Highlights

Secessionist and terrorist activities that deny the State its ability to exercise its Administrative, Police and Judicial rights in any part or area of the State are enemy activities. The State then declares such Areas as Disturbed and decides to exercise its last option to bring such areas back under its control. It calls on its Military to do so, with a dear understanding that Failure is not an acceptable option. Restrictions of Human Rights and occurrences of collateral damage are not applicable in such circumstances and only actions that can be designated as war crimes can reasonably be deemed as prohibited. Any alleged war crimes can be investigated and dealt with by designated Military Tribunals, as the accused has a right to be judged by his peers, those who can understand the circumstances. We should have confidence and trust in our Military and in its training.

Quotations for Consideration

“If you see a snake, just kill it- don’t appoint a committee on snakes (to consider and advise you on how to deal with it.)” – Ross Perot

Background

The Armed Forces Special Powers Act (AFSPA) is a Special Act that comes into effect only for the period and where the Government has declared a particular operational valid area as being a disturbed area beyond the control of the administration and the capability of even the police, when stronger action is needed to keep the Country together and failure is not an option. It is under such circumstances that the Armed Forces are tasked to move in and do what needs to be done as expeditiously as possible. In such extraordinary circumstances when ordinarily applicable rules of engagement are replaced by rules of war that AFSPA is intended to protect the Armed Forces from infructuous and motivated calls for prosecution for alleged human rights violations and accusations of use of excessive force.

Naxalite operations arise from long festering dis-satisfaction in the domestic population and would generally be dealt with by the Police forces. These actions would need a longer period of commitment than would appear at first sight. The Police strive to separate the reconcilable from the irreconcilables and engage with the administration to resolve the local development and other issues that give rise to dis-satisfaction. However, at many times such domestic forces are involved with and funded by foreign terrorists and agencies inimical to our country and would need to be viewed as enemies of the State and dealt with as such. In such circumstances, when the situation is beyond the capability of the Police Forces, and it becomes crucial that the area is brought back under the control of the State as expeditiously as possible, that the Armed Forces are tasked to move in and re establish the control of the State in that area.

Clarity is required on;

• The End State – it is most important, when dealing with Insurgency / Naxalism / Terrorism to be clear on the intentions, on the ‘End State’ and on the methods which will be implemented in various situations and on a Unified Command system which clearly is authorized to take the call as applicable, and that everyone involved is also, clear on the same.

This should be reflected in a mission statement which could be, say as:

“To conduct combat, security and support operations, in coordination with the local Police and Para-Military, to secure the population, defeat terrorists and irreconcilable extremists, neutralize the insurgents and gain the support of the locals in a fair and impartial manner and transit responsibilities to the Police and State administration at the earliest.”

• Jurisdiction and Justice – though Law and Order is a State subject, when the perpetrators of the crime cross State boundaries or use Central Organizations/Facilities (Postal, Railways, Interstate phones/mobiles etc.) to commit the terror act, then it should rightly become a Central problem to be addressed by a Centralized Command. Recognize such perpetrators as being unlawful and declare that strict and prompt action will be taken against all those involved, including local supporters. Lay down a policy of ‘No Negotiations’ unless violence is forsworn and weapons laid down. Ruthless killing of civilians and non-combatants is undertaken by the Insurgents/ Terrorists to use Human Rights activists to pressure the Authorities into a cease fire or withdrawal. Such periods are used by the Insurgents/ Terrorists to re-group and recover. Hence, once action is initiated, calls for any such break should not be entertained. Also, lay down a policy of ‘No exchange or release of prisoners’. Announcing such a policy in advance will act as a deterrent. The best option is to eliminate the availability of such an exchange option to the terrorists by ensuring very speedy hearing and disposal of all terrorist cases, through Special Courts set up for that purpose. Since those who use weapons against the State are the enemy warring against the State. Such Courts/ Tribunals and procedures can be based on the rules followed by Military Courts/Tribunals to try War Crimes etc.
• Operational Authority- In order to enable the Armed Forces to act effectively to resolve Insurgency/ Terrorist issues, in areas declared as disturbed by the State or Central Authority, it is necessary that the Government gives adequate support and authority to them without undue interference and influence. To lay down in a clear and definable manner, the desired ‘End State’, and ensure that the ‘Rules of Engagement’ and ‘Operation’ be such as to take appropriate action as deemed fit by them in the circumstances in order to ensure security. As such actions will at most times result in the curtailment of some of the rights and freedoms of the locals, even damage to their property and even loss of limb and life, the Armed Forces will need Special Powers and Protection. The AFSPA offers such powers and protection. The limits of a disturbed area should be such as to deny the Insurgents/Terrorists the opportunity to move into adjacent areas and thus escape capture. Such areas should be operationally contiguous and viable and clearly demarcated.
• Oversight Procedures – To ensure proper oversight and investigation of the operations of the Security Forces and of their actions in any operation, a division / department can be constituted within the appropriate Ministry, on the lines of the US Police Department’s Internal Affairs Department, to investigate into accusations of Human Rights abuses / use of excessive or inappropriate force, and to recommend appropriate action. Some sort of Departmental reporting and de-briefing may even be made routine in all cases of firing and the authority concerned be authorized to either okay it or order an enquiry as considered above. The existing authorities, now partially empowered for such duties, should be absorbed into such an internal affairs department.

Such a procedure should, to a great extent, allay the fears of any reasonable minded civil liberties activists that no attempt to subvert due procedure is being made. It will also, allow the Forces to undertake their tasks as best as they can, and as per their training, without the fear of being unfairly targeted even in righteous incidents let alone justifiable accidents, and with the confidence of being overseen or judged only by their peers – people with experience of such situations.

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