The revelations last week about officers of the Rashtriya Rifles collaborating with rogue police officers to set up fake encounters have shocked the nation. Even the supreme court condemned the shameful acts and said the perpetrators of such crime should not be shielded under the Armed Forces Special Powers Act (AFSPA).

Based on documents it obtained, the Hindu reported on Tuesday that officers of the 5 Rashtriya Rifles, the 13 Rashtriya Rifles, and the 24 Rashtriya Rifles staged fake encounters and filed false first information reports (FIRs) framing civilian victims as ‘militants’ with an eye on medals and promotions.

The army on its part insists it that it has court-martialled several of its men and taken action against them for human rights violations. But it is yet to release trial records or names of such people, leading to doubts about the claim.

But senior officers say it is a catch-22 situation. Revealing the names of the perpetrators could seriously jeopardize the morale of the armed forces.

According to Prakash Singh, a former director-general of the border security force (BSF), “The supreme court is absolutely right in saying that uniformed criminals cannot hide behind the AFSPA. Yes it’s a loss of life. But is it murder? One has to understand the circumstances. It could have been in self-defence.”

The former top cop also said that he believed the time had come to dilute the AFSPA in Manipur. But when asked to comment on Kashmir, the former DGP was cautious. “Manipur and J&K are different scenarios. Kashmir has borne the brunt of Pakistani sponsored terrorism. If a man is given just Rs 10,000 a month and asked to go risk his life, it is not fair.” Singh also asked how a man was supposed to do his job when he was being watched and judged. “It becomes difficult for a man on the ground if his every move is questioned. How is he supposed to do his job,” asked Singh. 
 
But when the question over the apex court’s observation was put in front of human rights activists, the answer was unanimous.

Sreekala of the North-East Network, an organisation working with victims of army atrocities in Manipur and other northeastern states, says, “Definitely. It is a vindication of our work. All of us activists have been demanding that the AFSPA be repealed. The Indian Army is not intent on bringing in reforms. AFSPA is such a regressive act.”

Quotes and comments aside, facts say Jammu and Kashmir has the lowest conviction rate for murder among all state at 17.1 percent, compared to the national average of 36.7 percent. What is more ghastly is that crimes against women are rarely recorded and that conviction rate is a poor 2.1 percent compared to the national average of 26.6 percent.

Be it Jammu and Kashmir or the northeast, the armed forces have earned brickbats everywhere for their allegedly ungentlemanly conduct.

So much for an army that prides itself over the gentlemanly conduct of its officers.