No Trial Is Error – Allow prosecution of soldiers accused of killing innocents

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Source: The post is based on the article “No Trial Is Error – Allow prosecution of soldiers accused of killing innocents” published in The Times of India on 15th April 2023.

Syllabus: GS – 3: Security challenges and their management in border areas.

Relevance: About prosecution of soldiers.

News: In 2021, a commando unit opened fire and killed six coal miners in a counter-insurgency operation in Oting, Nagaland. Recently, the defence ministry has refused sanction for the prosecution of 30 army commandos allegedly responsible for the Oting massacre. The issue highlighted as the misuse of provisions of AFSPA which give sweeping powers to security personnel.

Why prosecution of soldiers is essential?

Security forces are forced to operate in difficult, often hostile, terrain. But that shouldn’t translate into impunity when grave errors are made.

-Non-prosecution of soldiers will create a sense of injustice which might provide a fillip to the insurgency in the North East.

-Normalisation in the Northeast is directly linked to removal of AFSPA. From April 1, AFSPA is restricted to eight districts of Assam while it has been removed from 19 and 18 police station areas respectively in Manipur and Nagaland. In this situation, by ensuring fair trail and prosecution in the Oting case will increase government’s trust.

Must read: Armed Forces Special Powers Act (AFSPA) – Explained, pointwise

What should be done?

Justice has to be provided, especially in the areas where the AFSPA continues to operate.

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