The debate on AFSPA with respect to the situation in the North-East has several complex dimensions which must be considered to arrive at a non-judgmental, unbiased understanding of the overall situation in this region of the country. Successive governments that occupied the reins of power in the post-Independence era must bear an equal share of the responsibility for fomenting insurgency in the North-East as much as the Indian media which has very shrewdly manipulated the real picture to mislead the public in the rest of the country about the ground reality here.

Narratives such as ‘Government of India’s excesses against indigenous people’, ‘Repeal AFSPA’, ‘ethnic conflicts in the North-East’ etc. have been woven by an elite coterie of academics to divert people’s attention away from the real problem and present a camouflaged version of the truth. If the Indian Army is the real villain according to a section of “academics” and human rights activists, then what would be their take on the numerous military offensives launched by various insurgent groups in the North-East time and again against the Army?

The heinous acts committed by these militants from time to time must be condemned in the strongest possible terms by all and the Government should intensify counter-insurgency operations against those involved in these and any other anti-India activity including arms and drugs smuggling. The dangers are several and we must understand that one-stop solutions like ‘Repeal AFSPA’ cannot do justice to the cause. These are too simplistic propositions that must not be implemented without proper discussion and debate.

While discussing about the demerits of the Armed Forces Special Powers Act (AFSPA), some of its merits in tackling insurgency and maintaining the unity and integrity of this country in the face of several challenges, especially in states like Mizoram, cannot be ignored. It is quite interesting to see that those who have always been demanding a repeal of AFSPA on the ground of ensuring the safety and security of Naga civilians and as well as for ensuring overall peace and development in the state, have never uttered a single word pleading the Naga insurgent groups to first lay down arms and surrender.

Why is this so? Is it because the Indian Army is a very convenient and easy target that perfectly fits into their propaganda-laden narrative of what they have termed as an ‘ethnic conflict’? There must be no doubt about the fact that the larger good of the state could be ensured not by repealing any law, but only when the insurgent outfits, especially in Nagaland, finally choose the path of dialogue and reconciliation instead of armed militancy. Isn’t the real conflict in the Christian-dominated hill state of Nagaland that also shares an international border with Myanmar being trivialised, by demanding a repeal of AFSPA every time a conflict breaks out between the civilians and the security forces?

The AFSPA, in force in certain parts of Assam, Manipur, and Arunachal Pradesh, besides Nagaland, allows the Army and the paramilitary forces to conduct raids, and arrest anyone, anywhere without any prior notice or arrest warrant. It gives powers to the security forces to conduct search and seize operations on the receipt of intelligence inputs about any looming danger.

In this context, it is important to understand the Act and the background in which it was introduced in the North-East, before repealing it. No doubt, the AFSPA confers a significant amount of extra-judicial powers on the army operating in a counter-insurgency theatre. But why is this so? Let us first examine the issue with reference to a few Sections in this Act:

1.  Section 4(A) – it allows army officers, junior commissioned officers, and non-commissioned officers (all ranks except the jawans) the power to shoot, or order to shoot, and to kill for the following offences – acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons carrying weapons or carrying anything which is capable of being used as a firearm or ammunition. To justify the invocation of this provision, the officer need only be “of the opinion that it is necessary to do so for the maintenance of public order” and only give “such due warning as he may consider necessary.”
2. Section 4(B) – it empowers the Army to destroy any property if it is an arms dump, a fortified position or shelter from where armed attacks are made or are suspected of being made, if the structure is used as a training camp, or as a hide-out by armed gangs or absconders.
3. Section 4(C) – under this, the Army can arrest anyone who has committed, is suspected of having committed or of being about to commit, a cognisable offence without an arrest warrant and use any amount of force “necessary to effect the arrest”.
4. Section 4(D) – it allows the Army to enter and search without a warrant, with the purpose of making an arrest, or recovering of any property, arms, ammunitions or explosives which are believed to be unlawfully kept in the premises. This Section also allows the use of any amount of force necessary for the search.
5. Section 5 – it states that after the Army has arrested someone under the AFSPA, that person must be handed over to the nearest police station with the “least possible delay”.
6. Section 6 – it establishes that no legal proceeding can be brought against any member of the armed forces acting under the AFSPA, without the permission of the Central Government.

Now, these are special powers under AFSPA[1] that must be retained, for they have been conferred on the Army to tackle home-grown terrorists. The Army needs them to operate in places like Nagaland and Manipur. But, according to the ‘Repeal AFSPA’ lobby, these are the same ‘draconian’ Sections under AFSPA which give the Army unbridled powers to kill civilians and rape women and young girls at its own whims and fancies, while offering them protection from being prosecuted for their crimes. But is this really the truth? Well, howsoever offensive or ‘unconstitutional’ and ‘draconian’ may these Sections appear to be, but the necessity of them in the special context of the North-East cannot be overlooked. The AFSPA is viewed in the North-East as the main reason behind the killings of so many civilians by the armed forces over the years in the name of insurgency.

The Hypocritical ‘Repeal AFSPA’ lobby

The oft-repeated narrative is that the armed forces have, with impunity, misused the AFSPA as a repressive tool to enforce a reign of state-sponsored widespread terror on the citizens of the North-East, disrupting every peace process, and hence, AFSPA must be repealed. The loss of several innocent lives over the years has been attributed to the brutality and disproportionate force used by the law-enforcement authorities, particularly the Indian Army. An important question that arises here is – Is it really AFSPA that has led to so many killings and deaths in the North-East, especially in the post-Independence era? We must not forget that during this period, Christianity became the predominant religion, not only leading to a huge religious demographic change in almost the entire North-East, but also pushing the local faith systems of the vanavasi communities into almost near extinction.

Is the demand for repealing AFSPA being used by a certain section of ideologically motivated “academics”, human rights “activists”, writers, lawyers, etc. to advance their own political agenda? This is the same lobby that has always been at the forefront of labelling the AFSPA as “draconian”, “unconstitutional” and various other fancy-sounding academic vocabularies, so as to make their demand of ‘Repeal AFSPA’ sound genuine and legitimate enough in front of the gullible public. The aim is to portray the Indian state as a monster and the Indian Army as a force that has been forcefully occupying places like Nagaland under AFSPA to kill common civilians and rape women and girls.

Why has this lobby been hypocritically silent on the various anti-social activities such as kidnappings and extortion drives led by the different insurgent groups in these states, or the doubtful intentions of China with respect to Arunachal Pradesh and the Brahmaputra? The other part of the story is certainly not to be missed. Despite all its drawbacks, the role played by AFSPA cannot be ignored with respect to maintaining relative peace in this region that is located geo-strategically along the international border with Bangladesh, China, and Myanmar. A flawed argument that is being put forward by opponents of the AFSPA is that the Act has not led to insurgency being contained in Nagaland and other areas of the North-East where it is being implemented.

But would it really have been possible to wipe out terrorism from Mizoram without the AFSPA in place and the accompanying tough measures that were taken by the security forces under this Act to deal with the unimaginable horrors perpetrated by the Mizo National Front (MNF)-led insurgency? Not many might know non-Christians (the Reangs and the Chakmas) and those who refused to convert were kicked out of Mizoram most inhumanely when insurgency was at its peak. If Nagaland is still a part of India despite the horrors of the insurgency brought about by several forces that have been inimical to the flourishing of Dharmic faiths, it is because the Army has played a very important and crucial role in preventing the terrorists here from taking over and proclaiming a separate Christian state of Nagalim!

The same holds true for the Kashmir Valley and other states and regions where the AFSPA is in force. These aspects must be taken into consideration while debating on the pros and cons of the AFSPA. There is no AFSPA in force in Meghalaya. But IED bomb blasts and attacks on Hindu religious places of worship by Christian evangelical groups have become quite commonplace at frequent intervals in different areas of the state. Issues such as these raise several uncomfortable questions with respect to the real problem in the North-East which is certainly not AFSPA.

It is not to be forgotten that insurgent groups such as the National Socialist Council of Nagaland-Khaplang or NSCN (K) and the National Socialist Council of Nagaland (Isak-Muivah) or NSCN (I-M) do not just demand a separate state but a separate Christian-dominated state of Nagalim or Greater Nagaland. In fact, the slogan of the NSCN (K) is “Nagaland for Christ”, which has gradually paved the way for the demand of a separate state with a separate Constitution and a separate flag of its own, leading to never-ending friction with the Indian state and the Indian Army in particular.

The Mon Incident in Nagaland

The incident that happened at Mon in Oting-Tiru area of Nagaland bordering Myanmar on December 4, 2021 was undoubtedly unfortunate and should have never happened. It was a complete failure of the law and order machinery of the Government. At least 13 innocent unarmed civilians, all coal miners, and a soldier were killed and 11 injured in what was supposed to be a case of “mistaken identity” by the security forces who fired on them, believing them to be members of the NSCN (Khaplang-Yung Aung). The victims (mostly belonging to the Konyak Naga community) happened to be daily wagers who were returning home from the Tiru coal mining area in an ill-fated pick-up van. Oting village where the firing took place on December 4 is located at quite a distance from Mon.

It needs to be mentioned here that Konyak Nagas share ethnicity with the Hemi Nagas and other smaller native groups in Myanmar.[2] Rebel NSCN leader SS Khaplang was also a Hemi Naga and it is said that he had several “admirers” on the Indian side of the border. The incident that took place on the 4^th of December 2021 had triggered many other incidents of arson, rioting and attack on soldiers, including an Assam Rifles camp in Mon town, which resulted in more injuries and deaths, including that of one soldier. In the evening of December 5, a mob of approximately 250 people tried to ransack and vandalize the Company Operating Base (CoB) of the Assam Rifles at Mon town.

The unruly mob burnt buildings of the base following which troops had to open fire to disperse the mob. Resultantly, one civilian was killed while another was injured. The security forces, to disperse the crowd, opened fire indiscriminately in self-defence, which resulted in the killing of seven more civilians and injuring some others. A brief statement of the 3 Corps of the Army later said that based on “credible intelligence” inputs of the likely movements of insurgents near Tiru village in Tizit area of Mon district, a specific operation was planned to be conducted in the Oting-Tiru area of this district. Hence, incidents like these also trigger the question over the standards about the reliability and authenticity of the source of information.

Following the outbreak of widespread violence, as a precautionary measure, the state authorities promulgated prohibitory orders in the affected areas to ensure peace and tranquility. The Army authorities deeply regretted the incident and its aftermath. Quite expectedly, the incident revived the demand for the immediate withdrawal of the AFSPA and the chorus has gradually become louder beyond the boundaries of Nagaland. Immediately, the North-East Students’ Union (NESU) which is an umbrella organisation of several Christian unions in the region, called for protests against the incident in all the seven North-Eastern states while also demanding the scrapping of AFSPA, labelling it as the “draconian anti-insurgent law”. A shutdown was called in Kohima and different parts of the state to condemn the incident and demand a repeal of AFSPA.

The Central Executive Committee of another Christian insurgent outfit based in Meghalaya – the Hynniewtrep Youth Council (HYC) – issued a statement in which it condemned the “brutal, inhumane and barbaric act of the Indian armed forces” leading to the death of several Naga civilians on December 4, 2021, at Oting village in Mon district of Nagaland. Roy Kupar Synrem, General-Secretary of the HYC-CEC, categorically mentioned that the root cause for such a “bold act of killing spree” by the armed forces in states like Nagaland, Manipur, and Arunachal Pradesh was the draconian AFSPA.

No doubt, innocent and unarmed civilians always suffer the most in a situation of armed conflict and especially when the conflict remains unresolved for a prolonged period, their sufferings become endless. But we first need to do a brief revision of history with respect to the origins of this problem, especially keeping in mind the delicate geo-politics of the North-East and what were the most important changes that came about here in the post-Independence era that gripped one state after the other in the fire of insurgency.

Rise of Christianity & the Beginning of the Naga Problem

Historically speaking, the British colonial power had first identified the ‘Land of the Nagas’ as “virgin soil” for the planting of Christianity. In an archival document from the year 1875, cited in the ‘Descriptive Account of Assam’ by William Robinson and Angus Hamilton, it was written about the Nagas as – “Among a people so thoroughly primitive, and so independent of religious profession, we might reasonably expect missionary zeal would be the most successful.”[3]

Accordingly, Christian missionaries were encouraged to open Government-aided schools in the Naga Hills (covering the present-day states of Nagaland, Mizoram, Arunachal Pradesh, and a few parts of Manipur) and through them propagate Christianity. It would be wrong to say that this strategy wasn’t successful, because within a 10-year period from 1891 to 1901, the Christian population in the NEFA (North-Eastern Frontier Agency or present-day Arunachal Pradesh) region increased by 128%.

It was in the early 1960s when groups of Naga and Manipuri insurgents were reported to have gone to China via the Kachin Corridor for free-of-cost arms training under the PLA, aided by Pakistan’s ISI. Insurgency in Nagaland began soon after the rebels converted into Christianity within just a few years after India’s Independence. They declared an armed revolt under the leadership of Zapu Phizo, an Angami Naga who had become a Christian by then. The war cry of Phizo’s Naga National Council (NNC) was ‘Nagaland for Christ’. As written by Murkot Ramunny in the book The World of Nagas, it was a Christian missionary named Michael Scott who helped in providing weapons and all other required provisions to these Naga rebels to wage a war against the Indian state.[4]

The NNC held a referendum in the year 1951, claiming that 99% of the Nagas supported Independence for Nagaland. Under the pressure of the Baptist missionaries led by Nehru’s blue-eyed boy, Verrier Elwin, the secular Congress Government at the Centre under Nehru accepted all the demands of these rebels. In 1971, the NNC was banned. In 1975, the Shillong Accord was signed between the Central Government and a section of the rebel NNC leaders and the Naga Federal Government. This Accord soon proved to be the main bone of contention between the Christian Naga separatists and the Indian state.

Opponents of this Accord had set up the NSCN under the leadership of Isak Chisi Swu, SS Khaplang, and Thuingaling Muivah. Very soon, internal rivalries led to a split in its organization and the subsequent formation of the NSCN (Khaplang) and the NSCN (Isak-Muivah) factions. From this time onwards, the war in the North-East was going to prove deadly, because along with arms, drugs soon came into the picture, and they both became entangled with the politics of the Church in due course of time. Even after the formation of Nagaland, these Christian rebels kept on fomenting rebellion against the country demanding a separate Naga country (Nagalim).

In the year 1971, the Christian population in Arunachal Pradesh was less than 1%, which increased to 30% in 2011. In Nagaland, it was less than 1% in 1901, but shot up to a whopping 90% in 2011. The Christian population of Mizoram accounted for less than 1% in 1901. But, as per Census data of 1991, it increased to 86%. The subsequent rise of secessionist movements along with the simultaneous growth of Christianity in this region is not just mere coincidence; it was a planned pogrom.

Secessionism and the Church

Today, the problem is no longer limited to Nagaland alone, because the fake narrative of a “separate Christian state” and a cohesive Naga identity propagated by the NSCN is making its presence felt among the Naga population residing in the Manipur hills, Mizoram, and Arunachal Pradesh. The main aim of the NSCN is to establish a sovereign Christian state called ‘Nagalim’, unifying all those areas inhabited by the Nagas in North-East India and neighbouring Myanmar. The slogan of the organisation is “Nagaland for Christ”. Its manifesto gives credence to the idea of what can be termed as a ‘Christian theocracy’. It is based on the principle of Socialism for economic development, informed by a Baptist Christian religious outlook. Government of India has declared it as a terrorist organisation under the Unlawful Activities (Prevention) Act, 1967.

For those who might not know, there is a small region in Nagaland called Hebron, situated at a distance of 110 km from Kohima. Dominated by Baptist Christians, Hebron has been named after the town mentioned in the Old Testament. The NSCN (I-M) almost runs a parallel government in Hebron by the name of ‘Government of the People’s Republic of Nagalim’, complete with ministries and a 15,000 strong army. It has its own Parliament called Tatar Hoho within the precincts of a Church in the northwestern part of Hebron. The Tatar Hoho makes its own laws and metes out severe punishments to those who break them. No wonder, entry into Hebron has always been forbidden to outsiders (specifically meaning non-Christians).

When young men and women join the NSCN, they swear by the Bible and the bullet that they won’t betray the nation or compromise the security till the last drop of their blood. There exists a conglomeration of several churches in Nagaland popularly known as the Council of Nagalim Churches (CNC) headquartered at Hebron. It not only plays a very important role in the day-to-day socio-political affairs of Nagaland but also exercise an influence in shaping the public opinion of the common Naga people.  

Inside Camp Hebron, Headquarters of the NSCN (I-M) in Nagaland. Picture Credits: insidene.in

Broadly speaking, the Nagas comprise around 40 different communities, and the major ones are Ao, Angami, Sema, Lotha, Chakhesang, Tangkhul, Mao, Konyak, Zeliangrong, and Rengma. Now, coming to the question of a ‘cohesive Naga identity’ of the NSCN, leaving aside the Tangkhul Nagas of Manipur, most of the communities of Mizoram and Arunachal Pradesh like Monpas, Mishimis, Nyshis, Sherdukpens, Apatanis, etc. aren’t Nagas in reality. However, more and more people, in the recent times, have begun to identify themselves as Nagas more frequently.

These are largely the neo-converts who, in due course of time, become mentally programmed to unquestioningly accept their new identity as not only different from the rest but also ‘superior’ to that of any other. The only common element amongst all these so-called “Naga” groups is the American Baptist Church. This raises many questions with respect to the larger designs, aims and objectives of those forces responsible for fanning insurgency in North-East India.

Is ‘Repeal AFSPA’ the Solution?

The situation in the North-East is not normal; it is extraordinary, with not one but many different hostile forces working together at the same time to destabilise Bharat from within. Repealing AFSPA is not very difficult, but before that, we need to understand the complexity of the problem of insurgency and the challenges associated in dealing with it in the North-East. Can the Government deal with insurgency and a host of other problems here without resorting to AFSPA? If it can, it’s well and good, but this war is lethal, more so because the North-East is connected to the rest of the country through the narrow yet crucial strategic point popularly known as the Siliguri Corridor or ‘Chicken’s Neck’.

The proclamations of anti-nationals like Sharjeel Imam to cut off this region and separate Assam and the entire North-East from India, are another testimony of the plan that is afoot since a long time now under ‘Operation PIN CODE’ sponsored by Pakistan’s ISI and supported by several Islamic organisations in Bangladesh. The China factor and Myanmar as an emerging den of drugs and arms have complicated the matters further. Hence, such extraordinary situations demand extraordinary measures precisely because the ordinary laws of the land are inadequate to deal with an entire range of anti-India forces active here. It is futile to expect from these forces, including insurgent groups, to observe the ordinary laws of the land or obey the Constitutional mandates.

The imposition of AFSPA and its continuation in these states implies that the police forces of that state and even the paramilitary forces, on their own, cannot tackle the terrorists. In other words, they are incapable of dealing with the terrorists in a terror-stricken area; hence, the Army is deployed for counter-insurgency (CI) duties for it becomes indispensable to handle the situation and maintain the unity and territorial integrity of the country. It is because the police forces are not trained in the same manner as the Army to deal with the enemy. When insurgents open indiscriminate fire on our security forces, injuring and even killing them at times, retaliation on the part of our security forces may result in collateral damage which is unavoidable, howsoever hard the Army may try to prevent it.

It is extremely difficult, if not impossible, for a soldier to pick out a terrorist from a crowd of citizens. Any innocent person/common civilian will obey the orders of the police and the Army, say, to stop at a check post and subject himself and his vehicle to inspection. If he/she doesn’t cooperate, wouldn’t such behaviour naturally create suspicion against him/her? But, to entirely shift the blame onto our forces without seeking equal accountability from the various hostile forces at work stinks of a devious design. Wouldn’t AFSPA automatically become irrelevant if terrorist groups like the NSCN (I-M) surrender?

We cannot overlook the crimes committed by these terrorists (largely belonging to a particular religious denomination) such as kidnappings, killing of our Army personnel and innocent civilians, extortions, etc. while at the same time raising a hue and cry against AFSPA. It only amounts to patronising these terrorist groups but opposing the Indian state, and more specifically the Indian Army. Repealing AFSPA, as is being demanded, would mean immediate withdrawal of the Army from that state or area, resulting in a massive gap in the security infrastructure. Won’t this give the insurgents a free hand, endangering the country’s national security?

Moreover, wouldn’t disruptive elements gain advantage from such a situation by exploiting the existing legal loopholes in the system, given that insurgency in North-East India has always been a complex affair? Are we prepared for tackling such a situation in the immediate present? Is the ‘Repeal AFSPA’ lobby willing to run their political shops without the protective security cover provided by the Indian state and the Indian Army in particular? Isn’t this the same protection that has offered them the leisure and comfort of writing propaganda pieces in both national and international dailies? Most importantly, are outcries of human rights violations justified if any person disregards the orders of the Army and get shot in the process?

These are questions that we need to honestly delve upon to arrive at a sound and logical explanation behind the imposition and existence of AFSPA in different states of the North-East, including Nagaland. Another argument often put forward is that AFSPA is not in force even in the Maoist-infested areas, and hence it must be repealed from the North-East as well. But this does not hold water keeping in mind North-East India’s strategic geo-politically sensitive location. The Maoist belt of Central India extending till Maharashtra and a few parts of Andhra Pradesh are not in proximity to the international border with China, Bangladesh or even Myanmar.

Moreover, the religious demographic character of many states in the North-East has been altered beyond reversal. Hardly any traces can be found in today’s date of local deities like Kupenuopfu, Lizaba, and Pfutsana that were worshipped by the Nagas once upon a time. The same holds true for Mizoram and almost more than half of Meghalaya as well. Most importantly, expanding India’s trade and commercial relations and as well as its cultural ties with South-East Asia, depends upon, to a large extent, on a peaceful, stable, and secure North-East. This holds true mainly from the point of view of India’s Act East Policy and its successful implementation in the coming times, with North-East India being the chief driver of this Policy.

Drugs and arms smuggling, aggressive evangelist mission of the Church and its resistance to all forms of Dharmic faith systems, blessed by China-funded Maoism, are some of the deep-rooted problems in India’s North-East that can no longer be ignored by anyone desirous of chalking out a long-term solution to the nagging problem of insurgency. Drug trafficking is still one of the major sources of funding for the insurgent groups active here. An adverse consequence of this has been the spread of HIV/AIDS in nearly all states of this region. To demand a repeal of AFSPA without solving these underlying fundamental causal factors behind insurgency and secessionism in the North-East is pointless.

It is important that all agencies work in harmony with one another and ensure that no such unfortunate incident recurs in the future while undertaking anti-insurgent operations. The common Naga people have always yearned for permanent peace to return through an expeditious resolution of the armed conflict in the Naga-inhabited areas of Nagaland, Manipur, and Arunachal Pradesh. It is very unfortunate that the peace talks between the Central Government and the NSCN (I-M) which resumed after a long gap, have reached a dead end once again.

It was on August 3, 2015 that NSCN leader T. Muivah had signed a Peace Accord with the Government of India in the presence of PM Narendra Modi, Home Minister Rajnath Singh, and NSA Ajit Doval. However, it soon joined hands with a militia organisation named the United Liberation Front of Western South-East Asia, along with other terrorist groups of the North-East. Shortly thereafter, it broke off peace talks with the Indian Government. The Government must therefore remain alert of the fact that whenever such negotiations are in a critical stage, killing of innocent civilians by the Army during a special counter-insurgency operation only provides an upper hand to the forces inimical to India’s national security, unity, and integrity.

1. The Armed Forces (Special Powers) Act, 1958; https://www.mha.gov.in
2. Dr. B. Chakravarti, The Nagas (Calcutta: Self Employment Bureau Publication, 1988), pp. 8-13.
3. L. Khimun, Spiritual Thoughts of the North-East Bharat (Janajati Faith and Culture Protection Forum: Heritage Foundation, 2020), pp. 212-219.
4. Murkot Ramunny, The World of Nagas (New Delhi: Northern Book Centre, 1988).

Image source: Telegraph India