GenVKS should ensure - military and civil administration do not remain simultaneously in J&K and N-E. By Hem Raj Jain
10 Nov 2014
Sub:- (i)- How can GenVKS be unconcerned about Military’s bashing in media over AFSPA in J&K and N-E (ii)- If military / AFSPA is in J&K and N-E then why civil administration of elected governments are over there (iii)- If military deployed then AFSPA has to be there to protect them (iv)- Problem in J&K and N-E is that there is no genuine political party over there (v)- GenVKS may rely on Veterans if civilians do not come forward for his party / NGO in J&K and N-E (vi)-GenVKS should not forget that martial trait is not the monopoly of the persons with military background only.
The bashing of military going-on in Indian media over recent firing by military in Budgam (J&K) and continuing hunger-strike for years by Irom Sharmila for removing AFSPA from N-E should constrain former Army Chief General V.K. Singh (Minister in Union Government) to realize that there will be hundreds and hundreds of people in India who will be willing to become Ministers at Centre for taking care of other subjects of 'Union List' but India expect that GenVKS will be especially active in government to ensure that the interests of military are not compromised in any way. But unfortunately precisely this is what is happening. Therefore GenVKS should take this matter seriously and do the needful as given below:-
(1)- Retired senior military officers who appeared in media on Saturday rightly said that military is never happy doing civilian job and would be happy the most, if military deployment is removed from J&K and N-E. And further said that if military is deployed then AFSPA is needed because unlike Police the military is not protected under IPC / CrPC and if (in case of military deployment) AFSPA is not there then military will be harassed without any legal protection.
(2)- It is absurd that in J&K and N-E the military also remain (with AFSPA) while elected civilian governments also function. Military can easily be removed from J&K and N-E by providing more police (including central police) to State Governments. The Collector / District Magistrates (and other IAS) and Superintendent of Police (and other IPS) are already there as representatives of Union in States. The judiciary in States also function under overall watch of Supreme Court and High Court under Article 141, 144 and 227 of the Constitution. In a nutshell even if military is removed from J&K and N-E then also Union has full watch and control over entire law enforcement apparatus in these States.
(3)- One may ask if it was so simple then why was it not done earlier? First, there has never been an Ex - Army Chief in Union Government and secondly like rest of India, there has been no genuine political party in J&K and N-E. Unfortunately in India all the political parties are there to buttress their personal interests but they do not ensure (though it is their main purpose) that governments function as per diktats of law.
(4)- GenVKS should demand that Union Government should remove Military and AFSPA from J&K and N-E and simultaneously should try to develophis political party BJP (as presently GenVKS is in BJP) in the States of J&K and N-E by keeping in view that there are four elements of the polity amongst civil society (i)- People (ii) Members of party (iii)- Active members of Party and (iv)- Office bearers of Party [It is basically active members and office bearers of political Party who may have to even risk their lives for protecting 'Rule of Law']. If GenVKS considers it better then he can launch a NGO for this purpose.
(5)- If adequate number of civilians do not come forward to join his party / NGO for the purpose of helping State Governments in eliminating terrorism from J&K and N-E then GenVKS may rely mainly on military Veterans. Keeping such mobilization of military veterans inview, I was trying in 2013 that GenVKS leads such mission. As mentioned also at http://www.scoopnews.in/det.aspx?q=27453 and
(6)- Once a soldier is always a soldier. GenVKS owes it to Indian military that he will see to it that the civilian job of (removing terrorism from J&K and N-E) is done by civilians - whereas military along with AFSPA is removed from J&K and N-E, so that military may concentrate on its constitutionally mandated duty of protecting the martial interests of India (instead of getting debilitated by showing its ‘bravery’ by training guns and firing on the civilian citizens of India).
(7)- In case GenVKS or military Veterans think that terrorism from J&K, N-E and Naxalite affected areas cannot be removed this way then let GenVKS (now in government) ensure (by talking to PM if Modi is not afraid of competition from SS across India ) that organizational elections are carried out and accounts are maintained in political parties as mentioned at
and then GenVKS will have occasion to see that martial trait is not the monopoly of the persons with military (Army, Navy, Air-force) background only.