India Intelligence Report

 

 

   Armed Forces Act Amendment

  Prime Minister Manmohan Singh visiting Manipur said that his government will amend the Armed Forces Act withdrawing extraordinary provisions such as shoot-to-kill thus complying with demands made by many politicians of the North East (NE).
 

 

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Prime Minister Manmohan Singh visiting Manipur said that his government will amend the Armed Forces Act withdrawing extraordinary provisions such as shoot-to-kill thus complying with demands made by many politicians of the North East (NE). Unnamed officials also said that the government may also scrap the entire law "if subsequent conditions allow" but Defense Minister Antony was emphatic that the law will not be scrapped and only the Army will be sensitized to human rights element while dealing with the people.

Regardless, Government sources say that two key amendments are foregone conclusion. The first one is withdrawal of special powers to officers to fire upon and even kill individuals if they are "of the opinion that it is necessary to do so for the maintenance of public order." The second amendment will be to incorporate a list of "do's and don'ts" laid down by the Supreme Court in 1997 while reviewing the constitutionality of the Armed Forces Special Powers Act (AFSPA). They say that these changes will be pushed through "in matter of weeks."

Last year, the Government appointed a committee to look into provisions of AFSPA under the chairmanship of Justice Jeevan Reddy which advocated dissolution of this law but including key provisions under the Unlawful Activities (Prevention) Act (ULPA). However, the government concluded that the ULPA was applicable throughout the nation and not meant to deal with extraordinary situations such as the NE where the Army needs "indemnity" to deal with insurrection often supported by foreign regimes or operating from neighboring countries. Instead, they have now decided to eliminate the "worst aspects" of the law to make it more benign. Apparently, Singh has given up trying to replace AFPSA with "more humane" laws.

Sustained opposition by the Defense has stopped such political meddling. While it is important that there be a due process in dealing with civilians, border line terrorists, or those colluding with terrorists, the Army has also have to deal with political interference and manipulation at the local level.