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Looking into Army Excesses

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February 16, 2018

What is the issue?

Instances of excesses committed by the security forces call for a fair probe and judicial redressal.

What is the case in Manipur?

  • The Extra-Judicial Execution Victim Families Association (EEVFAM), an NGO, documented over 1,500 murders by the armed forces.
  • The court is hearing a PIL petition seeking a probe into these extra-judicial killings in Manipur from 2000 to 2012.
  • Fake encounters are alleged to have been executed by the Army, the Assam Rifles and the police in Manipur.
  • The Supreme Court has earlier directed a time-bound probe by the CBI into over 80 such deaths.
  • The CBI’s SIT recently appraised the Court that 42 cases had been registered on such killings.
  • Following this, the Court expressed its dissatisfaction with the progress made by the SIT in the case.
  • Following SC's reprimand, the CBI has registered 11 more fresh FIRs related to suspected extra-judicial killings in Manipur.

What is the recent case in Kashmir?

  • Two civilians were killed allegedly when Army personnel fired at a stone-pelting mob in Ganovpora village in Shopian, J&K.
  • The Chief Minister ordered an inquiry into the incident.
  • An FIR was filed against Major Aditya Kumar in connection with the killing.
  • Petition - A petition was filed before the Supreme Court seeking the quashing of the FIR.
  • The petition also sought guidelines to protect soldiers’ rights and payment of adequate compensation for them.
  • This is to ensure that no Army personnel was harassed by criminal proceedings for bona fide actions in exercise of their duties.
  • Court - The Supreme Court subsequently issued notice to Jammu and Kashmir government and Centre.
  • The court sought their responses within two weeks.
  • Importantly, it directed that “no coercive action shall be taken” against Major Kumar till then.
  • Pellet guns - Using pellet guns is another worrying issue in Jammu and Kashmir.
  • The Kashmiris do not want police using the pellet-firing, 12-gauge shotgun that the CRPF uses against them.
  • Pellet-firing has notably torn out the eyes of over 1,000 Kashmiris, including children and bystanders.

What do these cases imply?

  • These incidences are perceived as excesses by the armed forces.
  • Kashmir - It is clearly not possible for the Jammu and Kashmir government to coerce the Indian army.
  • The Kashmir chief minister does not even have control over the state’s policing force.
  • The CRPF that operates in Kashmir reports directly to the Union Home Minister.
  • AFSPA - The existence of controversial AFSPA is another reason behind the excesses.
  • AFSPA confers special powers to the armed personnel including unwarranted arrest and search in disturbed areas.
  • There are various reports and evidences making allegations of constant rights violations using AFSPA.

How is the legal response?

  • Cases - Charge sheets have been filed against the soldiers in Kashmir before as well.
  • A total of 50 cases have been received by the Union Government from the Government of Jammu and Kashmir.
  • This is for getting Prosecution Sanction against Armed Forces personnel under AFSPA, 1990.
  • The cases, going back to 2001, include rapes, murder, kidnap, and torture by the armed personnel.
  • Notably, no case had received sanction from the union government for prosecution.
  • In 47 of the cases, permission is “denied” and in another three of the cases, the earliest from 2006, permission is “pending”.
  • Army - The army claims to be delivering justice under its martial courts.
  • However, the opaque working of martial courts leaves scope for scepticism.
  • Court - The Supreme Court seems to be protective when it comes to soldiers in Kashmir.
  • However, its active response in prosecuting those involved in extra judicial killings in Manipur signals a change in response.
  • What makes for the double standards need to be inquired into.
  • The army meant for protecting the civilians should be cleansed of its criminal behaviour with fair justice system.

 

Source: Business Standard, Live Law

1 comments
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Vijay V 6 years

Regarding the attack on stone pelting mob in  Kashmir,  I think there is no one called as an innocent bystander. At the same time one must also question into why was there a child in middle of a stone pelting gang. Basically the CRPF personnel are trained to kill. So, they using pellet guns is not justifiable but at the same time not condemnable. Their primary duty is to eliminate the threat, therefore if one  imagines himself in middle of a mob covering up on all sides who are ready to kill, it is a natural muzzle memory to shoot for an CRPF personnel. All being said,  the other criminal activities that are alleged to be done by the security forces must sure undergo serious investigation. 

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