By this time, anybody who has any interest in the Armed Forces (Special Powers) Act 1958 should be having a copy of the
Report of the Justice Jeevan Reddy Committee which was set up to study the Act.
Even though the Govt has not officially released the Report or comment on it, the same has been available at The Hindu website. I gather from news reports too that the Report, which runs to 147 pages, is being sold at various bookshops in Manipur.
So, we know, that the Committee has indeed recommended the total repeal of the atrocious Act, saying that it ‘has become a symbol of oppression, an object of hate and an instrument of discrimination and high handedness.’
The report is invaluable in other aspects too. We came to know the actual standpoints taken by various society organizations in the northeast, the State Govts and the military regarding the Act.
No one and no organization, including the military, as far as I can gather, disputes the fact that the Act is indeed draconian and repressive for any democratic country. However, none of them are about to change their set opinions regarding its desirability or necessity.
Hence, out of the four State governments in the northeast which conveyed their views to the Committee, two (Mizoram and Meghalaya–which are relatively peaceful) favoured the Act’s repeal while Assam and Arunachal Pradesh argued for its retention.
Manipur, Nagaland and Tripura which are the most affected by the Act did not convey their position. The military viz Army, Assam Rifles, BSF and CRPF are predictably in strong favour of the Act.
Ranged against them are an overwhelming majority of citizen groups and individuals (54 individuals, 51 organizations and 5 political parties submitted their views to the Committee) who are for the repeal of the Act.
While, as said above, no one disputes that the Act is repressive, no one is also under any illusion about the prevailing law and order situation in the region. It is accepted that the militant and insurgent groups are strong and growing stronger.
The point made by most civil society groups is that the Act which has been in operation for the last 48 years has totally failed to tackle the situation and that a new approach to the problem is necessary.
There are reasons to believe that the Act itself, and its many misuses, are fuelling the insurgency movement, instead of defeating it. The security forces, on the other hand, use the deteriorating situation to justify the continuance and perpetuation of the Act!!
Reactions to the Committee’s recommendations have also been mixed. The Army, of course, is unhappy. The Govt would not tell us what it will do about it.
And while, most civil and human rights organizations cautiously welcomed the recommendations, some of them expressed reservations on various aspects of the report.
One major area of contention is the Committee’s recommendation that while the Act should go, the Army (or any other central forces) should stay, which it said is ‘the overwhelming desire of the overwhelming majority of the region’.
Since that will require a legal mechanism to be put in place, the Committee had further recommended the insertion of appropriate provisions in the Unlawful Activities (Prevention) Act, which is applicable throughout India. I heard many knowledgeable people speaking out against this idea.
It is beyond my knowledge to go into the merit or demerit of this particular recommendation, but what is singularly interesting is that many ordinary people indeed want the Army to stay. It betrays the complexity of the situation. But the feeling is real.
I can say, for a fact, that an overwhelming majority of people in Churachandpur district of Manipur (where I came from) want the Army to stay. Many of them would rather have the Act instead of the Army withdrawal.
Why? I believe I know the answer.
The reason, simply, for Churachandpur district is that the people there perceive a parallel threat which, to them, is far more dangerous than whatever the Army represents.
In fact, the Army was sent in, in the first place, subsequent to numerous appeals for their deployment by civil bodies.
To take the most obvious examples again, think back about the landmines which inflicted terror in the hill areas; or the flood of refugees that cross over to Mizoram early this year; or the mass rape issue which is still hanging fire.
Right after the valley-based militants make inroads into the district subsequent to Sajik Tampak operations in 2000, the tribals have been at the receiving end from them. Throughout all these, the entire Manipur valley is in denial.
And, yes, there is general fatigue and weariness about armed conflicts throughout the region. This issue has been dealt with quite a few times in these columns and there is no need to elaborate any further.
It is futile to try to explain the paradox to an outsider. But, we do know and we are not surprised.
It is just that some of us find it inconvenient to say so in public.
* Thangkhanlal Ngaihte wrote this article for The Sangai Express . This article was webcasted on 04th December 2006.
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