#971 | ![]() | 2000 | ![]() |
February 15, 2013 | ![]() | By Savithri Subramanian | ||
The Army plays a significant role in preserving the internal security environment of the country as some parts of the country are afflicted with terrorist/ insurgent violence. Terms like counter insurgency and counter terrorism (CI/CT) are used to describe operations undertaken by the Army. The Army is required to execute its operational tasks on a long-term basis, but within the everyday context of civil society in what may be politically termed as ‘disturbed’ and ‘extraordinary’ circumstances. However, the public may not be able to exactly gauge the security concerns in the place and may be varyingly viewed as ‘normal’ or ‘slightly disturbed’ by different sections of the civil society. This paper attempts to understand the peculiarities of an operating army unit in such a context and argues for a particular approach that may, in the long term, benefit the army’s smooth functioning and the morale of the soldiers deployed for such duties. The need for the paper emerges from the widely prevailing and often polarising debates on the role of the Armed Forces Special Powers Act (AFSPA). The Act often appears to the average and uninformed person as granting to the Army exceptional immunity for actions undertaken by it. These debates and research papers come to varying conclusions regarding AFSPA that include repealing the Act, laying further restrictive guidelines on its applications and increasing transparency during the trial of soldiers who misuse their powers. This paper does not aim to comment on whether AFSPA needs to continue, has lost its relevance or is flawed in its formulation. It looks at AFSPA and CI/CT activities as given factors in the medium term and focuses primarily on facilitating the functioning of the Army and acceptance of the Army’s presence by the civil society. AFSPA and Human Rights: These issues gain significance in a country like India because of its rich democratic tradition and a powerful Constitution that ensures a number of rights to its citizens. Further, it is a signatory to a number of International Human Rights Conventions that bind us to ensuring a range of rights and freedoms to every individual. To cite some relevant articles from the pioneering 1948 Universal Declaration of Human Rights -Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. -Article 3. Everyone has the right to life, liberty and security of person. -Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. -Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Incidences are at times reported from states where AFSPA is in force, which indicate misuse of the powers bestowed by the Act. Cases of sexual abuse and rape, forceful arrest and detention and even killing are reported at times and these are seriously looked into by the Army as also widely discussed in the media, political and bureaucratic institutions, human rights groups and other forums. While cases of soldiers misusing authority must be checked, it must be remembered that such instances are few and far between. However, like in most other cases of social life, it is the exceptions that grab a lot of public attention. Barring a few, all soldiers continue to perform their duties as they are expected to and in fact save life and property far beyond their call of duty. The presence of the Army bestows a great sense of normalcy to the general public in the area and helps them to undertake social and economic activities unhindered by the fear of insurgents or terrorists. If despite the challenging role it plays, there is a negative image of the Army in certain quarters when it operates under AFSPA, then something needs to be done to correct this. Communication between the Army and Civil Society: Whether it is the AFSPA or the army’s interventions in areas for prolonged periods, there are many challenging situations. Sensitisation and awareness building is the need of the hour. There are primarily two levels at which corrective action is required. Firstly, it is at the level of national mass media. These media are important in building opinion and can exert great pressure on institutions, whether positive or negative. Secondly, it is the local level at which the army is present and operational. It has been argued by many that the mass media which plays a significant role in opinion building in modern times, has also contributed to this negative image. This is because the media often ends up highlighting the few exceptional or shocking instances rather than the everyday toil and efforts of the soldiers. In the rapidly changing society where the mass media holds a great sway, it may be quite useful to also draw public attention to the contributions the Army makes through the same media. It is important also to communicate more effectively with the people living in the area where AFSPA is enforced. Decades of experience in the socio-economic development sector and implementation of programmes by the government has highlighted the need for regular and effective communication with the local population. For this purpose, the local language mass media, other reading materials, public displays, banners, theatre have all been put to good use. Attractive and even an interactive medium to communicate these messages often help to disseminate ideas among the public. Thus, awareness and understanding on a wide range of issues can be built even among illiterate populations. In many countries and contexts, such communication has become the cornerstone of positive development and progress[1]. There are many misgivings amongst senior army personnel and other decision makers to this approach. Communication on the activities of the Army, it is said, would seriously compromise security. But these misgivings can be addressed and communication need not reveal sensitive facts about the security measures taken by the army. It may also be useful to mention at this point that extremely sensitive issues have been successfully communicated in socio-economic development work. These include various aspects of family planning, gender based violence, HIV/AIDS and communal harmony and unity. Some of the key questions that this communication with the public in the area needs to address are: -What necessitates the presence of the Army in the area? -How their presence will enhance the security of the general public? -What is AFSPA and how does it help the Army perform its duty effectively for the people? -The sincerity of the Army in dealing with any case of misdeed by a soldier under the protection of the AFSPA. These would help in paving the way for a better understanding and acceptance of the Army’s presence by the public in the area. Better acceptance by the people will boost the morale of the Army and improve its performance. On the other hand, a greater awareness among the people regarding the provisions of the AFSPA will also act as a check on the odd soldier misusing his powers. Awareness on these matters will make the people, and especially the women in the area more empowered to handle the presence of the Army in the everyday context. There have been some strong and positive initiatives taken by the Army in areas where it is battling insurgency. These initiatives contribute to building the trust and confidence of the local population through interventions for socio-economic development. While this paper does not look at such initiatives in detail, some studies suggest that better communication is required even in implementing these initiatives. For instance, ‘Operation Sadbhavana’ in about 200 villages along the Ladakh-POK border is a prominent and successful initiative. Yet, little is known about it among the general public. Conclusion: The prolonged presence of the Army has become a reality in some parts of the country. Yet, this may not be perceived as normal by the people living there. As argued earlier, the discomfort is further heightened when there is any misuse of powers under protection of AFSPA. Misuse cannot be pardoned in a country so committed to the human rights of its citizens. Greater awareness and understanding among the people and civil society institutions only can bring better acceptance of the Army’s presence by the people. Communication is the key to generate awareness and understanding. This would in the long run also create a more enabling environment for the Army to operate and accomplish its goal.
References: The Armed Forces (Special Powers) Act, 1958(28 of 1958)[11th September, 1958] http://army.nic.in Indian Army, Section on operation Sadbhavana, http://army.nic.in United Nations, The Universal Declaration of Human Rights, 1948. http://www.un.org/en/ United Nations, UNIFEM, Making a difference: Strategic communications to end violence against women. (New York: United Nations, 2003). United Nations, UNICEF, Strategic communication: For behavior and social change in south Asia. (Nepal: United Nations, 2005). Bearing witness: A report on the impact of conflict on women in Nagaland and Assam. (New Delhi: C-nes and Hienrich Boll Stiftung, 2011).
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Savithri Subramanian |