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“If I were to change three things in the way the Congress ran the government, I would say a) there should be no corruption b) there should not be a diarchy, only one power centre c) the functioning of the government should be transparent and should include family planning.” If anyone could write about the Congress and, by natural extension, the Gandhi family, it was Mr. Natwar Singh. A former staunch loyalist of the party, Mr. Singh has had close association with the Gandhi family. In the words of Mr. Mani Shankar Aiyer, “He was literally kidnapped from New York and jetted in Indira Gandhi’s aeroplane to New Delhi to work as an under-secretary in her office in the immediate wake of her becoming prime minister”. Mr. Natwar Singh served the Congres dutifully for around 20 years, albeit with minor speed bumps. However, this alliance ended in an unceremonious manner with Mr. Singh being dismissed and shunned from the Congress and by natural extension, from the Gandhis, due to the Oil for Food scandal. The doors to the Congress High Command were shut and bolted. One Life Is Not Enough, Mr. Singh’s autobiography, hit the shelves this August, and it sent shockwaves across Janpath and Raisina Hill. The book serves as a riveting account of Mr. Singh’s encounters with our political class, with special reference to Mrs. Sonia Gandhi and Mr. Manmohan Singh. The charges made by the book have fuelled television debates with commentators – depending on their political leanings – either praising Natwar Singh for his “courageous account” or completely dismissing his book as the “rant of a disgruntled insider. Whatever the news channels say, Mr. Natwar Singh, true to his Stephanian roots, is sure to have a few politically incorrect statements and a plethora of interesting anecdotes to share. The octogenarian Stephanian has and is facing criticism for taking too long to pen down his thoughts but he says he has nothing to lose. As he summarises his long and winding journey in the last lines of his book: “Soon I shall drift out of the harbour on a silent tide beyond the beat of time.” #Congress #NatwarSingh #Onelifeisnotenough #StStephens

Prime Minister Modi’s Budget was appreciated for many reasons, one among them being the hike in the prices of cigarettes and other tobacco products, as this measure was expected to put an end or at least work towards ending the new system of bondage that exists in the Indian Society, the bondage of tobacco addiction. India ranks second after China in tobacco consumption, with the statistic being as notoriously large as 120 million people, and this for one, is not an achievement India needs to maintain. Excise duty on cigarettes was increased by 22% in 2012-2013 and further an additional 18% in the last fiscal. Falling share prices and a rising illegal trade of cigarettes compelled cigarette manufacturers to file petitions with the finance ministry, asking (which is a euphemism for pleading) for a reduction in the existing duty of Rs.669 per thousand cigarettes to Rs.200 per thousand cigarettes. This particular development surfaced during the UPA government’s rule last year. However, in the run up to the national elections, such pleas were rendered insignificant and with the Modi Government interested in promoting its motto of ‘out with the old and on with the new’, it did little to put the tobacco manufacturers’ minds at rest; in fact it did just the opposite. Modi’s and Union Health Minister, Harsh Vardhan’s vehement desire to champion the cause of reducing tobacco consumption, led to the duty on cigarettes escalating to an unimaginable and an unthinkable 72%. Statistics confirm that there is very poor correlation between higher cigarette duties and the desirable reduction in consumption. Even, the expected increase in government revenue, falls well below expectations. One might wonder why this happens, given that the demand postulate of economics, claims that a rise in price of a commodity leads to a fall in demand of that commodity, ceteris paribus (all other things remaining constant). Demand does fall, with a noticeable swiftness and ease in case of normal goods than in the case of cigarettes and other tobacco products, because of the inelastic demand for cigarettes. Demand for any product is said to inelastic when a change (increase, in this case) in its price doesn’t cause a proportionate change (decrease) in its demand. In other words, a change in the price of commodities like tobacco has a very small change in the quantity demanded of the commodity. In case of tobacco, the possibility of addiction has to be factored in and owing to this factor, a rise in the price of cigarettes does not translate into an immediate fall in consumption as people will continue to try and satisfy their demand by substituting other non-necessity goods for cigarettes. Over time, with better information systems in place, better awareness and more substitutes for cigarettes available, people start shifting away from the consumption of cigarettes. In India, however, the change in consumption patterns of cigarettes has more to do with the different categories of cigarettes and their different pricing strategies as well as the extremely complex tax structure designed for these products, than with the laws of economics. There exist five different sizes of cigarettes (< 65mm, 65-70mm, 70-75mm, 75-85mm, >85mm) and all these varying sizes have different amounts of duties levied on them. The amount of the duty is directly proportional to the size of the cigarette, implying the highest duty on the longest cigarettes. Thus, manufacturers have started shying away from the production of longer cigarettes and have increased substantially their production of the sub-65mm type to escape the burden of taxation. In addition to the differential taxation system within the cigarettes segment, India also has an inconsistent taxation regime among various tobacco products. Historically, beedis have been charged a lower duty than their counterparts, which explains the dismal market share of 12% in case of cigarettes and a relatively higher 35-40% market share in case of beedis. What this means in demand terms is that when the duty on cigarettes gets hiked, people start moving from the consumption of cigarettes to beedis which is a cheaper alternative, hence the marked difference in the market shares of the two segments (as of 2014). A study of the other interesting features of the taxation of tobacco products in India, bring to light the fact that handmade beedis are taxed lower than machine-made ones (while the tax on handmade beedis is Rs.12 per 1000 sticks, it is Rs. 30 per 1000 sticks for the machine made beedis) and that beedi manufacturers are exempted from paying tax, in case their annual production does not reach the 2-million mark. Therefore, the outsourcing of the beedi industry to the households resulting in around 98% of the beedis in the market being handmade, and the 2010 International Union against Tuberculosis and Lung Disease report which states that “52 per cent to 70 per cent of all beedis consumed in India have no taxes paid either due to non-compliance or because the manufacturers supposedly produce less than two million beedis per year”, does not come as a surprise. The consumption of tobacco hardly declines, despite the imposition of sin taxes, because people substitute cigarettes for inexpensive tobacco products which have inconsequential duties or because within the cigarettes segment, they begin consuming the cheaper (and, smaller) kind. Moreover, such enormously high amounts of duties, leads to the unwelcome development of a black market in cigarettes. Such a market thrives in India and has captured about 19% of the total cigarette trade, causing a loss of around Rs.6000 crores to the national exchequer. According to ITC Ltd. Chief executive, Sanjiv Puri, “Legal cigarettes comprise only 12% of tobacco consumed, down from 21% three decades back, but they pay 85 % of tobacco taxes.” In spite of high taxes, why government revenues have not been rising at the same pace, is matter of deep concern. The slow but steady siphoning off of revenues by the black market in place and the fact that taxes on cigarettes are not linked to income growth and inflation, have made the government revenues suffer a mighty blow. Though the Laffer curve (which highlights the relationship between tax rate and tax revenue) for tobacco products is still showing a positive slope, the slope is increasing at a diminishing rate and might soon decline. In order to increase government revenue from sin taxes and possibly reduce consumption of these products, some measures are in order. Firstly, the taxation of tobacco products should be completely revised, establishing consistency among cigarettes and across tobacco products. Secondly, the ad valorem tax on beedis should be replaced by specific taxes so that the tax cannot be diminished by slashing prices and so that the beedi consumption can be brought down effectively. In extension to this, the skewed legislation that allows for the exemption of tax payment, if lesser than two million beedis are produced annually, needs to be scrapped. Thirdly, the taxation on tobacco should be made progressive and be adjusted for inflation so that their real prices rise before the income does, as a result of the inflation. Every year, more than a million people die due to tobacco-induced cancers in India. According to the National Family Health Survey (2005-2006), tobacco use is more prevalent among men, rural population, illiterates, poor and vulnerable section of the society. Other renowned studies suggest, nearly 23.7% of the deaths among men and 5.7% of the deaths among women, aged 35-69 years are due to tobacco-attributable illnesses. The taxes on tobacco products are introduced with the noble intention of reducing its consumption and by extension, the incidence of cancer, but these measures are not very successful. The estimated total cost of tobacco use in India in 2004, that is, the cost of treating tobacco induced diseases was $1.7 billion, which is 16% more than the total excise tax revenues collected from all tobacco products in the financial year 2003-04; a trend which has unfortunately remained unchanged. Thus, taxes may prevent initiation but they fail to have the desired effect on the seasoned users and hence, are unable to eliminate completely, the threat of cancer. If we forgo our economic sense for a while, then, the disquieting realisation that more than government revenue, tobacco addiction is costing us lives, will be something that we can decide to stomach silently or actively work against. Concerted measures by the Government, consumers and producers are now the need of the hour, otherwise our taxing tobacco troubles will never be a thing of the past. #taxation #unionbudget

“Being a woman is a terribly difficult task, since it consists principally in dealing with men.” — Joseph Conrad Hinduism is probably the only major religion in the world to have a recognized sect which worships a Goddess. Hindus who worship Shakti, the embodiment of feminine divinity and power are called the Shaktyas. The Hindu mythology has a plethora of stories extolling the feats of Durga, Kali and goddesses who symbolize power apart from other significant goddesses like Lakshmi and Saraswati. With such a robust tradition of worshipping female deities, India should have been one of the forerunners of gender equality.  However, we are no different from any other religion when it comes to placing men and women on an imbalanced scale, and it would be redundant to mention which one topples the other. I won’t argue on the much debated subject of Manusmriti or the historical credence of the mythological texts, but will try to establish how patriarchy and misogyny are ingrained in our entire set of moral beliefs. The whole logic of morality and what is considered ‘righteous’ is deeply paradoxical in our society. To substantiate what I am trying to state, let us take the example of the two men who are considered to be the epitomes of truth, righteousness, piety and integrity of character in history- Rama and Yudhisthira. The Ayodhyan monarch Rama, in the epic Ramayana has been titled Maryada Purshottam- (The Supreme Being). The fact that he attributed nuptial disloyalty to his wife and placed his subjects above her. He was estranged from Sita, his wife, for the period when she was abducted by the ‘villain’ of the story, Ravan, the king of Lanka. Heeding to hearsay and myriad conjectures, he asked his wife to undergo an ordeal unto fire to prove her chasteness. Not once, but twice, even after she had been proven to be ‘pure’. Such was the position of women. Sita, though she was the Queen of the kingdom, but was, nonetheless, stationed beneath unsophisticated rumours. Our internalization of gender imbalances is such that we don’t even let our gods surpass these, hence, inking their magnanimity. Similarly, the eldest Pandava brother in Mahabharata, the world’s longest epic, is renowned for his honesty and rectitude. He is said to be the only human to have entered the gates of heaven alive- a prize for the virtuous life he had lead. He deserved the award nonetheless, there was nothing morally ‘wrong’ in pawning one’s wife and brothers in a gamble or being a mute spectator while one’s wife was being publicly disrobed and made subject to lurid comments. How could it be wrong, when the very interpretations of sacred texts enlist the ‘wife’ as just another property a man has complete right over! And wait, the bumper prize- there is nothing impious about gambling in the first place. Draupadi, the main female character of the epic and the wife of the five Pandava brothers, was the first one to be denied direct entry to heaven. In the concluding chapter of the Mahabharata, “The Mahaprasthan”, Yudhisthira, being the paradigm of ‘Dharma’, explains the characteristic flaws with each of his brothers and their wife. Draupadi’s flaw, as he explains is that she did not love all her husbands equally. Arjun on the other hand is seen as flawless in this respect, even though he married numerous times and treated his wives far from equal. Women in India were to commit ‘sati’ upon their husbands’ death which was an important parameter for assessing their virtue. However, in a female-worshipping country, no gender equivalent for ‘sati’ was ever known. I have heard people saying ‘Swayamvar’ was a ritual which proved royal maidens were on equal footing with their male counterparts. Conversely, Swayamvar also authorized kidnapping of the bride and repeatedly such ‘kidnappers’ have been celebrated- Bishma being the prime example. How much choice or opinion did women have even in Swayamvar then? Thanks to the architects of our constitution, the gap between the genders has been bridged now, at least legally. But has the implementation been possible, or will it ever be possible? Recently, the 16th December 2012 Delhi rape case shook the entire nation. Few people who consider themselves upholders of Hinduism blamed the incident upon western culture and outfits and asserted that such an incident was unseen in Indian culture. Probably their knowledge of the very Mahabharata is incomplete- they forgot the molestation of Draupadi in an open court or how Arjun kidnapped Subhadra (Krishna’s sister). I do not mean to derogate any religion. Being a god-loving Hindu, I see my God in Sita, I see divinity in Draupadi and I see godliness in the all those women who have selflessly served the egos of the men around them. I am a proud Hindu, and my pride comes from realizing Hinduism’s core philosophy- Aadi Shakti (The Quintessential Feminine Energy) which embodies supreme oneness. Nothing can be more heinous than giving the spirit of such a religion a bad name by indulging in the justification of something as ghastly as rape in terms of ‘women’s independence’. What then is the result of the millennia long cult of Shakti worship? A flourishing business? The biggest irony in action? Unfortunately yes. Unless people cease to associate religion with perpetrating inequalities against women, nothing can change. After all, every religion in the world has striven to attain natural balance. In fact, Hinduism is a pioneer in this field as it is one of the earliest doctrines to talk about natural balance in terms of gender balance where it imputes Prakriti (Environment) to femininity and Purush (Human) to masculinity. Without the synergy and symbiosis between these two constituent units, as is explained by the ancient Chinese symbolism of Yin and Yang, humanity will cease to exist. No religion has characteristically advocated inequality. It is the people who have conveniently molded the philosophies to suit the selfish interests of one party to belittle the other. There is serious brevity of wisdom in those ‘proponents of religion’ who consider it their moral duty to discipline and ‘tame’ the women around them. They do not realize that in the process, they deride their own cause- they project their religion in poorer light. The basic essence of any religion is to provide fortitude and moral direction; let us not defy that truth by using it as a means to attain selfish ends. #Hinduism #Shakti #Religion #Misogyny #Genderequality #Hindumythology

“Sometimes I think that a parody of democracy could be more dangerous than a blatant dictatorship, because that gives people an opportunity to avoid doing anything about it.” -Aung San Suu Kyi In 2007, discontent and anger spilled out on the streets of Myanmar, ruled by the military since the coup d’état of 1962. Students, activists, women and Buddhist monks protested against the unannounced decision of the ruling Juntato remove fuel subsidies which caused the price of fuel to rise by several times. Under pressure for brutally repressing this Saffron Revolution, the Junta declared that Myanmar should have a disciplined democracy under the leadership of the military, and should not encourage any rapid changes. So in May 2008, when a significant portion of the population was battling the devastation that Cyclone Nargis had wreaked, a constitutional referendum was held to adopt the constitution drafted by the military. The new constitution makes it almost impossible for Suu Kyi to become President as it bars anyone from the presidency whose spouse or children are foreign nationals. Besides, aquarter of seats in both parliamentary chambers are reserved for the military and it stipulates that three key ministerial posts – interior, defence and border affairs – must be held by serving generals. What actually sends alarm bells ringing is the fact that amending the constitution requires over three- fourths of the votes in Parliament. And obviously, as a quarter of the members are military personnel, this means that the constitution cannot be changed without themilitary’s approval. Without a doubt, the Junta’s iron grip over the political system will not loosen any time soon. The November 2010 elections (which were based on this new constitution) were marred by questions raised over their transparency by pro-democracy and human rights activists. Suu Kyi’s party-‘The National League for Democracy’ (NLD), did not participate in the election as many of the NLD leaders were barred from participating in the election for several reasons. The laws were such that the party would have to expel them in order to be allowed to run. This decision, taken in May, led to the party being officially banned. Suu Kyi was herself under house arrest when elections were held. Certainly, since the election, Myanmar has made progress on some dimensions of democracy under President Thein Sein, a former military commander (as military personnel were barred from contesting, many retired to participate). Restrictions on participation in politics have eased, as was witnessed during last April’s Parliamentary by-elections which saw opposition leader Aung San Suu Kyi gain a place in the legislature. Civil liberties have also been strengthened, with greater media freedom and fewer restrictions on the right to assemble. Many political prisoners have been released (though many still remain behind bars) and some exiled dissidents have been granted permission to return home without the fear of persecution. These steps have gone a long way in pacifying the West- US and EU welcomed Myanmar back to the world stage and ending its isolation by lifting sanctions. These vast improvements, though laudable, sometimes seem to be merely eyewash. Recently, five reporters of ‘Unity’ magazine were sentenced to 10 years’ imprisonment with hard labour for disclosing ‘state secrets’ and jeopardising national security afterpublishing an article about analleged chemical weapons factory built by seizing farmland. Despite promises by President Thein Sein that Myanmar would have no more prisoners of conscience by the end of 2013, arrests and imprisonment of peaceful activists and human rights defenders have continued. Other new prisoners of conscience include land rights and environmental activists. Many have been sentenced under a range of laws that place far-reaching restrictions on the rights to freedom of expression and peaceful assembly. Persisting ethnic conflicts expose the deep mistrust and intolerance that the Burmese harbor towards not only their government but also each other. The rebels of Kachin, Karen and Shan ethnic groups have, for decades, engaged in a civil war with the military. Despite the President’s calls for ceasefire and negotiations, insurgents are reluctant to withdraw forces or make agreements because the government lacks control over the military. The most upsetting chapter in Myanmar’s new story is the plight of the Rohingya Muslim minority oppressed by a growing sense of Buddhist nationalism. The government vehemently denies the existence of a Rohingya ethnicity, referring to the group, even in official documents, as ‘Bengali’. This stems from a pervasive belief that all Rohingya are illegal immigrants from Bangladesh, a conviction widely held despite records of Rohingya families living in Myanmar for centuries. Documents obtained by Fortify Rights detail restrictions on the Rohingya relating to: ‘movement, marriage, childbirth, home repairs and construction of houses of worship, and other aspects of everyday life’. These policies, created and implemented by Rakhine State (home to a major portion of the Rohingya population) and central government authorities, apply solely to the Rohingya and are reportedly framed as a response to an ‘illegal immigration’ problem and threats to ‘national security’. Ongoing tension between Rohingyas (as well as other Muslims) and Rakhine Buddhists reached tipping point in 2012. Conflict that began as tit-for-tat communal clashes soon escalated into what multiple human rights groups have condemned as ethnic cleansing. In January 2014, residents of a small village in northern Rakhine State were brutally massacred by security forces and Rakhine Buddhists. Officially the massacre was denied, but Médecins Sans Frontières/Doctors without Borders (MSF) reported treating 22 patients for injuries sustained during the violence. The government portrayed this as ‘wrong information’ and threatened to kick MSF out of the country. After negotiations, MSF was given permission to resume its projects – except in strife-torn Rakhine State. This move of the government is blatantly cruel and oppressive as MSF offered a lifeline to the segregated Rohingya who have difficulty accessing medical services because of travel restrictions and discrimination that prevents them from being treated at public hospitals. Myanmar would undoubtedly lose a golden opportunity to usher in true democracy if the people continue to cater to the whims and fancies of the military and fail to resolve the animosity that exists. And if they fail to rise to the challenge, its government would simply remain a ‘civilian’ and not a ‘democratic’ one. #Myanmar #SuuKyi

Close to six decades have passed since Pt. Jawaharlal Nehru unfurled the tiranga atop the Red Fort signifying India’s tryst with its long-cherished destiny of Independence. But are we truly independent? Independence is not merely a physical state but a mental state as well. This inexplicable Indian fetish for the West is conspicuous by our ambitions, our material aspirations, the importance attached to the English language, and even the laws of our land. It is in this context that we discuss the Armed Forces Special Powers Act, an act long claimed to be draconian in its exercise and an act tracing back its genesis to the good ol’ British regime. AFSPA, as we now know it, was modelled on the Armed Forces Special Powers Ordinance, promulgated by the British to suppress the Quit India Movement in 1942. As the title itself suggests, special powers were bestowed on the armed forces, to ensure efficiency in their operation and more importantly, to ensure their immunity. The Act was repealed soon after we gained Independence but when insurgency tensions surfaced in the Naga- dominated areas of Assam and Manipur, the Centre felt it prudent enough to resurrect it in 1958, in all its initial rigidity and rigorousness. Delhi had been unyielding with the accession of these states to the Indian subcontinent, which became the primary reason for their disenchantment with the commonly conceived Indian dream. The Nagas opined that they were of a different social and racial background and that this merger with the Indian Subcontinent was unacceptable, so much so, that they boycotted the Indian Constitution in 1951 and began committing violations against the state by 1952. AFSPA,at first, proved to be extremely meticulous, with the deployed armed forces doing all that they could within the range of their powers, to quell the internal violence and to reinstate normalcy in the states of Assam and Manipur. But many a time, such successful firsts are followed by not-so successful nexts and the history of AFSPA bears evidence to this fact, not only in the North-East but also in Jammu & Kashmir and Punjab. Punjab, more specifically Chandigarh, began witnessing a struggle for hegemony among different Sikh factions in 1982 and the central government declared it to be a “disturbed area”, invoking the AFSPA to restore order to the state. J&K has had insurgency with domestic and foreign dimensions, which gives it a character of its own. Domestically, the centre’s dominance over the state sowed the seeds of alienation in the minds of the people and externally Kashmir has always been the bone of contention between India and Pakistan over which four wars have been fought. Such prevalent conditions of probable internal conflicts and proxy war aims of Pakistan can create difficulties for the state machinery to function and it was in order to do away with such situations, that the AFSPA was implemented in Kashmir in 1990. In spite of its noble intentions, AFSPA has been criticised time and again because of the magnitude of power conferred under this act to the army. The structural framework of the initial 1958 act was extremely vague with the army given the discretion to decide the parameters of suspicion and act upon that suspicion as well. All army officials, regardless of the post, could use force, arrest and even kill any person they suspect of being involved in terrorist activities or having possession of arms. Any particular place which is believed to be sheltering rebels can be searched by these officials without issuance of a search warrant. This act comes into play once the Governor of the state declares it to be a “disturbed area” for reasons he deems fit, for these reasons may vary. Above all, this act provides the army a sense of immunity to carry out its pre-determined task, so that no objections are raised against its actions except when decided by the Supreme Court. Such freedoms were granted to the army for, as mentioned above, efficiency of operation. But it led to illegitimate use of these freedoms by the army officials and gross excesses committed by them. The case of Major Rehman Hussain who raped many women in the district of Handwara, Chandigarh while on duty is just one example. The figures of rape, molestation of women, cold blooded but unnecessary murders and other incidents of impunity on the part of the army soared exponentially in number after 1958. Thus, revocation of AFSPA was touted to be the panacea of all the grievances experienced by the victims and their families. The Jeevan Reddy Commission, which was given the task of reviewing the Act and suggesting amendments to it, declared the act inhumane and strongly espoused its revocation. In support of his stand, the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, ChristofHeyns, on March 30, 2012, also called for the repeal of AFSPA, saying that: “AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped.” Facing pressure from the political parties and the AFSPA, as we now know it, was modelled on the Armed Forces Special Powers Ordinance, promulgated by the British to suppress the Quit India Movement in 1942. As the title itself suggests, special powers were bestowed on the armed forces, to ensure efficiency in their operation and more importantly, to ensure their immunity. The Act was repealed soon after we gained Independence but when insurgency tensions surfaced in the Naga- dominated areas of Assam and Manipur, the Centre felt it prudent enough to resurrect it in 1958, in all its initial rigidity and rigorousness. Delhi had been unyielding with the accession of these states to the Indian subcontinent, which became the primary reason for their disenchantment with the commonly conceived Indian dream. The Nagas opined that they were of a different social and racial background and that this merger with the Indian Subcontinent was unacceptable, so much so, that they boycotted the Indian Constitution in 1951 and began committing violations against the state by 1952.AFSPA,at first, proved to be extremely meticulous, with the deployed armed forces doing all that they could within the range of their powers, to quell the internal violence and to reinstate normalcy in the states of Assam and Manipur. But many a time, such successful firsts are followed by not-so successful nexts and the history of AFSPA bears evidence to this fact, not only in the North-East but also in Jammu & Kashmir and Punjab. Punjab, more specifically Chandigarh, began witnessing a struggle for hegemony among different Sikh factions in 1982 and the central government declared it to be a “disturbed area”, invoking the AFSPA to restore order to the state. J&K has had insurgency with domestic and foreign dimensions, which gives it a character of its own. Domestically, the centre’s dominance over the state sowed the seeds of alienation in the minds of the people and externally Kashmir has always been the bone of contention between India and Pakistan over which four wars have been fought. Such prevalent conditions of probable internal conflicts and proxy war aims of Pakistan can create difficulties for the state machinery to function and it was in order to do away with such situations, that the AFSPA was implemented in Kashmir in 1990. In spite of its noble intentions, AFSPA has been criticised time and again because of the magnitude of In spite of its noble intentions, AFSPA has been criticised time and again because of the magnitude of power conferred under this act to the army. The structural framework of the initial 1958 act was extremely vague with the army given the discretion to decide the parameters of suspicion and act upon that suspicion as well. All army officials, regardless of the post, could use force, arrest and even kill any person they suspect of being involved in terrorist activities or having possession of arms. Any particular place which is believed to be sheltering rebels can be searched by these officials without issuance of a search warrant. This act comes into play once the Governor of the state declares it to be a “disturbed area” for reasons he deems fit, for these reasons may vary. Above all, this act provides the army a sense of immunity to carry out its pre-determined task, so that no objections are raised against its actions except when decided by the Supreme Court. Such freedoms were granted to the army for, as mentioned above, efficiency of operation. But it led to illegitimate use of these freedoms by the army officials and gross excesses committed by them. The case of Major Rehman Hussain who raped many women in the district of Handwara, Chandigarh while on duty is just one example. The figures of rape, molestation of women, cold blooded but unnecessary murders and other incidents of impunity on the part of the army soared exponentially in number after 1958. Thus, revocation of AFSPA was touted to be the panacea of all the grievances experienced by the victims and their families. The Jeevan Reddy Commission, which was given the task of reviewing the Act and suggesting amendments to it, declared the act inhumane and strongly espoused its revocation. In support of his stand, the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, ChristofHeyns, on March 30, 2012, also called for the repeal of AFSPA, saying that: “AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped.” Facing pressure from the political parties and the populace in general, the Act was amended in 1990 and since then there has been a marked decline in the cases of human rights violations. The Act was amended to include a fixed set of parameters which could help determine whether or not a place was “disturbed” so that this decision would not rely on the judgment of the state officials alone. Moreover, the amended act prescribes a degree of leniency to be used while dealing with suspects and those who violate the law. The perception that, while operating under AFSPA, the army is the perpetrator, the sole judge and the jury is slowly turning out to be baseless as now a list of DO’S and DONT’S adorn the act and have acquired legal character as well. This has limited the powers of the army to a large extent, and for the better, really. There might be three kinds of lies with statistics being one of them, but one shouldn’t completely overlook them. In the case of the fall in the number of allegations against the army, the numbers speak for themselves. Huffington Post reported, “The allegations reduced from as many as 1170 between 1990-99, to 226 during the period 2000-04, to 54 during 2005-09. Only 9 allegations were levelled in 2009, 6 in 2010 and 4 in 2011.” However, people do not tend to forget the injustices meted out to them and in that process fail to give credence to the good that is done. One of the gravest mistakes committed by the army was perhaps the failure to communicate with the public, attempting to explain how it tried to redress the wrongs and how its mechanism of working has changed, hence the figures given above. What people also disregard is thefact that the excesses committed by the army are high not only in the AFSPA oppressed states but in general throughout India as well. Several options are being considered as alternatives to AFSPA in its present form, from complete revocation to partial revocation (revocation of the act from certain areas) as well as replacing it with the Unlawful Activities (Prevention) Act, 1967, which though provides the required protection to the army, promises to prevent the misuse of power by the very same army. In conclusion, the uncompromising nature of AFSPA is now a matter of history. The centre and the state have to make concerted efforts to understand the nitty-gritties of this act and how it should be applied to the relevant states in the current scenarios. Measured steps are the need of the hour as knee-jerk reactions will take the clock backwards. Deciding on the way ahead is a concern that can no longer be compromised upon. #AFSPA #Domestic #Kashmir