Complexity of Manipur violence: Relevance of AFSPA

Imphal: Armed Forces Special Powers Act (AFSPA) and Manipur: The state of Manipur was first given a ‘disturbed area’ status in 1980. The primary role of the Army in Manipur is to engage in counter-insurgency operations. The state shares a border with the Republic of Myanmar, from where several terrorist outfits operate.

In 2022, the Union Government partially withdrew the Armed Forces Special Powers Act (AFSPA),1958 from parts of three Northeast states— Assam, Nagaland, and Manipur owing to improved security situation.

Currently, AFSPA remains in force in parts of these three states (as well as in parts of Arunachal Pradesh and Jammu & Kashmir). AFSPA is now applicable fully only in 31 districts of four Northeast states and partially in 12 districts. The disturbed area status in the state of Manipur has been partially removed in 2022 from 19 police stations in six districts all of which are in the Imphal Valley. The Act remains in force in the hills districts.

Recent developments: The contentious March 27 order of the Manipur High Court became the starting point for the ethnic violence that has riven the State for nearly two months now. The Meitei Tribes Union (MTU) was the first to approach the High Court and secure an order directing the State to recommend the Meiteis’ inclusion in the ST list. The trigger for the violence that erupted on May 3 was the protest the All Tribals Student Union Manipur (ATSU) called against this HC order setting a deadline of mid-May. Violent incidents have occurred in the State since May 3 and relations between Meiteis and Kukis currently remain tense.

The Meitei community, which accounts for over 50% of the state's 3.5 million residents, has demanded that it be recognized as a "scheduled tribe." The constitutionally defined status is a form of affirmative action intended to combat historical structural inequality and discrimination. India reserves some government jobs, college places, and elected seats for those categorized as "scheduled tribes", which essentially mean access to economic benefits and quotas in government jobs and educational institutions.

While the Meitei — a largely Hindu community — want the status, others like the predominantly Christian Naga and the Kuki tribes, accounting for about 40% of the state’s population and currently enjoying the scheduled tribe status, giving them land-owning rights in the hills and forests that cover around 75% of Manipur, have opposed this classification. The Naga and the Kuki tribes believe the Meiteis are already the dominant community in the state and argue that granting the Meitei more privileges would be unfair. The Meitei community has traditionally lived in the state capital Imphal and other urban areas, where they have had better access to educational and economic opportunities. The Nagas and Kukis, on the other hand, mostly live in the poorly developed hills.

Prevailing situation: The unified command of more than 40,000 Army and Central Armed Police Force personnel deployed to control the situation headed by a retired CRPF DG, announced by HM during his visit to the State from May 29 to June 1 is understood to be facing teething issues. The Manipur High Court on June 19 admitted a review petition to modify its contentious order of March 27 which had directed the State Government to recommend the Meitei/Meetei community on the Schedule Tribe List, since it is contented that inclusion or exclusion of any community is the prerogative of the Parliament and the President.

Gunfights were reported between the security forces and unidentified attackers in the Imphal East and Kangpokpi districts. Large groups of women prevented the movement of additional security columns into these areas. As a counter-strategy, it is reported that the Army blocked roads at some distance to confine the mob and prevent miscreants from fleeing the area.

Army was also using Unmanned Aerial Vehicles (UAVs)/Drones to monitor the movements of the mob. To control the ethnic violence between Meitei and the Kuki communities, buffer zones have been created between the valley where Meitei live and the hills where Kuki live, to stop any kind of clash or arson. A special investigation team of the CBI team has been entrusted with cases of violence that have recently taken place.

Issues to be addressed for bringing back normalcy: Several issues dovetailed to foment violence today. There are perceived and known biases in the State administration and security forces. "There are other reasons, too, such as the government's clampdown on reserved and protected forests in the state's hill areas, and also the Kukis' feeling of being persecuted ".

"There are also problems with the state structure, and friction between ethnic groups just added to the mix." Deforestation and poppy cultivation, narco-terrorism and involvement of the political class, and immigration of armed PDF cadres from Myanmar are some such issues. Add to that the nexus between militants and politicians, the arms supply, and Chinese hands from across the border. After all, why should communities fight for no reason?

Way forward: There are difficulties in maintaining law and order as the local police were deeply divided on ethnic lines and they were seeking the help of the Central forces. With all the systems of governance and mechanisms for justice in the state being compromised, the Indian Army and central security forces are the only safety net.

At the all-party meeting convened by the Union Home Minister on June 24, a detailed discussion of the situation took place. Last week a delegation of MPs from several opposite parties visited Manipur, which followed expectedly indicting the Goverments at the Center and the State. However, as is not unusual when such discussions are held and visits take place, mutual mistrust between the Government and opposition preempts any commonly agreed formula to move forward.

It is in everyone’s mind that imposition of President’s rule is the last option as then political processes would have to take a back seat, as would civil administration, a situation that would push back normalcy as well. For normalcy to be brought back, militants on both sides, organized and unorganized, have to be disarmed for a conducive atmosphere for dialogue. In this context, it needs to be understood that AFSPA is an enabling Act and should not be blindly ruled out. It is important to remain on guard till peace stabilizes.

As violence continues unabated, the pattern being that after every few days of a cooling period violence erupts from either side leading towards a large-scale ethnic conflict, the Manipur Government on June 22 declared that the whole State has been affected by riots and violence, impacting the economic activities and livelihood of the public.

Failure of the administration and the local police, with the scale of unrest or instability in the state being too large for local forces to handle, has already necessitated the requisitioning of military and para-military forces to deal with the situation. If the Army has to conduct an operation where AFSPA is not there, the civil staff such as the Executive Magistrates have to be requisitioned, which leads to loss of precious time. In a civilian setting, soldiers have no legal tender. Neither the soldiers nor their superiors have any training in civilian law or policing procedures. This is where and why the AFSPA comes to bear - to legitimize the presence and acts of armed forces in emergencies that have been deemed warlike.

The Armed Forces Special Powers Act grants the military wide powers of arrest, the right to shoot kill, and to occupy or destroy property in counter-insurgency operations. Troops need such powers because the army is only deployed when national security is at serious risk from armed combatants. Such circumstances call for extraordinary measures. AFSPA only requires that competent authority thinks that whole or parts of the area are in a dangerous or disturbed condition such that the use of the Armed Forces in aid of civil powers is necessary.

Tailpiece: Manipur has seen violence for too long. Meteis vs. Nagas, Nagas vs. Kukis, Insurgents vs. Security Forces. The recent clashes between Kukis and Meiteis have left over 160 people dead, over 3000 injured, many houses burnt and more than 50,000 displaced. Everyone has played a role in Manipur’s cycle of violence, so instead of getting into the blame game, the question that all should focus is on how to restore normalcy as soon as possible. The Manipur violence has turned out to be far more complex than ordinarily perceived. It seems the divide is sharp and normalcy far away. Given this scenario, notwithstanding that the President’s rule is the last option, covering the entire state under AFSPA for a defined period may still be a viable option.

About the Author

Wg Cdr TJ Reddy, VSM (Retd)---Wing Commander in the IAF, was a Category ‘A’ Fighter Controller who actively participated in 1965 and 1971 wars. He was awarded the Vishisht Seva Medal by the President of India. He is an alumnus of Defence Services Staff College, Wellington Currently President of Air Force Association (AP &Telangana) and also President of Air Force Officers’ Co-op Housing Society Ltd, Vayupuri.

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