By Mudassir Kuloo

Srinagar, Mar 18: The demand for revoking the Armed Forces Special Powers Act (AFSPA) from north eastern states and Jammu and Kashmir has grower louder, with politicians and political experts calling several provisions in the Act “offensive”.

Over 25 years have passed to the introduction of AFSPA in J&K.

The law remains a bone of contention in J&K and in several north eastern states.

Congress M P, Shashi Tharoor on Saturday voiced support for amending the AFSPA, which according to him was causing “more harm than good”.

Describing the language of the provisions in AFSPA as “offensive” to the sensibilities of any democrat, he said, “I think a significant section of the political establishment, certainly speaking for my party, would be in favour of amending (the) AFSPA.”

“The provision for arrest without warrant is far too blanket. But, the revocation of the Act may be a step that would be politically difficult,” he said.

Senior Hurriyat leader, Mirwaiz Umar Farooq has sought the United Nations’ (UN) intervention on the AFSPA, urging the world body to influence New Delhi to abolish it.

“It is long overdue that the UN takes cognisance of the grave situation prevailing in the Valley, especially the daily killings,” he said recently.

AFSPA grants government forces executive powers to search and arrest without a warrant, to open fire on a mere suspect Action cannot be prosecuted in civilian courts unless the Centre allows it.

Opposition National Conference General Secretary Ali Mohammad Sagar said that his party has always demanded revocation of the AFSPA.

“It shall be revoked as soon as possible as it is being misused,” he said.

Ruling party PDP’s Chief Spokesperson, Rafi Ahmad Mir, said his party wanted removal of the AFSPA.

“Earlier, we thought it could be withdrawn partially. We stand with the recent statement of CM that it should be removed from the state once the situation becomes conducive,” Mir said.

Political expert, Prof Gul Mohammad Wani said that people of JK were united in seeking revocation of the AFSPA.

“This draconian and harsh law has to go where army man can kill anyone on mere suspicion and search any one. There are provisions in it, which are harsh and need to be diluted,” Wani said.

He said there were several provisions in the AFSPA, which, as per international human rights standards, were “offence”.

“The interlocutor reports also recommended it removal or be diluted,” he said.

Indian defence experts have mixed opinion about its removal.

Editor of the Force Newsmagazine, Pravin Sawhney said the UPA government announced its removal in a few areas.

“But the question is whether the army will accept it or not. Army will not accept any government’s decisions that go against the wishes of the army,” Sawhney told The Kashmir Monitor over phone.

Asked whether there are several provisions in it “offensive”, he replied, “Any provision is a tooled weapon. Security forces see it in one perspective and call it their protection while the affected people think it other way and believe it is offensive. I believe that army should be withdrawn from civilian areas and posted along the LoC.”

Defence expert Ajai Sahni said that that Congress led government while being in power for 50-years never called AFSPA as offensive.

“Today its leaders believe its provisions are offensive when they are out of power,” Sahni said, who is the Executive Director of the Institute for Conflict Management.

He said, “Supreme Court reviewed the AFSPA and did not found provisions in AFSPA offensive. This law does not give any protection to army if they indulge in human rights violations.”

He said there was disagreement only on the clause 6 of the act, which says that states where the AFSPA is in place have to get approval from the centre to prosecute army man if found involved in any offence.

“This is applicable for all centre government employees. The states have to get approval from their parent department to prosecute for any offence. This law is not being used. Army can’t operate in any disturbed area with the protection,” he added.