New Delhi, May 24, 2012 : The interlocutors' report on
Jammu and Kashmir has recommended review of the controversial
Armed Forces Special Powers Act (AFSPA) in the state and said
the Defence Ministry needs to consider how to respond
"positively" to the issue.
The 176-page report of the interlocutors--Dileep
Padgaonkar, Radha Kumar and M M Ansari--which was made public
today, also suggested decrease in the presence of security
forces from residential areas and vacation of properties used
by them to pave way for locals to carry out socio-economic
activities.
The report sought amendments in the Public Safety Act
(PSA) which gives sweeping powers to security forces to detain
people on grounds of propagating or attempting to create
feelings of enmity or hatred or disharmony in the state.
"The group's impression is that AFSPA is more the symbol
of a problem than its cause. But symbols are important for
peace processes, and thus the Ministry of Defence needs to
consider how to respond positively to this issue rather than
negatively...
"Security arrangements, especially in relation to the
Disturbed Areas Act (DA) designation, need to be reviewed and
a decision taken on AFSPA. The PSA should be amended," the
report recommended.
It suggested improvements in police-community relations
and "rationalisation of security installations through
reducing their spread to a few strategic locations and
creating mobile units for rapid response."
The report said human rights and rule of law
improvements, such as ending or limiting curfew, release of
youths and political detenus with minor charges, sparing use
of the PSA and/or its amendment, had not happened within the
time frame as hoped by it.
"Some political detenus were released in the first month
of our mission and more were recently released as an
Eid Confidence Building Measures (CBMs)," it said.
It found "fresh commitment to discipline" by the Army for
its various actions during the course of duty.
"While the state government and the Army have in the past
appeared to have been at cross purposes on the DA and AFSPA,
including troops redeployment, the Army's decision to
emphasise human rights and a healing touch have helped bridge
a gap.
"Prompt action after a youth was mistakenly killed in
Sopore in an Army cordon operation earlier this year indicated
fresh commitment to discipline. The statement by General
Officer Commanding (GOC), Kashmir that the Army will continue
to review troops' dispositions has also been a CBM," the
report said.
"In the same vein, the prompt action to investigate and
punish the guilty that was taken after the custodial death in
Sopore in July 2011 is an indication of the changing attitude
of the police. However, much remains to be done in terms of
police reforms," the interlocutors said.
The report suggested release of 'stone-pelters' and
political prisoners against whom there were no serious
charges, withdrawal of FIRs against those who were
first-timers or minor offenders and amnesty for militants who
renounced violence and their rehabilitation.
It said there should be rehabilitation of all victims of
violence and reduction of the intrusive presence of security
forces and constant review of the implementation of various
Acts meant to counter militancy as a CBM for credible dialogue
for resolution.
"Our attention was also drawn to the continuing arrest of
youth and the indiscriminate use of PSA against them. Though
most of them are speedily released, they have FIRs against
them. The Legislative Assembly could consider whether
amendments to restrict the use of the PSA are required," the
interlocutors said.
The report, which was handed over to Home Minister P
Chidambaram on October 12, last year, found that a large
number of industrial units, located within and outside the
industrial estates, as well as other public properties like
educational institutions, hospitals, stadia, which were
previously utilised to extend socio-economic benefits to the
people, were taken over by the security forces after the
eruption of militancy and continued to be occupied as such.
"Moreover, in a number of residential areas, the forces
continue to occupy prime land, which is required to
accommodate expanding urban population, including for
providing urban infrastructure.
"The presence of forces in residential areas is indeed a
major irritant among the local communities. It is urgent,
therefore, to get early vacation of such properties by the
security forces and armed forces to enable the people to enjoy
freedom of movement in business and residential areas and to
utilise the buildings for carrying out various socio-economic
activities," it added.
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