Disturbed Area Act?

Notwithstanding the tall claims of restoration of normality by New Delhi and the state government, the state continues to be a disturbed area for all practical purposes. The Disturbed Area Act was enacted in 1990 by the then governor. The draconian legislation gave powers to a police officer to kill any person on mere suspicion. It further empowers the police to pull down any house if they believe that the house has been used or is being used as a shelter by the militants.  The President of India on July 17, 1992 re-enacted the Act after repealing the Act enacted by the governor.  This Act lapsed in 1996. However, the National Conference government enacted a new Act in 1997 declaring whole of the state a disturbed area. The Act remained in force for one year. In 1998 the National Conference government allowed the Act to lapse. According to the state government, the state is no longer a disturbed area. But the babus in Delhi have a different story to tell. According to them, an area where Armed Forces Special Powers Act (AFSPA) is applicable automatically becomes a disturbed area. This means the state of Jammu Kashmir is a disturbed area and people will continue to get killed until JKAFSPA is repealed. This does not fit anywhere in New Delhi’s current Kashmir policy.  New Delhi looks at Kashmir as a post conflict zone. Some quarters have even talked about post conflict reconstruction.  The state government cannot afford to differ.  According to official figures, there are not more than 700 active militants in the whole of the state.  Both the governments believe that the armed forces have been doing a commendable job and the state is fast returning to normality. They even expected a massive turn out in the forthcoming elections. They have been connecting opening of liquor shops and cinema halls to return of `good old’ days. Notwithstanding the massive response that the recent Intifada evoked, the pro-Indian parties believe that the people shall come back on` track’ in time to make forthcoming elections a big success. Wishful thinking indeed.  If this argument is accepted for the time being, the government must take appropriate steps to substantiate its claims. If Jammu Kashmir is fast returning to normality, what is the need of AFSPA or the DBA? The government must repeal these draconian legislations immediately.  If these Acts remain in operation, it will be an admission on the part of the government that situation in Jammu Kashmir is not as rosy as projected by New Delhi and other quarters. The reluctance of New Delhi to repeal the JKAFSPA speaks volumes about the security scenario in Jammu Kashmir. By repealing the JKAFSPA New Delhi can improve its image at the international level which has been tarnished over the past two decades by extending these draconian legislations to the conflict torn state. The government has also failed on another front. The state is supposed to pay disturbed area allowance to its employees. Till date this allowance has not been paid. Not to speak of paying the allowance, the state even suspended operation of  SRO 43 which provides ex-gratia and compassionate employment to the kin of the person killed by the armed forces. One fails to understand as to why the trade unions have not demanded this allowance till date. The government, therefore, has to act fast. Either repeal the legislations or fulfil the requirements.