Soldiers Respect Rule and Human Rights: Is Counter-insurgency SoP a ‘friendly’ tool for naxals and militants?

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Nirendra Dev

The announcements made by General Officer-Commanding-in-Chief of the Eastern Command, Lt Gen R.P. Kalita, in Guwahati about reviewing Standard Operating Procedures (SoP) vis-a-vis army operations against insurgency deserve a much closer look.

The fact is there is nothing drastically new in the statement. The botched operation by 21 Paratroopers on December 4, 2021, in Oting, Nagaland, resulted in critical statements from certain quarters against the forces.

Sources in the know of things say the SoP being followed over the years is “always good enough and were tailored such that no soldier can get away easily if he indulges in any violation” of the Rules of Engagement.

The crux of the issue is things are judged in retrospective effect. One major incident occurs; everyone would say intelligence failures or security lapse, but a mistake and bungled operation, and soldiers face a court martial and a very unfriendly media.

It is worth reflecting on the above few lines on the backdrop of yet another Naxalite act killing security personnel in Chhattisgarh.

Some years back, a statement was tabled by the Defense Ministry on the floor of both Houses of Parliament wherein it was asserted that the forces must adopt the policy of ‘Zero Tolerance’ in letter and spirit towards any instance of human rights violation. It was reiterated that the Armed Forces would never let the nation down on this count.

The track record of the Indian armed forces in Jammu & Kashmir, Naxal-hit areas and the Northeast, where it has been deployed to aid the State’s apparatus for internal security tasks, has also been guided by the “Dos and Don’ts”.

The Armed Forces Special Powers Acts (AFSPA), accompanied by the Disturbed Area Act, empower the Forces to act in difficult situations. However, the Government says there is also a robust mechanism in place for course correction. Thus, while admitting the need for the Armed Forces Special Powers Act, the onus lies squarely on the Armed Forces to ensure that these special provisions are not put to any “misuse”. The Government has in the past “did not hesitate” in taking stern action against the guilty in case of any misuse/abuse of powers.

However, it should be remembered that the anti-India elements or militants in the northeastern region and possibly the Naxalites have an advantage or surprise elements. This ‘surprise’ actually means near-fatal roadmaps for soldiers.

In this context, a source told ‘Organiser’ that in Nyasa, four km from Mon, two Assam Rifles personnel sustained injuries because the unit was more than careful and was too much bothering about adhering to the Standard Operating Procedures (SoP).

The incident happened on August 15, 2022, when the National Socialist Council of Nagaland (NSCN-KYA) faction comprising 17 ultras tried to take over the Assam Rifles post. “Inputs suggested the presence of 17 NSCN-KYA in Zankham, and accordingly, an ambush was laid by the forces on the Nysa-Zakham stretch. Soldiers observed suspicious movement in the wee hours of August 15, 2022. It was bad weather, heavy rains and hence bad visibility,” the source said.

The soldier following his ‘Rule of Engagements’ challenged the strangers and to the bad luck of the forces, the undergrounds immediately opened fire from a nearby hut and tried to flee the spot. In retrospect, the soldiers would recall that their seniors applauded “exemplary restraints” that led to avoiding collateral damage.

But the other side of the story is that two soldiers suffered splinter injuries. They were quickly evacuated by local villagers only, first to the district town of Mon and later airlifted to Jorhat in Assam. After a statement was issued stating that — “the villagers greatly appreciated this compassion and restraint shown by the forces on a fateful day

But such ‘restraints’ can be fatal, and casualties can happen. During interactions with journalists on several occasions, retired officials cited incidents when ‘such compassionate’ actions could also be treated as indecisiveness and cowardice. When there is a failure — either a major terror/militant action or a botched-up operation like Oting, very few would say to err human and that men in uniform were following the rule book.

Moreover, several militant outfits put civilians, women, and children as ‘human shields’ to flee the spot of military actions. The soldiers find themselves ‘handicapped’ by the restraints and the SoP not to harm any vulnerable sections.

Now to recollect what Lt Gen Kalita has said, it must be noted that the SoP being implemented says the soldiers have to ensure three basic things before taking the last option — that is, opening fire to safeguard one’s interest as the good name of their regiment.

The first Rule of Engagement is to ensure establishing the ‘Identity’ of the underground. The rule also says even if the suspect is an underground element but if he is not carrying arms; there is strictly ‘no chance of opening fire’. The second rule is to allow the suspect to surrender. And the third option says one should fire back in self-defence “only after the militant has opened fire”.

These rules look good on paper but offer quite different and difficult situations for soldiers who might have promised back home that they would wish their three-year-old kid birthday wishes on return from operations. As it is, the serving and retired military personnel would often say that the SoP is “generally friendly to the suspects and militants”.

Indeed, successes often stay hidden or are just forgotten, but failures get known!

“We are family men ourselves….we respect Indian ethos and as disciplined soldiers respect human rights but SoPs are often friendly to militants,” — an armed force personnel would have said effortlessly.There have been strong demands for the withdrawal of AFSPA after the Oting episode of Nagaland. The centre has conceded the demands in some places, no doubt.

On the other hand, the Supreme Court has stayed further proceedings in a botched operation that resulted in the death of Naga coal miners in Nagaland.

The Government line is nevertheless very emphatic. — India being a democratic country …the principle of respecting the rule of law must be adhered to, and killing or injuring someone is never a priority for India’s forces or the Government.

Experts know the human mindsets — both at the level of the soldiers and the ultras — and hence they will not rule out the “revenge angle” in what they also describe as a “vicious cycle” of armed insurgency and counter-military operations.

There is a thin line border between a successful operation and a bungled Military action. Truth is only for the post-mortem — the next day!! Media commentaries are much easier.

“You cannot pin point to all terror attacks,” says former RAW chief Vikram Sood.

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