The Indian government fears enacting Justice Verma's recommendations to amend the Armed Forces Special Powers Act (AFSPA) for three reasons: 1) It could lead to international outrage and embarrassment over human rights abuses by the army being exposed; 2) It does not want more clashes with the army after a recent dispute; 3) Revising the controversial AFSPA could allow the opposition BJP to accuse the government of being soft on terror.

1. Three Reasons Why The
Government Is Afraid Of Justice
Verma’s Recommendations?
By Anshul Verma

2. The change that begun
• After the bone-chilling incident of 16th of December, the
Government of India was forced to set up a three member
judicial committee to re-look into the rape laws of the
country.
• Amidst high profile action and expectations, the three
member panel submitted its mammoth report on January
23rd in which a slew of measures were suggested to
safeguard women and to help in achieving gender justice.
• Some of the recommendations included making rape a
gender specific crime, reviewing the Armed Forces Special
Powers Act and stricter punishments in cases of eve teasing.

3. The Justice Verma Committee
• On the 1st of February, the Union Cabinet introduced an
ordinance to combat sexual violence which incorporated a
number of recommendations put forth by the Justice J.S.
Verma Committee but it categorically rejected the more
controversial findings of the committee which included the
one pertaining to reviewing the Armed Forces Special Powers
Act (AFSPA).

4. Special amendments
• The Armed Forces Special Powers Act, 1958 is described by
human rights activists as one of the most draconian laws
prevalent in India.
• Under this Act, the army personnel are granted special legal
immunity while operating in insurgency hit areas and have
powers like that of forceful detention.
• Many crimes carried out by Indian army men go unreported
because of the legal protection which they enjoy under the
AFSPA. The
• Justice J.S. Verma Committee had sought for special
amendments in the Act to empower the judiciary to
prosecute army personnel accused in cases of sexual violence
in areas covered by the AFSPA.

5. 3 Reasons Why
• There are three principal reasons why the Government of
India is scared of enacting this measure.
• Firstly, the Indian Government is wary of the international
outrage which the revoking of AFSPA could lead to.
• The Indian Army is accused of carrying out extreme human
rights abuses in the valley of Kashmir where over 80,000
people have gone missing.
• In case the AFSPA is revoked, many of the gruesome
incidents of human rights abuses and sexual violence would
come to fore and the Indian Government would have to face
major embarrassment and international condemnation for
having shielded the culprits in military uniform for so long.

6. • Secondly, after having barely managed to score an edge over
General V.K. Singh in the now infamous ‘age row’, the Govt. is
in no mood to again run into a clash with the armed forces.
• The Chief Minister of Jammu & Kashmir, Omar Abdullah, had
thought of revoking the AFSPA from certain areas in Kashmir
some time back but this idea was stonewalled by the Indian
Army.
• Keeping in mind that it can no longer afford to upset its
relations with the army, the Government would not take a
step as big as revocation of AFSPA, an Act which is
vehemently supported by Indian army officers as they
consider it to be necessary while carrying out their operations
against secessionists and insurgents.

7. • Lastly and most importantly, the gaffe committed by Sushil
Kumar Shinde by issuing a politically incorrect statement
on ‘Hindu Terror’ has forced the Government into a defensive
line of action.
• In order to neutralize the damage caused by Shinde’s
comments, the Government of India ensured the execution
of Afzal Guru whose clemency plea was an exceptionally
controversial one.
• The UPA Government knows that its chances of coming back
to power in 2014 are very less as corruption scandals and
massive public protests have dented its reputation beyond
repair.

8. Action and reactions
• In case the UPA Government revokes the AFSPA at this
stage, the Opposition led BJP would accuse it of being soft on
terror.
• The BJP has made use of this strategy effectively in the past
by hitting out at the Congress for revoking the POTA
(Prevention Of Terrorism Act).
• They might try to consolidate the votes of some jingoists by
trying to show the softening of Government’s stand on the
AFSPA as a classic example of vote-bank politics.
• In order to keep the Opposition at bay and to ensure that it is
not seen as being soft on terror, the Government would dare
not disturb the conundrum surrounding the AFSPA.

9. • Read more on Youth Ki Awaaz at http://bit.ly/YUVlgd

10. • Read more on Youth Ki Awaaz at http://bit.ly/YUVlgd