The Union home ministry is in a bind over its own survey conducted amongst serving and retired servicemen who have favoured continuation of the controversial Armed Forces Special Powers Act (AFSPA) in Jammu and Kashmir its present form. Incidentally, it is the home ministry which is pushing for dilution of the act.
The survey, conducted at the instance of the defence ministry, elicited the views of serving and retired officers of the armed forces. Government sources said that a there is a near unanimous view among the servicemen who have opined that if the Army should continue its deployment in trouble-torn Jammu and Kashmir and northeast, the provisions of the AFSPA should not be diluted. They noted that armed forces personnel need legal protection to be effective in the battle against militancy. AFSPA, often dubbed as “draconian” for the widespread powers it gives to the Army, guarantees that Army officers can operate without fear of arrest by civil authorities.
When contacted, a home ministry official told this newspaper that it was an informal survey commissioned by the MHA. “It does not have any bearing on the ministry’s views which remain unchanged,” an official said. The findings of the survey are expected to be shared with the defence ministry.
Sources disclosed that the survey was conducted recently after the MHA’s proposal seeking amendments to the AFPSA to make it “more humane” was returned by the Cabinet Committee on Security (CCS). The proposal was sent back to MHA for re-consideration after the defence ministry raised a red flag.
However, notwithstanding the opposition from various quarters, the home ministry will place its proposal before the CCS once again. “No significant changes have been made to it,” an official said.
Through the amendment, the ministry has proposed that arrest warrants are secured in advance and grievance cells set up to address citizens’ complaints against the armed forces, sources said. By amending clause 4(a) of the controversial act, it proposes to abolish the power given to the armed forces which allows them to open fire causing death, they said.