Soon after a botched-up operation by an army unit in the Mon district of Nagaland on 4 December 2021, followed by two subsequent firing incidents on 5 December, a major hue and cry erupted against the Armed Forces (Special Powers) Act, 1958 (AFSPA). People from all walks of life in the North East joined the bandwagon demanding repeal of AFSPA from the entire region.
Two of the prominent persons who made this demand included Nagaland Chief Minister Neiphiu Rio, who tweeted: “Nagaland and the Naga people have always opposed #AFSPA. It should be repealed.” Meghalaya chief minister Conrad Sangma tweeted, “AFSPA should be repealed.”
Now the moot question is, whether AFSPA is responsible for the botched-up operation and the subsequent killings? Absolutely not.
The 4 December killings are simply the outcome of dereliction of duty of the security establishment: Forces on the ground and the intelligence agencies. The subsequent killings on 5 December happened in firings during mob violence and such killings are intermittently reported from across the country as we still lack adequate crowd control mechanisms.
Indeed, the law clearly says that “for the maintenance of public order”, any commissioned officer “after giving due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances”.
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It nowhere says to open fire without issuing any warning as has allegedly happened during the botched-up operation. So, it is not the law which is responsible for the 4 December killing. Similarly, mob violence and killings in Forces’ retaliatory action is reported from areas that are not under AFSPA as well. In fact, such killings are more in numbers in areas that are not under the purview of AFSPA. Thus, AFSPA is not responsible for the subsequent killings on 5 December as well.
However, those who are ill-informed about the law or are willing to remain ignorant, are blaming AFSPA for these killings. They have blamed AFSPA for similar killings in the past as well. They argue that since the law provides protection to the forces from any punishment, the forces use unlimited powers.
In their defence, they cite this particular section of the law which reads: “Protection to Persons acting under Act: No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.” These people, however, try to conveniently ignore the fact “the powers conferred by this Act” are within the ambit of the Constitution and are well defined. So, there is nothing wrong with the law.
In fact, the Armed Forces (Assam and Manipur) Special Powers Ordinance was promulgated by the President on 22 May 1958. Later, the Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it received the assent of the President on 11 September 1958. At one point in time, the law was applicable in all the seven states of the North East: Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. The law was necessitated to counter the threat of insurgency that started in the region way back in the 1950s.
However, as the situation gradually improved in the region, AFSPA was withdrawn from many areas. For instance, AFSPA was revoked in Mizoram way back in 1986, Tripura in May 2015, and Meghalaya in April 2018. As of date, the law is in force in Assam, Nagaland, Manipur (excluding Imphal Municipal Council Area), Changlang, Longding and Tirap Districts of Arunachal Pradesh, and areas falling within the jurisdiction of the eight police stations of districts in Arunachal Pradesh bordering Assam.
Available data suggest that all these areas where AFSPA is still in force is facing residual insurgency and the threat to security is not over. In Assam, though violence has declined considerably since 2015, a marginal increase has been witnessed in the current year. Though the major terror outfits like the United Liberation Front of Asom (ULFA) and National Democratic Front of Boroland (NDFB) joined talks, the dialogue with ULFA is nowhere near finality.
In Nagaland, though violence has all but ended since the signing of the 2015 Framework Agreement, the delay in final outcome has raised serious doubt over the success of the talks and there is a looming danger of an outbreak of violence. Again, in Manipur, the level of violence has increased in the current year. The three districts of Arunachal Pradesh — Changlang, Longding and Tirap districts — are where the residual insurgency in the state is restricted.
Moreover, many of these areas across states currently under AFSPA fall along the volatile Indo-Myanmar international border. For instance, Chandel, Kamjong, Ukhrul, Tengnoupal and Churachandpur districts of Manipur; Tirap, Changlang and Longding districts of Arunachal Pradesh; Mon, Noklak, Kiphere and Phek districts of Nagaland fall along the volatile India-Myanmar boundary. Assam has contiguous borders with these districts.
Reports continue to emerge that cadres of the Indian insurgent groups operating in these regions are fighting along with warring factions — the junta regime forces and the forces opposing the junta regime — in Myanmar post 1 February 2021 coup. In lieu of this, they are getting money and weapons which they are likely to use to strengthen their respective outfits.
Conspicuously, the clamour for the withdrawal of AFSPA from the remaining areas of the North East is ill-timed. Nevertheless, the government has to ensure that the law is implemented in true spirit and those found guilty are adequately punished. Any lackadaisical approach may prove detrimental in establishing lasting peace in the region which seems to be a goal within reach.
The writer is Research Fellow, Institute for Conflict Management. The views expressed are personal.
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