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Should AFSPA be repealed?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

Defcon 1

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i suggested special team of police which can be trained by army. the police efforts to control counter insurgency makes this international insurgency crisi as law and order problem thus diluting the gravity of the matter in international forum. as the world follows an approach of non interference in internal matters. moreover all the terroist comes from pok only so army guarding border got primary job to take away them before reaching cities and villages. the army soldiers can be deputed to this team also to give expert advice and tactics. this way the international problem will turn into domestic law and order problem with what so ever kashmiri anger against their own state govt and not against army or Indian govt in delhi.


entire approach can be summarized as not paying overt attention to make the attention grabber lose motivation to do so.
u are very right in ur suggestion....but the problem is J&K is already facing a shortage of police personnel....in this situation, i don't think, raising up of a new team will be possible...moreover, a large number will be required.....in 2010, one of india's generals said that 337,000 army personnel have been stationed in kashmir.......pakistan claims that this number is around 700,000.....even if we assume that only one lakh of these forces are stationed in cities and villages, don't you think, this will be a huge number of forces to be raised????
 

SPIEZ

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u are very right in ur suggestion....but the problem is J&K is already facing a shortage of police personnel....in this situation, i don't think, raising up of a new team will be possible...moreover, a large number will be required.....in 2010, one of india's generals said that 337,000 army personnel have been stationed in kashmir.......pakistan claims that this number is around 700,000.....even if we assume that only one lakh of these forces are stationed in cities and villages, don't you think, this will be a huge number of forces to be raised????
If you could check some other posts, you would find the J&K police having SPECIAL OPERATIONAL GROUP, and handling terrorist operations with modern guns like TAR TAVOR rifles etc.
 

Defcon 1

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If you could check some other posts, you would find the J&K police having SPECIAL OPERATIONAL GROUP, and handling terrorist operations with modern guns like TAR TAVOR rifles etc.
so wats ur point????? they are still short in number of what is required...
 

SPIEZ

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so wats ur point????? they are still short in number of what is required...
J&K POLICE SOG are handling the situation to some extent.

Man power shortage is meet by PARA.

COIN operations are done by army.
 

agentperry

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u are very right in ur suggestion....but the problem is J&K is already facing a shortage of police personnel....in this situation, i don't think, raising up of a new team will be possible...moreover, a large number will be required.....in 2010, one of india's generals said that 337,000 army personnel have been stationed in kashmir.......pakistan claims that this number is around 700,000.....even if we assume that only one lakh of these forces are stationed in cities and villages, don't you think, this will be a huge number of forces to be raised????

large no when direction is not their, when headed by army general( deputed or retired) and intel guys, this force will be like ATS team of mumbai wiping out terrorist in cities but with sophisticated weapons. small force just to take out threat will do, but yes it comes with a pre-requisite that intel needs to be strengthened like all the new comers and potential terrorists or sympathizers should be kept under check. 100% efficiency cant be achieved but still if low profile but dangerous targets are eliminated then the terrorists will lose much of its local support infra.
 

Defcon 1

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large no when direction is not their, when headed by army general( deputed or retired) and intel guys, this force will be like ATS team of mumbai wiping out terrorist in cities but with sophisticated weapons. small force just to take out threat will do, but yes it comes with a pre-requisite that intel needs to be strengthened like all the new comers and potential terrorists or sympathizers should be kept under check. 100% efficiency cant be achieved but still if low profile but dangerous targets are eliminated then the terrorists will lose much of its local support infra.
perhaps they will do something about it when the national intelligence bill is passed in this winter session
 

agentperry

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perhaps they will do something about it when the national intelligence bill is passed in this winter session

well inter JK intel will also do. jammu and ladakh citizens can be hired to provide intel to this force and this force, branded as police spl group and working as autonomous force will take on the terrorists on the basis on the provided info.
 

Bhadra

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AFSPA is a measure of last resort available to the Union of India and the state Govts.
There are measures and stages of dealing with Armed insurgency or uprising against the state as given in the constitution and other laws.
Law and order is the state subject and at primary level they are supposed to deal with. For this the primary agency is the local police.

Failure of law and order and safety and security is the Union of India subject and they can intervene to restore the same on asking or without asking by the State Govt. This second stage is also dealt with by the police.

When the police deals with law and order problems, they are protected under various provisions of the law specially the CrPC etc.

At the last stage, when the police is not able to deal with local law and order and the administrative machinery fails, then the help of Army is sought. This means the third level of state violence is required to applied to restore the situation. It necessitates that there have to be adequate legal provisions for application of this force (Armed Forces) as also for dealing with extraordinary situation.

The final stage under the constitution is Martial Law.

Now, the questions raised before the supreme Court were that application of AFSPA in the sate by the Union under a federal structure was ultra virus. The Supreme Court a number of times has rejected many arguments regarding AFSPA.

The separatists everywhere have then resorted to politics and taking NGO / press route against AFSPA.

The biggest problem is that when the Army is in a disturbed Area but not under AFSPA, the police will arrest them for every action of theirs like in Delhi or Bhopal. Local police is local and has local interests. It will be very difficult for Army to function.

Presently, it is the IPS lobby in MHA and scarred Chidambaram (scared of IPS led CBI and other Police org due to his roles in scams) who want Police rule in J&K to have upper hand over the Army.

It is the insider treachery by MHA which is making matters worse.

It is difficult to have AFSPA is one district and remove it from the adjoining district due to operational contiguity. In J&K it a war on two fronts. There are Army areas every where. Removal of AFSPA will force the Army to fight a losing battle without adequate protection under law. The rear area battles will be worse than battles on the front. It is a question of the protection of lines of communication.

Arun Singh Commitee doctrines of fighting two fronts simultaneously will go for a six. Omar will never visit those areas where there is no AFSPA. DC and SP in those districts will be abducted in no time. Those will become Pakistani enclaves. One can never have a situation like that. J&K is very different ball game.

I sincerely hope that the greater good takes over the petty politics of Chidambaram
 

Kunal Biswas

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i think army should only be asked to guard borders while paramil should take care of sensitive installation and special police teams should do city based arrest and encounters this will shift the focus of people from army and paramil to police and political parties. there should be autonomous body headed by intel guys who will be free from JK administration and control this police force.

i think time is there to form new force to do such target elimination exercise.

i suggested special team of police which can be trained by army. the police efforts to control counter insurgency makes this international insurgency crisi as law and order problem thus diluting the gravity of the matter in international forum. as the world follows an approach of non interference in internal matters. moreover all the terroist comes from pok only so army guarding border got primary job to take away them before reaching cities and villages. the army soldiers can be deputed to this team also to give expert advice and tactics. this way the international problem will turn into domestic law and order problem with what so ever kashmiri anger against their own state govt and not against army or Indian govt in delhi.


entire approach can be summarized as not paying overt attention to make the attention grabber lose motivation to do so.
Kashmir was never a International Problem, Certainly not by Indian Gov & Indian Army.
Kashmir militancy exist since 1948 with Help of Pakistan, Making Rumors International Problem is work of Pakistan..


Indian Army work is to find and kill domestic and foreign elements which harm national interests, J&K is a complex terrain of Mountain, Jungle and Snow covered high alt areas, In which only few places are urban, To cover such a vast area army contributing about 58 battalions to the CI ops - 36 in Kashmir and 22 in the Jammu region.




1. Army and Paramilitary guard Borders, Sensitve zones are guarded by Army.
2. Army mainly works in Multi-terrain inside J&K to hunt tangos as its the best capable force to deal with the situation.
3. J&k police, Paramilitary and Army operate in Urban, Army use in sensitive zones extensively..



RR works with other Organisations in J&K in COIN missions where civillian are in the line of Fire, J&K Police SOGs helps Army in all COIN Ops, J&K Armed police & Its SOG is major in CT ops inside cities not Army, Most Urban encounters are done by Paramilitary groups like CRPF/BSF with J&K police`s SOGs, Army is active in more sensitive areas like Sopore and others and only, In Major Urban Cities Army involve physically Only when called By Default or Request
..

The Force that taking Over Army`s Role in most Areas are J&K police SOG which participates in most encounter with Army, It helps them to gain experience to lead their genrations, But They are still new and imature, That one Major Reason Army likes to stay..



Insurgency will always reamin and RR will be alwasy reamin in J&K coz the exsitance of POK, That factor makes RR Presence irremovable From J&K, Insurgency in J&K can only be countered in Joint Ops of Police, Paramilitary and Army..
 

Kunal Biswas

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In khaki uniforms, AK-47 assault rifles slung upon their shoulders, self-conscious, they strut about on the roads of Kashmir. The screeching halt of their bulletproof vehicles usually means trouble for the local population. They don't talk; they don't like arguments. They prefer their guns and batons to speech.


They are the men of the 1000-strong Special Operations Group, an elite anti-militancy force of the Jammu and Kashmir Police. Young men, they hail from all the regions of the state and reflect Jammu and Kashmir's various ethnic groups: Kashmiris, Gujjars, Dogras, and Sikhs. Many of them are the victims of militancy in the state.


They are in the headlines for two reasons: killing militants, and alleged human rights violations. In fact, so strong and so many were the complaints of human rights violations against the SOG that the People's Democratic Party had promised to disband the group if voted to power. The party's manifesto declares: 'A commission would be set up to inquire into the allegations against Special Operations Group/security forces relating to disappearances and custodial killings. We demand stern punishment for those responsible for custodial killings.'

And PDP Vice-President Mehbooba Mufti had declared just a few days ago, "Disbanding the SOG would be our first priority after assuming office as it has committed untold atrocities on the people."

The PDP is now tying up with the Congress party to form the next government in the state, and PDP President Mufti Mohammad Sayeed is all set to become the state's chief minister.


Incidentally, in 1996, Mohammed Maqbool Dar, a south Kashmir resident who was the minister of state for home in the H D Deve Gowda's federal government, had also raised the issue of reforming the SOG. So what is it about the Special Operations Group that draws so much ire?


The Special Operations Group was raised in 1994 with the idea of 'involving the passive Jammu and Kashmir Police in the anti-terrorist activities and giving a local face to these operations'. The SOG was a volunteer force comprising police officers and policemen. The volunteers came for different reasons: some genuinely wanted to fight the militancy of the anti-India outfits, while some were lured by the incentives offered.


The benefits are many. Every militant killed earns the SOG Rs 35,000 to Rs 50,000, according to a police officer. Extra is paid arresting the militants and capturing arms and ammunitions. Then there are the out-of-turn promotions. Hundreds of officers have risen up the ranks while hundreds have policemen have become officers in a matter of a few years, thanks to their stints in the SOG.


The group operates in tandem with the paramilitary forces and some times with the Indian Army. It shares its intelligence with the central government forces. "There are times when we work on our own. But in bigger operations, we work along with other forces, whether the army or the Border Security Force," an SOG officer told rediff.


The SOG has been successful in its anti-terrorist operations but it is under a cloud for human rights violations. Most of the complaints registered with the Jammu and Kashmir State Human Rights Commission -- from custodial killings and disappearances to allegations of extortion and rape -- are against the SOG.


"There are complaints against all the forces but the SOG takes the cake when it comes to rights violations," averred a senior judge at the state Human Rights Commission.


A police officer said, "The SOG is a breed apart. There is no accountability for them. No questions are asked. Nobody keeps an account of the ammunition they use. It is very different from the rest of the police force."


The SOG officers feel that since they are involved in high-risk anti-militancy operations, they deserve some privileges and leniency. "We have to give the boys a free hand and overlook many of their mistakes. Otherwise they would not be willing to die and to kill. That is the way to get results," explained a former SOG officer, who was in charge of a district in the state.


Even the SOG founding father has come under fire. Farooq Khan was the first officer to head a SOG unit at Srinagar in 1994. Currently the senior superintendent of police, Jammu, Khan is under suspicion as the five persons slain at Panchalthan village -- dubbed as the terrorists responsible for the Chittisinghpora massacre -- were found to be innocent civilians. There are chances of his being implicated in the case.


Following the Panchalthan incident, relatives and sympathisers of the youth held a demonstrating which was fired upon by the SOG, killing eight protesters. Being the district police chief and heading the SOG as well, Khan was suspended for some months.
However, the various security agencies in the state are against the idea of disbanding the SOG. Privately, most of the senior police officers argue that it would be a setback to the anti-militancy operations.


Pointed out a top police officer, "The SOG has been at the forefront of the anti-terrorism operations. We are involved in 70 per cent to 80 per cent of the operations. And wherever the forces operate, whether the army, paramilitary, or the SOG, there are allegations of abuse." He insisted that all allegations are looked into.


The officer warned that if it did away with the SOG, the state government would not only deplete the strength of the state police force but would end up having no say in the anti-terrorists operations, which would then be carried out by the Indian Army and the paramilitary, both of which report to the central government.


The SOG officers feel that the force had been instrumental in countering militancy. "It was the SOG that killed the Lashkar guys during the Srinagar airport attack. Then there are so many other names like Hamid Gada, a top commander of Hizbul Mujahideen in Ganderbal," said a senior officer.


But the rights violation allegations against the force seem to overshadow its efficiency on the battlefront. "People do feel that there have been instances of high-handedness and cases when the law enforcement agencies become an authority beyond the law itself," said M Y Tarigami, state secretary of the Communist Party of India (Marxist). Although Tarigami is not for dissolving the SOG, he emphasises the need for a change. "Today we need to give human face to the state police. If the unlawful activities have to be dealt with, it has to be with lawful means, not by distorting the law." However, even as the PDP was seeking to do away with the SOG, the Congress was not so keen, forcing Mufti Mohammad Sayeed to mellow his tone. The common programme of the two parties makes no mention of disbanding the SOG. Instead, Mufti said the SOG personnel would be assimilated and relocated within the regular state police establishments and efforts would be make the police force a more effective and humane instrument for law enforcement. He even asserted that if necessary, some powers would be retained, though they would be used sparingly and the men held accountable for any misuse. So will the SOG be stripped of its perks and power? Or would it continue to operate under a new name and form?



Only time will tell.




Source: rediff.com: SOG: Good guys or bad guys?
 

agentperry

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Kashmir was never a International Problem, Certainly not by Indian Gov & Indian Army.
Kashmir militancy exist since 1948 with Help of Pakistan, Making Rumors International Problem is work of Pakistan..


Indian Army work is to find and kill domestic and foreign elements which harm national interests, J&K is a complex terrain of Mountain, Jungle and Snow covered high alt areas, In which only few places are urban, To cover such a vast area army contributing about 58 battalions to the CI ops - 36 in Kashmir and 22 in the Jammu region.




1. Army and Paramilitary guard Borders, Sensitve zones are guarded by Army.
2. Army mainly works in Multi-terrain inside J&K to hunt tangos as its the best capable force to deal with the situation.
3. J&k police, Paramilitary and Army operate in Urban, Army use in sensitive zones extensively..



RR works with other Organisations in J&K in COIN missions where civillian are in the line of Fire, J&K Police SOGs helps Army in all COIN Ops, J&K Armed police & Its SOG is major in CT ops inside cities not Army, Most Urban encounters are done by Paramilitary groups like CRPF/BSF with J&K police`s SOGs, Army is active in more sensitive areas like Sopore and others and only, In Major Urban Cities Army involve physically Only when called By Default or Request
..

The Force that taking Over Army`s Role in most Areas are J&K police SOG which participates in most encounter with Army, It helps them to gain experience to lead their genrations, But They are still new and imature, That one Major Reason Army likes to stay..



Insurgency will always reamin and RR will be alwasy reamin in J&K coz the exsitance of POK, That factor makes RR Presence irremovable From J&K, Insurgency in J&K can only be countered in Joint Ops of Police, Paramilitary and Army..
sir i know that making kashmir an intl agenda is handy work of pk and to make it internal tussle should be our top priority, we cannot stand on world top stage with 8 of our states self categorized as DISTURBED and HIT BY SEPARATIST MOVT. this is a sham and diff policies should be formulated to make these serious prob milder ones. afspa should be changed with time and this is the best way forward. im suggesting the head of these forces should be army gen and intel people and under their guidance they should clean the cities of militants. this will not project it as army rules trouble hit indian territory.

army presence in maintaining peace is often projected as occupation
 

Kunal Biswas

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[h=1]Unsung and unheard, the Rashtriya Rifles plays a critical role[/h]


The Rashtriya Rifles's contribution to peace and stability in Jammu and Kashmir is immeasurable. The force has been able to create a situation conducive for civil governance, says Nitin Gokhale.

For a counter-insurgency force that is largest of its kind in the world, the Rashtriya Rifles receives very little attention in discussions and writings on India's endless war in Kashmir.Staying out of the limelight, however, does not take away in any way the immense contribution made by this force in the past two decades in India's fight against Pakistan's proxy war in Jammu and Kashmir.In its 21st year, it is useful to look back at the evolution of the Rashtriya Rifles into a unique force and also understand its future roadmap.Nitin Gokhale is the Defence Editor, NDTV. This feature was originally written for a defence magazine.


It is important to remember that officially the Rashtriya Rifles is still a 'temporary force', since clearance to raise the force was given under the provisions of Union Composite Table, Part II.So, theoretically, if the Union government wants, it can disband the 80,000-strong force with an executive order.

However, given the relentless attempts by Pakistan to send highly-trained and heavily-armed terrorists into Kashmir, the chances of such an eventuality in the near future remain low.Moreover, like the Assam Rifles in the north-east, the Rashtriya Rifles in J&K has emerged as a force that now has unmatched knowledge of the terrain, the people, local dynamics and most importantly, intelligence.It is now the spearhead of the Indian Army's sub-conventional war doctrine.

In many ways, the Rashtriya Rifles remains a unique experiment in the army's glorious history, mainly because never in the past has such an 'all-arms', polyglot composition worked in tandem to produce such magnificent results.After all, this is the only force where infantry soldiers work shoulder to shoulder with personnel drawn from other arms and services.


The beginning was not easy though. The Rashtriya Rifles was born under very difficult circumstances.The initial proposal was to have a new para-military force under the home ministry's control and made up of superannuating soldiers, regular army volunteers on deputation, ex-servicemen and lateral inductees from various para-military forces and central police organisations.Although good on paper, this proposal never took off and the since the situation in the Kashmir valley was deteriorating swiftly, the army had to find quick answers. So the top brass under then Army Chief General S F Rodrigues decided to make the Rashtriya Rifles an all-army force.The government was still reluctant to put its full weight behind the idea. Old timers recall that the dominant thought process in 1990 at the highest levels in government was still to push in two divisions of the army -- the 39th and 6th -- into counter-insurgency operations.The army brass resisted fiercely and insisted on a specialised counter-insurgency force.Looking back, that decision not to deploy the 39th and 6th division (the latter army HQ reserve) was perhaps the most crucial advice that the army gave to the government.Today, those two divisions are free for their conventional role even as the Rashtriya Rifles has grown into a 65-battalion (nearly seven divisions!) force which has honed its counter-insurgency skills and may now be ready to do dual tasking of guarding the Line of Control.



However, it is useful to recall that the initial sanction was for only two sector headquarters, each comprising three battalions.Under General Rodgrigues, a crack, proven CI formation -- the 8th Mountain Division -- raised and then continuously based in Nagaland for over two decades was shifted to the valley. But even that was not enough.So as General Rodgrigues made way for General B C Joshi as Chief Of the Army Staff, he simply bulldozed his way through both the military and civil bureaucracy to raise more Rashtriya Rifles units during his short tenure.General Joshi's view was: India was going to be involved in an extended counter-insurgency similar to the prolonged deployment in Nagaland and Manipur in the north-east. So a new force -- like the Assam Rifles in that region -- was needed which could be permanently located in Kashmir to counter the insurgents.So General Joshi demanded and got 10 more Rashtriya Rifles sector HQs or 30 battalions equivalent to three divisions. His logic: In the bargain the army would have three additional battle-hardened divisions, ready for rearguard action during any future war.In nearly 20 years since then, General Joshi's prediction has come true! The Rashtriya Rifles units are now as battle-hardened, seasoned and effective as any infantry formation.It wasn't, of course, all easy in the beginning. The initial Rashtriya Rifles units had certain inherent weaknesses in their class and composition. Although the logic of keeping the unit composition a mixed one was sound -- to avoid charges of bias in a class or regional based units -- it created problems in the field.The early Rashtriya Rifles units have been described as 'transit camps', with troops coming and going at regular intervals. The camaraderie and cohesion usually evident in regular army units was missing among diverse troops.There were also numerous problems of administration and even of indiscipline. However, because of the highest quality of leadership displayed by army officers, those initial hiccups were overcome gradually.It also helped that under the next COAS, General Shankar Roy Chowdhury, a new formula was evolved on the basic composition of Rashtriya Rifles units. Each regiment was told to raise two Rashtriya Rifles battalions and provide 60 per cent of the strength for each unit. The rest 40 per cent were drawn from all services and arms. Additionally, the Commanding Officer and his No 2 were drawn from the same regiment. This ensured basic cohesion and discipline. The new formula also engendered a sense of ownership amongst the regiments.Now as a matter of routine one finds a Rashtriya Rifles battalion proudly displaying its parent regiment's name on display boards and sign posts.So, across Jammu and Kashmir it is now common to see boards proudly displaying signs such as 36 RR (Garhwal) or 40 RR (Dogra)!



Apart from the cohesion now more than evident, on a larger scale, the Rashtriya Rifles has allowed other arms and services to get a first-hand battle experience they would otherwise have lacked.Officers from Armoured, Artillery, Engineers, Signals or even those from the Ordnance and Supply Corps would not have had the chance to gain real combat experience had it not been for the opportunity provided by Rashtriya Rifles.Over the past two decades, many officers from these arms and services have distinguished themselves in conflict and have in fact earned gallantry awards aplenty.Today the Rashtriya Rifles has a separate directorate in the army HQs and is spread over five CI Force HQs, equivalent to a division. While two are in the Kashmir valley -- CI Force (K), CI Force (V) -- the other three, CI Force (U), CI Force (D) and CI Force (R) are located south of Pir Panjal.These 63 battalions of Rashtriya Rifles form the main CI grid in Jammu and Kashmir, thereby relieving regular army units for training and deployment in their original conventional role.Aware of the potential of these battle-hardened Rashtriya Rifles battalions, the top military leadership in the Northern Command is now gradually thinking of assigning a new role to these formations.

Accordingly, Rashtriya Rifles battalions deployed in Kashmir's hinterland where militancy is at low ebb in the past few years are now being assigned a role along the Line of Control. By doing this, the top brass is readying the Rashtriya Rifles units for multi-tasking in the future.If militancy remains confined to encounters along the LoC, as has been happening over the past few months, several Rashtriya Rifles units located in the hinterland may find themselves without much of a job. If these units are slowly given the experience of guarding the LoC, many more infantry battalions can be freed from LoC deployment and can then be trained or redeployed in high altitude areas along the Line of Actual Control with China in Ladakh or in Arunachal Pradesh.After all, India is planning to raise a full-fledged Mountain Strike Corps in addition to two mountain divisions already under raising in the north-east.All these plans will fructify quickly once the government decides to regularise the Rashtriya Rifles and not keep a sword hanging on the army's head by giving piecemeal extension.The current formal clearance for the Rashtriya Rifles, it must be emphasised, is only up to June 2013.




To implement and fine tune the new strategy, the government will have to redefine the Rashtriya Rifles's role and absorb it as a regular force and not keep it hanging as an ad hoc formation.In the past 20 years, the Rashtriya Rifles flag -- a rifle green cloth with the regimental crest in silver zari in the centre and a crest that has two crossed rifles with the Dharma Chakra in the centre, has become an integral part of Kashmir's landscape. Its motto Dhridtha and Veerta in Hindi is visible all over J&K country-side.Its contribution to bring back peace and stability in Jammu and Kashmir is immeasurable. The force has been able to create a situation conducive for civil governance in coordination with local population, police and civil administration.The sacrifices made by the troops of the Rashtriya Rifles are accurately reflected in the over 4,000 individual decorations, 31 Chief of Army Staff unit citations and 46 general officer commanding-in-chief unit citations that have been conferred on it.It is a force that needs to be supported and nurtured further to keep the security situation in Jammu and Kashmir under control.





http://www.rediff.com/news/slide-show/slide-show-1-unsung-and-unheard-rashtriya-rifles-plays-a-crucial-role/20111019.htm
 

Tomcat

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the RR should be Inducted to the army if and when it is possible
 

Param

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AFSPA is a measure of last resort available to the Union of India and the state Govts.
There are measures and stages of dealing with Armed insurgency or uprising against the state as given in the constitution and other laws.
Law and order is the state subject and at primary level they are supposed to deal with. For this the primary agency is the local police.

Failure of law and order and safety and security is the Union of India subject and they can intervene to restore the same on asking or without asking by the State Govt. This second stage is also dealt with by the police.

When the police deals with law and order problems, they are protected under various provisions of the law specially the CrPC etc.

At the last stage, when the police is not able to deal with local law and order and the administrative machinery fails, then the help of Army is sought. This means the third level of state violence is required to applied to restore the situation. It necessitates that there have to be adequate legal provisions for application of this force (Armed Forces) as also for dealing with extraordinary situation.

The final stage under the constitution is Martial Law.
Law and order is a state subject not Central. Much of the separatist insurgencies in the country were a result of the stubborn anti federal policies of successive union govts in the past.
As for the issue of failure of law and order crap and union govt subject, this entire mess is partially a result of the anti federal policies of the then union govt in 80s.Pak entered the fray by exploiting sentiments and thus militancy took of in a big way.

Militancy in Kashmir cannot be defeated one just by killing combatants. As long as there is resentment among people militancy will thrive. AFSPA and its misuse only perpetuates resentment.


Now, the questions raised before the supreme Court were that application of AFSPA in the sate by the Union under a federal structure was ultra virus. The Supreme Court a number of times has rejected many arguments regarding AFSPA.

The separatists everywhere have then resorted to politics and taking NGO / press route against AFSPA.

The biggest problem is that when the Army is in a disturbed Area but not under AFSPA, the police will arrest them for every action of theirs like in Delhi or Bhopal. Local police is local and has local interests. It will be very difficult for Army to function.

Presently, it is the IPS lobby in MHA and scarred Chidambaram (scared of IPS led CBI and other Police org due to his roles in scams) who want Police rule in J&K to have upper hand over the Army.

It is the insider treachery by MHA which is making matters worse.

It is difficult to have AFSPA is one district and remove it from the adjoining district due to operational contiguity. In J&K it a war on two fronts. There are Army areas every where. Removal of AFSPA will force the Army to fight a losing battle without adequate protection under law. The rear area battles will be worse than battles on the front. It is a question of the protection of lines of communication.

Arun Singh Commitee doctrines of fighting two fronts simultaneously will go for a six. Omar will never visit those areas where there is no AFSPA. DC and SP in those districts will be abducted in no time. Those will become Pakistani enclaves. One can never have a situation like that. J&K is very different ball game.

I sincerely hope that the greater good takes over the petty politics of Chidambaram
Who put an end to terrorism in Punjab? Army or Police?
In J&K along with Police SOG there are plenty of paras.The Army can remain in perpetuity in J&K sighting various reasons. AFSPA facilitates it in a smooth manner.
AFSPA should either be amended or removed from some areas.
 

Defcon 1

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Law and order is a state subject not Central. Much of the separatist insurgencies in the country were a result of the stubborn anti federal policies of successive union govts in the past.
As for the issue of failure of law and order crap and union govt subject, this entire mess is partially a result of the anti federal policies of the then union govt in 80s.Pak entered the fray by exploiting sentiments and thus militancy took of in a big way.

Militancy in Kashmir cannot be defeated one just by killing combatants. As long as there is resentment among people militancy will thrive. AFSPA and its misuse only perpetuates resentment.




Who put an end to terrorism in Punjab? Army or Police?
In J&K along with Police SOG there are plenty of paras.The Army can remain in perpetuity in J&K sighting various reasons. AFSPA facilitates it in a smooth manner.
AFSPA should either be amended or removed from some areas.
the current situation in J&K is quite sensitive and we cannot take any risk, say if we remove AFSPA today and a major terrorist attack happens tomorrow, who is to blame then, the cross border infiltration a came down sharply and i am sure if we wait for some more little, J&K will reach a position where AFSPA can be removed without fears of any further terrorist attacks......till then we cannot afford to be complacent......
 

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