The Armed Forces (Special Powers) Act, 1958, better known as AFSPA, has been brought out of wraps at various opportune times – opportune for those who have either something to gain, i.e. the insurgents in Jammu and Kashmir, political parties always ready to fish in troubled waters, with an eye on electoral gains or those who are regular establishment-baiters, who have made it a habit to take the plunge headlong in any controversy with the belief that if it is against an organ of the government, it needed to be opposed!
The insurgents we are fighting today are heavily armed, they act speedily, commit heinous crimes and disappear. Unless the army counters such actions with speed and not wait for orders from higher civil or military authorities, nothing would be achieved.
Also, the soldiers and officers of the army need to be protected from prosecution for consequential action taken against insurgents in good faith as part of their operations. Here too, the Act does contain the important caveat that the army personnel can be prosecuted with the Centre’s sanction, if their actions warrant it. There is, therefore, no blanket immunity from the laws of the land.
The army is designed and structured for fighting external enemies of the nation. Consequently, they are not given any police powers. However, when the nation wants the army to conduct counter-insurgency and counter-terrorist operations, then they must be given the legal authority to conduct their operations without the impediment of getting clearances from the higher authorities.
It is only then that the operations will be conducted in the usual efficient manner of the army and would be result-oriented. They also must be legally protected. It is because these two aspects have been catered for that the army has been neutralising the insurgents and terrorists, so that normalcy is restored and the political leaders and officials can restart governing.
Pse Click to Read the Complete Article: Special Powers for Armed Forces - We Need Clarity, Not Emotions
Svipja Technologies
(The Writer is Former Vice Chief of the Indian Army)
The insurgents we are fighting today are heavily armed, they act speedily, commit heinous crimes and disappear. Unless the army counters such actions with speed and not wait for orders from higher civil or military authorities, nothing would be achieved.
Also, the soldiers and officers of the army need to be protected from prosecution for consequential action taken against insurgents in good faith as part of their operations. Here too, the Act does contain the important caveat that the army personnel can be prosecuted with the Centre’s sanction, if their actions warrant it. There is, therefore, no blanket immunity from the laws of the land.
The army is designed and structured for fighting external enemies of the nation. Consequently, they are not given any police powers. However, when the nation wants the army to conduct counter-insurgency and counter-terrorist operations, then they must be given the legal authority to conduct their operations without the impediment of getting clearances from the higher authorities.
It is only then that the operations will be conducted in the usual efficient manner of the army and would be result-oriented. They also must be legally protected. It is because these two aspects have been catered for that the army has been neutralising the insurgents and terrorists, so that normalcy is restored and the political leaders and officials can restart governing.
Pse Click to Read the Complete Article: Special Powers for Armed Forces - We Need Clarity, Not Emotions
Svipja Technologies
(The Writer is Former Vice Chief of the Indian Army)
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