The law 038; its order

The outcry against the Armed Forces Special Powers Act AFSPA seems to be completely ignoring the central problem: it is not that such an act is on the statute book and is applicable in Manipur. The real problem, which all of us should be deeply concerned with and ought to have been paying attention to, is whether the powers it confers are applied correctly, both in letter and in spirit. Any law could become 8220;draconian8221; when its application is arbitrary, the actions of those responsible for enforcement act go far beyond their mandate, and/or the system of criminal justice becomes flawed if not totally redundant. What we need to serious reflect on is how to reverse the processes that have brought Manipur to the edge of implosion.

Chief Minister Ibobi8217;s ill-advised move to lift the Armed Forces Special Powers Act from parts of Imphal is more likely to be counter-productive than helpful in defusing the volatile situation since the death in custody of Manorama Devi on July 11. Such half-measures and ad-hoc approaches to administering the state have been at the root of Manipur8217;s problems. Measures that are obviously seen as appeasement without any known or credible assurance that the militants would reverse their actions can only aggravate the problems that have brought the state and its people to this current crisis.

Over the decades, and particularly during the past four years, the state has become a haven for heroin smugglers, which in turn has increased corruption and crime, weakened the administration and law enforcement. Alienation of the people, especially the youth, received no attention and increasing numbers have turned to militancy which itself is now a profitable profession allied to narcotics, extortion and parallel governance. Special laws are needed if we are to reverse the process. But they must be applied with sensitivity and fairness. And where excess takes place, the law must ensure justice. Given the situation that we face, transparency and quick justice for violation of special laws are as important as keeping the laws in force.