Tag Archives | AFSPA

Facts don’t forget

The arsenal captured from terrorists in Kashmir in the last two decades

Among the many myths about the trouble the Kashmir, a few continue to be perpetuated by Pakistan and Pakistan-backed Kashmiri propagandists even today. One of them is that Kashmir was an indigenous insurgency, with Pakistan only providing its “moral, political and diplomatic support” (as it continues to do even today in the words of the new Pakistan PM on Thursday). Another one is that India unnecessarily responded with a military hand to a political problem, where a few misguided Kashmiri youth had picked up some weapons (the canard about the high ratio of Indian security forces to civilians in Kashmir has been rebutted in this blogpost).

Here are a few hard facts to demolish these myths.

Figures with Jammu and Kashmir’s home department say that security forces have seized 30,752 AK-series assault rifles, 11,431 pistol and revolvers, 1,027 universal machine guns, 2,262 rocket propelled grenade launchers, 391 sniper rifles and hundreds of other weapons, including light machine guns and self-loading rifles.The ammunition recovered includes more than 45,00,000 bullets and 63,000 grenades, besides 45,000kg explosives.

The figures also reveal that that 21,449 militants were killed and 21,655 arrested during this period, taking the combined figures to over 43,000. Security forces lost over 5,300 soldiers and cops. The number of civilians killed crossed 16,000, officials said.[Telegraph]

The security forces in Kashmir have nearly completed their job, and contrary to what many would like us to believe, are on their way out. Reports indicate that the specialist counterinsurgency Rashtriya Rifles units are likely to be moved to the North-East while AFSPA is likely to be lifted from Jammu and Srinagar districts by the end of the year.

But with the decline in violence to its lowest levels ever, it is easy to forget the level and intensity of violence in Kashmir at the peak of insurgency. The spate of fedayeen attacks on army camps in the late 1990s are a distant memory now. These facts, brought out by the J&K state government now, are a reminder of the formidable challenge overcome by the Indian state in the last two decades. It is something we can afford to forget only at our peril. After all, in Durant’s words, “the present is the past rolled up for action, and the past is the present unrolled for understanding.”

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The (belated) right idea

The best time to reconsider the AFSPA in J&K was in 2009. But better late than never.

Here is Omar Abdullah, Chief Minister of Jammu & Kashmir on the Armed Forces Special Powers Act (AFSPA):

“I would like to request that a pragmatic view about the continuation of the AFSPA be taken with a view to removing its applicability from those districts where terrorist or insurgent activities are minimal or insignificant,” he said, without naming the Defence Ministry and the BJP, who favour the continuation of the law in Kashmir.

In a related move, the Centre is also toying with an idea of a proposal submitted by the state government for which phased withdrawal of AFSPA in the state following a strong case made out by Mr. Omar.

To begin with, Centre is likely to explore the possibility of phased withdrawal of the AFSPA in three districts of Kashmir – Srinagar, Budgam and Ganderbal – along with three in the Jammu region – Jammu, Kathua and Sambha – where incidents of violence have shown a marked decline, official sources said.[Hindu]

This is pretty close to the idea proposed by my fellow INI bloggers in early 2009. See this op-ed in the Indian Express from March last year arguing that New Delhi needs to seize the political space in Kashmir by seriously considering the contentious issue of the AFSPA:

While the army’s role in restoring normalcy to Kashmir cannot be overemphasised, and though its preference for the protective cover of AFSPA is understandable, the greater challenge in the final phase of the counterinsurgency operation is seizing the political space. Security inputs are important, but the decision on AFSPA has to be a political one; it cannot be guided solely by the army’s preferences. What is required is not a military-bureaucratic decision but a political one — with active involvement of the state government.

The solution lies in finding inventive ways to balance the security and political imperatives. Here is a model which can be considered: rather than looking at the valley as a whole, smaller administrative units — blocks or sub-districts — should be considered singly. The state government should fix benchmarks — of violent terrorist incidents and deaths — for revoking AFSPA in each of these areas. This would accordingly lead to withdrawal of Rashtriya Rifles units from the population centers in the areas from where the AFSPA is lifted. Quick Reaction Forces of the Rashtriya Rifles, however, must be placed at selected central locations to respond to any major terrorist incident. These actions should be contingent upon a continuous review process: if the security situation breaches the threshold in a certain area, AFSPA can be reinvoked. At the same time, troop deployment along the Line of Control and counter-infiltration operations should remain at status quo.

By all yardsticks, Kashmir is moving towards normalcy. The window of opportunity may not be open for too long. Seize the opportunity while it exists.[Indian Express]

And then there is this another one in the Indian Express asking for selective troop withdrawal from Kashmir.  Watch out for Dhruva’s prescient warning circa February 2009:

Such a proposal is likely to be opposed on bureaucratic grounds by the military itself, and political constipation at the centre, and there is a real danger that this opportunity will be lost due to inaction.[link]

The opportunity was indeed lost due to inaction. But it gives us no pleasure to say that we told you so. Let us hope things work out even now. And we can make a start towards peace, stability and normalcy in the much-troubled state of Jammu & Kashmir.

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Hack the long rope

Ominous signs that the delicate balance of civil-military relations in this country is under strain.

The perspicacious Srinath Raghavan, in his op-ed in the Telegraph, hits the nail on the head with the most damaging fallout of keeping the Henderson-Brooks report secret.

The committee’s approach and findings reflected the dominant view in the military regarding the reasons for the debacle. Among other things, the report told an admonitory tale of meddlesome politicians, a timorous military, and the ensuing but avoidable catastrophe. Determined to trespass beyond its remit, the report concluded that the higher direction of the war was “out of touch with reality”. This was, it bears emphasizing, a judgment passed by two not-so-senior military officers on the elected political leadership of the country.

This narrative, at best radically incomplete and at worst downright false, was congenial to the military and soon became a morality pageant. The central lesson drawn from it was the importance of ‘standing up’ to politicians who intruded in professional matters. In the loss of nerve induced by the war, civilians too came to believe that the military must be given a free hand. So, following the defeat against China, a convention was established whereby the civilian leadership restricted itself to giving overall directives, leaving operational matters to the military. As the then defence secretary later observed, “In the view of the public outcry since the 1962 debacle about the relative role of politicians and the Services and their chiefs”, the military leadership was given “a long rope”. This institutional pattern of civil-military interaction persists to date and has served us ill.[Telegraph] (Emphasis added)

Two recent examples will further buttress the point being made by Srinath Raghavan. The first is the debate over the employment of defence services for anti-Maoist operations. Whatever be the merits or demerits of employing the defence services, first there was this overtly vocal campaign by the service chiefs to oppose any participation in security operations against the Maoists. After the government imposed a gag on service chiefs speaking out openly, enough stories appeared in the media to suggest that the defence services were not amenable to being employed against the Maoists. Indubitably, the government’s decision-making is constrained by such reportage. It is another matter, however, that the political executive and the ruling coalition have cleverly used the army’s reluctance to cover-up for their own lack of political will to undertake concerted security operations against the Maoists.

The second one is about the continuation of Armed Forces Special Powers Act (AFSPA) in the states where army is employed for counterinsurgency operations. The Union government is already considering proposals to amend the AFSPA on the basis of the recommendations made by Justice Jeevan Reddy Committee. Defence Ministry, on the basis of the inputs provided by the Army, has floated its comments on a cabinet note prepared by the Home Ministry on the subject. While the Union government is yet to take a decision on the sensitive political issue, senior army brass has gone on record to publicly advocate that army wouldn’t be able to function without the protection of the AFSPA.

The point is rather simple and has been made earlier. All decisions in an institutionalised democracy are political decisions, though they must be based, as and when required, on security inputs. The defence services have a right to, and are in fact duty-bound, to render a free and frank opinion on security matters to their civilian masters. They must do so, but only at appropriate forums within the government setup. If done in any other manner, it distorts the institutional pattern of civil-military interaction in a democracy: the dangers of the same are only visible once the country is confronted with a serious national security challenge. Let us be warned.

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AFSPA is not worth it

As the recent J&K beggar killing incident shows, there is a compelling case for a comprehensive amendment of, if not scrapping the AFSPA altogether.

The killing of a 70-year old beggar in J&K last week — in a fake encounter by the army or while caught in the crossfire between the troopers and the terrorists, depending on the version one believes — could not have come at a worse time for the establishment. The continuously changing versions of the army and numerous media reports on the incident have further given credence to the suspicion that the conduct of the army was not aboveboard. Evidently, it now seems to be a case of fake encounter and a botched cover-up by the army authorities. Using the idiom made famous by the COINdistas of the US military, this is a tactical mistake liable to mushroom into a strategic blunder. The army may dismiss it as an isolated case of wrongdoing and even take departmental action against the guilty but that would be to proverbially miss the woods for the trees. Simply because such an incident directly feeds into and sustains the anti-India political narrative being fashioned by the separatists in the state.

The political pressure on the state government — already struggling due to disunity among the allies and political ineptness of the Chief Minister — is again mounting [after a similar incident in Sopore last year] to show some visible action against the erring armymen rather quickly. Farooq Abdullah’s almost helpless statement on this incident reflects the kind of pressure the ruling coalition in the state is under:

The Army Chief is coming here and Chief Minister will take up issue with him. He will try to make sure that culprits are brought to book… Such type of human rights violations should not take place. Everyone knows it that it is difficult to take action against army here as troopers enjoy impunity due to Armed Forces Special Powers Act (AFSPA).[Greater Kashmir]

It is a fact, whether one likes it or not, that the AFSPA is a potent weapon in the hands of the separatists to fuel the emotions of the local Kashmiris against the establishment. This blog had earlier called for a review of the AFSPA in the state as a bold political gambit to discredit and defeat the separatists. After understanding the background and the implications of the AFSPA [see this blogpost], one can hardly disagree with the Union Home Minister’s arguments for amending the AFSPA. While the case for amending the AFSPA is mainly a political one, the arguments against it have been made from a rather narrow security-centric angle by the army.

In a comprehensive piece in the Asian Age, Srinath Raghavan has now gone a step further and made a compelling case  — on political, strategic, security and ethical grounds — for scrapping the AFSPA altogether.

But the AFSPA is not simply an operational issue. Given the widespread revulsion against its provisions in all regions falling under the act, the question of repealing it has become a political one. Hence, the Army’s view cannot be the deciding factor. In any case, there is no reason why the political leadership should feel unduly constrained by the Army’s stance. The chain of accountability is clear: the military is responsible to the political leadership, who in turn are answerable to the people. The Army must also realise that the line between advising against a course of action and resisting civilian efforts to pursue it is rather a thin one.

The Army’s stance is also problematic in its own terms. The underlying issue is a conceptual and doctrinal confusion over dealing with insurgencies. At one level, the Army considerably emphasises the importance of winning “hearts and minds” of the local population. For instance, under Operation Sadbhavana in Jammu and Kashmir, the Army has spent crores of rupees on a variety of projects.

At another level, though, it tends to view this as a supporting activity to defeat the insurgents rather than the main aim itself. The Army has been unable to grasp that in an insurgency the overall objective is capturing the will of the populace. Hence, all activities, including military operations, must be undertaken in such a way that they support this objective.

The Army’s counter-insurgency doctrine rightly identifies the military’s role as “creating conditions that are conducive to the attainment of political objectives”. At one point, it goes as far as to state that population is the “strategic centre of gravity”. Yet a clear distinction is made between military operations aimed at “neutralising all hostile elements in the conflict zone” and the efforts towards “transforming the will and attitudes of the people”. Indeed, the doctrine explicitly states that former is the more important task: “Efforts employed on civic action projects should not be at the expense of primary task of neutralising terrorists and their supporters”.

This disjunction between military operations and “hearts and minds” efforts is incorrect and indeed counter-productive. This underlying dichotomy explains why the Army is institutionally unable to recognise the benefits that will accrue from getting rid of the AFSPA.

Furthermore, the Army should pay greater attention to legal and moral issues in handling insurgencies. In the battle for the people’s will a sense of right and wrong is critical. Counter-insurgency efforts will be credible only if the Army’s actions are consonant with the norms and values cherished by the people. But, as yet, legal and ethical questions do not significantly feature in the training of its officers, let alone that of soldiers. To be sure, the Army Headquarters has issued a list of “dos and don’ts” in this regard. But these do scant justice to the legal and moral complexities confronting troops on the ground.

Scrapping the AFSPA may, in the short-term, pose some operational constraints for the Army. But these should be weighed against the advantages of avoiding divisive domestic debates and being able to tap into wider bases of support. The case for removing the AFSPA stems from strategic as well as legal and moral considerations. For ultimately the challenge of counter-insurgency is in the cognitive domain.[Asian Age]

Let us hope that when the new army chief visits J&K tomorrow for the first time after assuming his appointment, he will display the boldness of vision and intellectual perspicacity to move away from his stated position and publicly announce his support for a comprehensive review of, if not scrapping the AFSPA. That would be a sure-shot way to convert an adversity into an opportunity in J&K and set the basis for long-term success in all other counterinsurgency operations in India.

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On AFSPA

Union Home Minister’s arguments for amending the AFSPA are prudent.

Anyone who makes an honest effort to understand the background of the Armed Forces Special Powers Act [AFSPA] will find it extremely hard to disagree with Union Home Minister, P. Chidambaram.

On AFSPA – the Justice Jeevan Reddy Committee recommended repealing it. If they had stopped there, I would have been happy. But they suggested making another law or amending the existing one to virtually incorporate the offending provisions. Anyway, having read that report carefully, I have proposed amendments to AFSPA which will make it a more humane law, and yet serve the purpose when the army is deployed. The army refuses to be deployed in a civil conflict situation unless it has certain protections. There are only two ways to go about the: One, we can say the army will not be deployed: the matter ends there. The other is to say, the army will be deployed if necessary, but we will give them adequate protection, not excessive protection. You have to strike a balance and make a judgement. Right or wrong, it will always be criticized.  I have made a judgement and proposed amendments. But can I simply wield a magic wand and bring them into force? No. I have to clear it through Cabinet and Parliament. I may stumble on the way, I may succeed in my effort but at least I am trying to amend AFSPA. I have told everybody in Kashmir and Manipur the amendments are ready, it’s before the Cabinet. Now we have to wait and see what we can deliver.[Tehelka]

Oh, and the venerable Home Minister forgot to mention that his estimable colleague, the Honourable Defence Minister — whose default geniality is so pronounced that it verges on apathy — has opposed any such moves to amend the AFSPA.

Support for continuing the AFSPA in its present form has become, in many circles, a sort of litmus test for compassion and caring about the armed forces. It is a case of casual misrepresentations feeding the willed delusions of these proponents.

For those in the opposing camp, doing away with the AFSPA is a moral cause; leftist liberals — supported by the organisations like the Amnesty International — claim that what is at stake here are not just the details of policy, but fundamental principles of a democratic, liberal state. They forget that it is the details of policy that change people’s lives. The moral imperative for any state is to get them right.

One hopes that the Union Cabinet is able to get the AFSPA right. Soon.

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Why AFSPA can be reviewed in Kashmir

As a bold political gambit to finish the separatists.

In an edit yesterday, Mint joined issue with P Chidamabram and made a strong case for continuation of the Armed Forces Special Powers Act (AFSPA) in Kashmir. They based their argument on three premises. First, the crisis after the Shopian issue is unrelated to AFSPA. Second, the situation in Kashmir continues to be critical which needs the strong hand of the army. Three, the army can only operate against the terrorists under the protection of the AFSPA.

On the face of it, the argument seems plausible. But a slightly deeper study reveals a few major flaws in the prescription.

At the outset, it is amply clear that the Shopiyan incident is totally unrelated to AFSPA in any manner. In fact, the security forces camp — allegedly involved in the rape and murder of two Kashmiri girls — is a camp of the paramilitary forces which, unlike the army and the Rashtriya Rifles, does not operate under the protection of the AFSPA.

Should AFSPA go because of Shopiyan incident or because the hardliner separatists like Geelani demand it? No, obviously not. But should AFSPA be reviewed, at least for certain selected areas of Kashmir? Yes, it should.

Now that is a rather difficult case to argue because the easiest prescription for the government is to send the army (or keep the army there in this case) and invoke the AFSPA (or continue with it in this case). It signals strong action by the Indian government and can not be opposed by any well-meaning Indian in the name of patriotism. But an extended army deployment under the AFSPA is no panacea for separatism as our experiences of North-East so clearly tell us.

Now consider the context of army and AFSPA in Kashmir. The army moved in to the Kashmir valley for counter-insurgency duties after terrorist violence shot up in 1990 and the local police was unable to control it. The deployment of the army was backed by invoking the AFSPA, and for valid reasons. If figures for violence were a reason for bringing the army and invoking the AFSPA, then the current figures of violence (for terrorists, security forces and civilians) — which are back to pre-1990 levels — certainly call for a review of army deployment and the AFSPA. This is obviously contingent on the movement of army and the RR to a pre-1990 situation in these areas, after handing over the law and order duties to the state police. Once the army and the RR move out from these selected areas, the AFSPA is automatically no longer an issue to be debated there.

In terms of a COIN theoretical framework, the current stage of counter-insurgency in population centres of Kashmir is beyond the counter-terrorism stage. While army (and AFSPA) are necessary for counter-terrorism actions, they may have to be dispensed with in later stages of COIN operations. By all accounts, the insurgency in Kashmir valley, which is in its terminal stages, calls for a review of the deployment of army and thus, will lead to a review of the employment of AFSPA.

If we look at this in terms of the Clear-Hold-Build stages of COIN operations, the dipping violence figures in the state clearly indicate that the Clear phase is over in certain areas, with the Indian and state governments focusing there on the subsequent two phases of COIN — Hold and Build. As it is no longer an indigenous insurgency, the Hold phase is to be mainly practised on the LoC to prevent infiltration and eliminate any infiltrators who might sneak through the border fence and the multi-tiered army deployment. This Hold phase is where the counter-terrorism operations are going to take place, which will necessitate the employment of army operating under the AFSPA there. In fact, the army has been there at the LoC for over six decades now, insurgency or no insurgency in the Kashmir valley. That deployment, in itself, is not a part of the debate.

After the successful conduct of elections, the most critical phase, primarily a political one — the Build phase — is currently in progress in the cities, towns and villages of J&K. For the first time, the pressure from the average Kashmiri for economic growth and development has forced separatist hardliners like Geelani to stay away from strikes and hartals, and advocate peaceful demonstrations. To negate this success of development based political agenda of the mainstream Kashmiri politicians, the separatists have moved their ideological argument from a politico-ethnic-territorial one — of Kashmiri independence — to a Jamaiti ideology fuelled politico-religious one — of an Islamist-Kashmiri identity in danger.

Whether one likes it or not, the AFSPA is a potent weapon in the hands of the separatists to fuel the emotions of the local Kashmiris. Reviewing the employment of AFSPA where the army and the RR is not needed today — strictly based on the figures of violence — will not only defang the major plank of the separatists but also strengthen the hands of the mainstream politicians in this dangerous ideological battle in Kashmir.

To protect the state against nefarious Pakistani designs, Indian army is needed at the LoC and in other border areas of J&K. Where the Indian army and the RR are so employed, they will have to operate under the protection of the AFSPA. At other places — mainly the population centres in Kashmir — an area-based review of army’s deployment, and thus the AFSPA, is not a sign of weakness of the Indian state. It, in fact, signals a bold political step, a final gambit by the Indian state to finish the scourge of Pakistan-based Islamist separatism in Jammu & Kashmir. Let us not close our options on AFSPA in Kashmir altogether without considering the subject in its entirety.

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Omar’s bold gambit

Prosecuting soldiers. Understanding AFSPA.

After the media reports that the Magisterial enquiry by the J&K state government has blamed the army jawans for indiscriminate killing of innocent civilians in Sopore, the new CM, Omar Abdullah has come out with a very strong statement.

“Exemplary punishment will be handed over to the Army men, if found guilty, in the killing of two civilians in north Kashmir Bomai village… If the inquiry, as per the media reports, indicts any troopers, I will carry the report personally to the Union Home minister and the Defence Minister to ensure that the guilty are given exemplary punishment,” the CM said. “Bringing those responsible for the innocent killings in Bomai to book is a matter of credibility for this government.”

As Kashmir has been under the Armed Forces Special Powers Act [AFSPA] since 1990, the prosecution of any armed forces personnel can only be with the executive sanction of the Central government. The start of the silly season of elections means that the current dispensation would take no decisions, even if the CM were to beg of them. And even the new government can defer the decision to sanction prosecution indefinitely (as in the Afzal Guru hanging case).

So what exactly is AFSPA? A little backgrounder on the AFSPA makes for an interesting and educative reading.

To counter the Naga separatist movement in the early 1950s, the Indian Army and other paramilitary forces were deployed in the then Naga Hills. The introduction of the AFSPA was the outcome of this armed conflict.The AFSPA was passed by the Indian Parliament in 1958 (later amended in 1972), to enable effective counter-insurgency operations in Nagaland. But it drew largely on a draconian ordinance of the British era. When the Congress gave the call for Quit India on August 8, 1942, the then Viceroy, Lord Linlithgow declared emergency all over British India and promulgated the Armed Forces (Special Powers) Ordinance, 1942 on August 15, 1942, conferring vaguely defined special powers to the armed forces to arrest and use force against (even kill) civilians on mere suspicion.

However, in its new avatar, the AFSPA made certain modifications to the ordinance. The provision for declaration of emergency was replaced by the term ‘disturbed area’; more vaguely defined powers were added (including the power to use force to even kill any person on suspicion of disturbing public order or carrying weapons, ‘to search any place without warrant or destroy any place on suspicion of being used by armed groups) to the old Ordinance; and the power to take action, given to an officer of the rank of Captain and above in the old Ordinance [Remember that the substantive rank of Major was at nearly 20 years of service then, compared to 6 years now], was delegated to lower ranks including Junior Commissioned officers and Non-commissioned officers.

The AFSPA was amended in 1972 giving the Centre the sole power to proclaim the act or to order its removal in any part of the country. The state government was left with no control in AFSPA after this amendment. In fact, the legality of the act was challenged in the Supreme Court. In 1998, Supreme Court unpheld the legality of the act, but with many riders, including a six-monthly review and clearly enunciated justifications for imposing or continuing with the AFSPA in any part of the country.

To quote Shakespeare, desperate situations need desperate measures. Without the powers of the Act, the security forces could not have opened fire until fired upon — a passive reaction, where pro-active action was the perceived need of the hour against terrorists. The AFSPA enabled the security forces to strike first. In the hostile and war-like situation prevailing in counterinsurgency operations, the AFSPA gave the army sweeping powers to protect the interests of national integrity and stability.

There is no doubt that the AFSPA, like many other strong government measures with sweeping powers, is liable to misuse. However, in today’s terror ridden times, disbanding the AFSPA altogether would amount to throwing the baby with the bathwater. A credible six-monthly review process, based on inputs from the state government and contingent on specific security related benchmarks, could perhaps be the right answer.

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