by Human Rights Commission that is a sell out to Separatists and terrorists against India. Diluting the act will mean sending our soldiers into a slaughterhouse. 96% of allegations that have been made again Indian Army have been proven false by HRC workers who legally work with the Army to check for genuine violations. Most of the rapes and murders are done by Kashmiri terrorists itself and those supporters voluntarily take this up as an excuse to build sentiments against our rule. It is cheap and dirty but then against Jihad has no limits for underhand tactics.
My problem... it rather sounds like Blackwater. No accountability for their actions = absolute power corrupts absolutely.
 

Tshering22

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^^ Bro, Indian Army isn't as secretive as its Pakistani counter part and we do have Rights people working within and alongside the Indian Government to check for genuine violations. Most of the rapes and murders are committed by radical Islamist separatists just around the time when a drunk soldier has committed some problem, all this to make it look like our armed forces are barbarians.

In truth, Kashmiri Islamists are the most horrific barbarians along the lines of Taliban... they have the blood of 100,000 Kashmiri pandits/sikhs and buddhists massacred and driven out of their homeland in late 80s and early 90s. Houses burnt down, temples smashed, community halls descecrated etc. Technically they deserve 1,000 times worse than what they're falsely blaming the Indian Army of. Instead our troops are very humane with them and only fire and kill in retaliation of aggression which is 100% justified.
 

Armand2REP

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Here is what should be discarded from it...

"Fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law"

"legal immunity for their actions"

No one is above the law, not even those that enforce it. Using lethal force for breaking "any law" is absurd. Draconian measures that have no place in this century.
 

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That security forces can not work with their hands bound with fear and investigate each incident. On the other hand, terrorists want the security forces have their hands tied, and they also have common laws instead of the special law over ordinary legislation, it is very difficult to prosecute terrorists.
 

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