Remember the video that went viral in April this year, of a youth tied to a army pilot vehicle? He was being driven around by security forces during counter-insurgency operations at Budgaum in Jammu & Kashmir? (Here is the link:
the video of a youth tied to a pilot vehicle). The Ministry of Home Affairs (MHA) has rejected information about the incident under Right to Information (RTI) Act.
After this video went viral, opinion was divided over the legitimacy of security forces using a civilian as a 'human shield'. Those supportive of this action argued that it saved the lives of election officials on duty and security forces faced a huge stone-pelting mobs, since July, 2016; others roundly condemned the action another instance of highhanded action by the armed forces.
In May 2013, P Kumar, AIADMK MP from Trichy constituency in Tamil Nadu asked (Unstarred Question #6497 presented in the 15th Lok Sabha on 07/05/2013 ) whether complaints of villagers in border areas about being used as `human shields' by naxals is true. The then Ministry of Home Affairs had clearly stated that there is a Standard Operating Procedure (SOP) in place which is in the draft status.
Stumbling upon this Parliamentary query and reply a few days after the video went viral this April and shocked people, Venkatesh Nayak, RTI scholar, activist and coordinator of Commonwealth Human Rights Initiative (CHRI) filed a RTI application with the Ministry of Home Affairs (MHA) and sought the following information:
- A clear photocopy of the instructions issued to all State Governments/CAPFs to adhere to the highest standards of human rights during anti-LWE operations, mentioned in the last para of the reply to paras #(c) and (d) of the said Unstarred Question;
- A clear photocopy of the Standard Operating Procedure (SOP) on ‘Maoists using villagers as human shields’ circulated to the Governments of LWE affected States and the CAPFs for consideration and comments;
- A clear photocopy of all comments received till date in relation to the SOP mentioned in para #(b) of this RTI application;
- A clear photocopy of the latest version of the SOP relating to the use of civilians as human shields issued by the Central Government, if any; and
- A clear photocopy of the latest version of the SOP relating to the use of civilians as human shields by militant groups issued by the Central Government in the States of Arunachal Pradesh, Manipur, Nagaland, Meghalaya and Jammu and Kashmir."
The Central Public Information Officer (CPIO) of the MHA did not reply, two months after which Nayak filed First Appeal with the First Appellate Authority (FAA). He was denied information stating that, "I have examined your first appeal and found that the information/documents, sought in your RTI application dated 19 April 2017, are secret in nature and disclosure of such documents would prejudicially affect the security and strategic interests of the State.
Therefore the desired information/documents cannot be provided as per Section 8(1)(a) of the RTI Act, 2005."
Nayak says he is filing second appeal with the Information commission saying this information is of larger public interest because, "If SOPs regarding the use of 'human shields' are placed in the public domain, victims will be able to demand accountability from the State when the SOPs are transgressed. Transparency will also facilitate a fuller- debate on the use of 'human shields' by any agency, be it State forces or non-State actors. It can be a big confidence building measure in areas like J&K.''
SOPs related to States affected by left-wing militancy are in order, as per the reply by the Union Minister to the question in Lok Sabha in 2013. It states: "The Central Armed Police Forces (CAPFs) have sensitised their field formations to take utmost care to avoid casualties/injuries and any form of harassment of locals while undertaking anti-naxal operations even when they are used as human shields by the Maoists.... The Government of India has issued instructions to all State Governments/CAPFs to adhere to the highest standards of human rights during anti-LWE operations and to strictly deal with aberrations..."
As per an RTI reply to Nayak in 2012, the MHA had admitted that no such SOP had been issued for J&K. However the Amy had issued instructions as follows:
1. Remember that the people you are dealing with, are your own countrymen. All your conduct must be dictated by this one significant consideration.
2. Operations must be people friendly, using minimum force and avoiding collateral damage – restraint must be the key.
3. Be compassionate, help the people and win their hearts. Employ all resources under your command to improve their living conditions."
Says Nayak, “The Army's 'Do's and Dont's' as well as the COAS's Ten Commandments are described as "binding instructions" and any disregard of these instructions would entail suitable action under Army Act, 1950. Do these commandments apply to J&K? That is the billion rupee question.’’
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Vinita Deshmukh is consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting, which she won twice in 1998 and 2005, and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book, “To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte”, with Vinita Kamte, and is the author of “The Mighty Fall”.)
Sadly, the continued presence of the military in J&K and the primacy of AFSPA over civilian laws makes me wonder if J&K is that much better off with India.
Such a shame that ALL the govts at the center have ignored and subverted the desires of the people of J&K to determine their own destiny.
There was a time when India seemed more open to the aspirations of the Kashmiris. Now India and Pakistan are equally culpable in suppressing their identity.