Thursday, April 29, 2010

Do we need harsh laws like AFSPA to fight insurgents?

Ref: AFSPA doesn’t need change: Harsh law helps in the fight against insurgents by Lt-Gen Harwant Singh (Retd): click here

Rejoinder
1. I have, since long, held Gen Harwant's professional views in high esteem. Therefore is justified, historically proven and merit in his defence of AFSPA. He is also in good company on this issue, presently- on the highest table in fact- the new Chief is as a firm proponent of this 'good' law which has lately acquired an 'odium' in local perceptions?

2. I can also claim some 'hands on' experience of CI ops, incl as a BM in Nagaland and cdr of two Bdes in Manipur. Personally, I cannot recall taking cover behind or flaunting a copy of the AFPSA to conduct successful ops. In fact one did a lot 'worse' to get results, provided one did not "alienate" local perceptions, in the long run. Indeed, existence of the law had a prophylactic value but its use was as rare as the contested 'excesses' .

3. In the ultimate analysis, the key determinant of success(or otherwise) in CI/ CT ops is the support/ alienation of local population - all the force in the world cannot neutralise its loss. If in doubt, check with the US/NATO forces further West? For whatever reasons, AFPSA has become a huge red-flag 'alienator'- witness Irom Sharmila's 10 yr long fast and so on. Public support is a function of 'perceptions' and IA was(?) not very skilled at perception management. Our fixation with the 'tried and tested', in this case, can thus become counterproductive to our own cause. Perhaps, it is time to get flexible and innovative.

4. The conventional objection to a 'revision' or the law, as expanded in the Article, is that it will dilute the 'essentials' of legal protection. But why and who said so??? Let us get smart and don't let there be operationally unacceptable dilution of the enabling legal provisions. Surely we can manage that- it is our own Govt, ain't it. My vote is ,therefore, against a 'fossilized' approach - sorry Harwant and all the like-minded worthies (means the majority)!!!
But then I have always enjoyed sticking my neck out.
Cheers.
Yogi
(Lt Gen YN Sharma, Former Army Commander)

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