By TCN News
New Delhi: Various organizations have welcomed the recent judgment delivered by the Supreme Court of India in which it has struck down as ‘unconstitutional’ the practice of arming local tribal youth of Chattisgarh as Special Police Officers (SPOs) in order to fight the Maoists.
In separate statements Association for India’s Development (AID) and Jammu and Kashmir Coalition of Civil Society (JKCCS) welcomed the Supreme Court decision on the PIL filed by social anthropologist Nandini Sundar and others against the Chhattisgarh Government, declaring the appointment and arming of civilians as special police officers (SPO) as illegal and unconstitutional.
It has asked the Chattisgarh state government to:
•immediately stop using SPOs,
•recall all firearms distributed to them,
•desist from funding the recruitment of any other vigilante groups,
•ensure the filing of FIRs into criminal activities committed by them, and
•offer protection to those who need
AID in its statement termed the judgment “as an affirmation of our stand and a decisive step in the direction of peace and justice.” AID points out that the Supreme Court has pointed to the deprivation of the adivasis and the expropriation of natural resources for the benefit of a few, to be the root causes of insurgency in areas like Dantewada. The judgement also reprimands the state for taking a militarized approach to the problem and for its victimization of defenders of human rights.
AID thanked social workers like Himanshu Kumar, Binayak Sen, Kopa Kunjam, Sukhnath Oyame who have exposed the brutalization of society3 through the state’s support of Salwa Judum and SPOs since 2005, at the cost of their personal freedom. Violence has displaced 300,000 people from 644 villages4 in these areas, who continue to live a life of destitution. AID supports the relief and rehabilitation of Koya refugees in Khammam, Andhra Pradesh.
JKCCS called the judgment “a clear guidance, binding all the states in India for not using the unconstitutional methods for dealing with political or armed dissent.”
Chief Minister, Mr. Omar Abdullah while responding to the Supreme Court judgment on Special Police Officers (SPOs) in Naxal-hit areas said that the judgment is not applicable to Jammu and Kashmir as the SPOs in the state were part of the regular police force.
JKCCS argued that genesis of SPOs lay in Kashmir. “The judgment is more relevant to the Jammu and Kashmir state where the idea of privatization of human rights violations was conceptualized and crystallized. In early 90’s the government used the services of known human rights violators or people with the history of violence. Massive human rights abuses have taken place at the hands of counter insurgent groups like Ikhwan ul Muslimoon, Muslim Mujahideen, and the Village Defence Committees who were later integrated or accommodated in regular forces like Territorial Army and the Special Police Officers. It is no secret for people of Jammu and Kashmir that persons with criminal past and present have been recruited consciously for the posts of SPOs.”
“The Chief Minister’s statement tantamount to questioning the article 141 of the Indian constitution, which makes binding the Supreme Court judgments on all the states.”
Advocate Parvez Imroz, President of JKCCS said that If the state fails to implement the arbiter dicta of the judgment, JKCCS will file the writ application in the court for the implementation of the Supreme Court judgment in Jammu and Kashmir.
Both AID and JKCCS urged the Central and State Governments to implement this Supreme Court order and disband all the armed groups patronized by the state. SPOs, VDCs, Territorial Army units, other small groups and individuals who have let loose a reign of terror in the state and are responsible for heinous crimes should be immediately disbanded; all their firearms recalled; and the government should ensure that FIRs are filled into criminal activities committed by these persons.