Kashmir Reader: Srinagar: Thursday, August 24, 2017.
Almost four
months after the Human shield controversy sprouted in Kashmir, the Minister of
Home Affairs has stonewalled information under Right to Information Act about
the Standard Operating Procedures (SOPs) governing such situations.
The Ministry
has refused to disclose the information about the Standard Operating Procedure
(SOPs) employed by forces in conflict areas where militant groups are active
following the complaints of ‘human shields’ came to fore.
The ministry
has turned-down the RTI query on the ground that information is secret invoking
security and strategic interests of the State as grounds.
“The Central
Public Information Officer for MHA did not bother to send any reply even after
two months. Later, when I filed the first appeal with First Appellate Authority
of the Ministry, it was rejected invoking security and strategic interests of
the State as grounds,” said Venkatesh Nayak, a human right activist
representing Commonwealth Human Rights Initiative (CHRI).
He said the
ministry told him that it had found that the information/documents, sought in
the RTI application are ‘secret in nature and disclosure of such documents
would prejudicially affect the security and strategic interests of the State’.
The ministry
has taken the plea that information about Human shield issue is exempted under
Section 8 (1) (a) of the RTI Act.
“The desired
information/documents cannot be provided as per Section 8(1) (a) of the RTI
Act, 2005,” reads a reply by First Appellate Authority (FAA).
The Section 8
of the Act lists out exemptions from disclosure of information.
Activist
Nayak had sought information under RTI Act regarding Standard Operation
Procedures (SOPs) governing the forces under specific circumstances in which
they use civilians as ‘Human shields’ against militants or protesters.
The
application has cited the controversy triggered by the video of a youth tied to
an Army vehicle in Budgam in April.
He claimed
that government has a policy on the issue of ‘human shields’ in
militancy-affected areas.
“Almost four
years before the Budgam incident occurred, an MP had raised a query about the
alleged ‘use of civilians as shields’ by left-wing militant groups in other
parts of India. The then Union Minister of State for Home Affairs revealed the
existence of a draft SOP on ‘Maoists using villagers as human shields’,” Nayak
said.
“The Central
Armed Police Forces (CAPFs) have sensitized their field formations to take
utmost care to avoid casualties/injuries and any form of harassment of locals
while undertaking anti-Naxal operations even when they have been used as human
shields by the Maoists…. The Government of India has issued instructions to all
State Governments/CAPFs to adhere to the highest standards of human rights
during anti-LWE operations and to strictly deal with aberrations…” the
Activists said quoting the government reply to 2013 question by a legislator.
According to
CHRI activist, the policy clearly applies to States affected by left-wing
militancy.
“It is not
clear whether similar instructions and the related SOPs apply to security
people deployed in J&K as well. If the Government’s policy is to adhere to
the strictest standards of human rights despite any provocation and avoid any
form of harassment of locals even when they have been used as ‘human shields’
in other States, how can the use of a civilian in J&K as a ‘human shield’
by security forces themselves be reconciled with this policy?” he added.
“Is this
policy of strict adherence to human rights standards by security forces not
applicable to J&K due to its special constitutional status (under Article
370)? Or has the National Democratic Alliance changed Government policy
vis-à-vis ‘human shields’ instituted under the previous United Progressive
Alliance regime?” he asked.
Nayak argues
if SOPs about the use of ‘human shields’ are placed in the public domain,
victims will be able to demand accountability from the State when the SOPs are
transgressed.
“Transparency
will also help a fuller debate on the use of ‘human shields’ by any agency, be
it State forces or non-State actors. It can act as a big confidence building
measure in areas like J&K,” he said.
“I will
submit a second appeal to the Central Information Commission, shortly, as MHA
is not in a mood to reveal information.” Nayak added.
.JPG)
.JPG)
