NO government would wish to introduce the so-called draconian Armed Forces Special Powers Act (AFSPA) in any state unless the situation demands so.

The centre first introduced the Act in North-East and later on extended it to Jammu and Kashmir due to the grim situation created by unlawful underground militant groups bent upon causing unrest in the country. In Jammu and Kashmir, the Act was introduced in 1990 to give the army and paramilitary forces powers to detain suspects and use deadly force against the Pakistan- trained militants.
Of late, the AFSPA has become a matter of debate. Some want it repealed. Some want it amended and some others prefer to maintain status quo. So strong is the resentment against AFSPA in Kashmir that in recent months separatist leaders spearheaded anti-AFSPA demomonstrations across the valley. Besides separatists, CM Omar Abdullah is also stressing the need to re-examine its applicability.
No doubt there have been some cases of excesses by the security forces during cordon-off searches and frisking etc., but the Act helped the Jawans to restore peace and calm in the valley. While some politicians are sensationalising the issue to keep their vote banks intact, the separatist leaders are raking up the issue just to trigger violence and enmity among the people. The fact remains that the security forces have dismantled more than 40 bunkers from the city, particularly the Lal Chowk area and is in the process of removing others with the passage of time and turn of events. As such, Omar and his likes ought to wait and watch till militancy is completely wiped out in the state.
It is ironical while Omar Abdullah is impressing upon Kashmiris that AFSPA would be withdrawn soon, Home Minister Sushil Kumar Shinde has made it clear in unequivocal terms that the Act will not be withdrawn from J and K until the situation in the state is completely peaceful.
The Home Minister while addressing a press conference in New Delhi recently said, “partial withdrawal of the Armed Forces Special Powers Act (AFSPA) from some areas of Jammu and Kashmir was unlikely to take place in the near future. The Home Minister also set at rest all speculations stating that the “issue could be settled only after peace is restored in Kashmir.” “The implementation of the AFSPA cannot be stopped till complete peace returns in J&K,” he has said.
Shinde said that infiltration from across the border to Jammu and Kashmir has “increased” in recent times and security forces were keeping a close eye along the Indo-Pakistan border. “Infiltration has increased. That is our information. We are worried. We are watchful in all sectors.”
The Army has also been maintaining that any tampering with the law at this time will “handicap” their capability to conduct counter-insurgency operations. The Army authorities had earlier won their battle against Chief Minister, Omar Abullah, on the issue of revocation of the AFSPA when Union Home Ministry accepted the views of the top army authorities. The Field Commanders in a Unified Command meeting opposed Omar Abdullah’s demand for partial withdrawal of the AFSPA. After discussing the situation in Kashmir with top officials last month, Defence Minister A K Antony ruled that no hasty decision can be taken on the AFSPA as the infiltration still remains a concern. “I agree with Chief Minister Omar Abdullah that[the] violence level has come down, but infiltration is not coming down and it has increased slightly and we have to be watchful round-the-clock” Antony added.
According to a government statement in the Lok Sabha last week, there are about 2500 militants in various camps in Pakistan and Pakistan-occupied Kashmir and the neighbouring country is actively supporting them in their infiltration attempts into Kashmir. “The terror infrastructure in Pakistan and PoK remains intact and infiltration attempts from across the border still continue to pose a challenge to the security forces. Reports indicate that there are 42 militant camps still functioning in Pakistan”, Minister of State for Home Affairs Mullapalli Ramachandran informed the House.
Mr. Abdullah is bent upon withdrawing the Armed Forces Special Powers Act from parts of the state despite the fact that the Indian Army, the Defence Ministry and the two committees formed by him are of the view that the ground situation is not ripe for such a move. This would be a perfect recipe for disaster. The argument should be viewed in the context of the enormity of security challenges confronting the country.
Omar had made a plea with the central Gov’t for partial withdrawal of the AFSPA earlier also, but the Ministry of Defence has been consistently opposed to withdrawal of this piece of law despite the fact that the former union Home Minister, P. Chidambaram, had supported Omar Abdullah’s demand for partial withdrawal of the AFSPA. Besides, Omar had also met Prime Minister Manmohan Singh and the then Home Minister P. C Chidambaram, but had to return dejected, as there was no positive response from the central leadership.
Not surprisingly, after Saifuddin Soz, another Congress Party leader also questioned Chief Minister Omar Abdullah’s bid to revoke Armed Forces Special Powers Act (AFSPA) from some parts of Jammu and Kashmir saying the time is not ripe for such a move.
“The time is not yet ripe for revoking the AFSPA. Maybe next year…Maybe when we have another peaceful summer,” Congress leader and Public Health Engineering Minister Taj Mohiuddin told reporters in Srinagar. Mr. Taj Mohiudin said, “there was no guarantee that the areas, where Armed Forces Special Powers Act is revoked, will not become a safe haven for militants. Can anyone guarantee that?”
It is quite clear from the manoeuvres of the NC government headed by Mr. Omar Abdullah that it is travelling on a disastrous course. The removal of ASFPA is not going to buy peace. Any talk of diluting the Act will lead us to an inevitable predicament where our armed forces would be sent to the battle hamstrung with hands tied behind their backs. The Abdullah government will only weaken itself by squandering all the good work done by the security forces.