April 2, 2008ChattisgarhConstitutionhome affairsIndiainsurgencyLeftleft-wingMaoistsNaxalitesPublic PolicySecuritysupreme court

On arming citizens to fight insurgents

The battle in the Supreme Court

This is an archived blog post from The Acorn.

The correct way to challenge dubious government policies is to take them to court. So the citizens who filed a public interest litigation (PIL) against the Chattisgarh government’s use of an armed militia to take on the Naxalites did the right thing.

The case is still in progress, but the court’s early comments—well publicised by the media—were noteworthy.

The allegation is that the state is arming private persons. You can deploy as many police personnel or armed forces to tackle the menace. But, if private persons, so armed by the state government, kill other persons, then the state is also liable to be prosecuted for abetting murder” [TOI]

The court is on the right track. Armed militias like Salwa Judum are not only unconstitutional but actually inimical to internal security. They should go.

The government’s defence has been injudicious so far: it was wholly unnecessary to bring in the bogey of an adverse judgement undermining the strategy of using village defence committees (VDCs) in terrorist/insurgent affected areas. For there is a difference between VDCs and armed militias.

The difference lies both in orientation and organisation. VDCs are about empowering citizens to defend themselves and their properties. They are localised units, small in size and with limited capability. Salwa Judum on the other hand has offensive capabilities, an organisational structure with paid cadres and covers large areas. VDCs are more akin to security guards than to armed militias. The government’s counsel would do well not to conflate Salwa Judum with VDCs. (And ensure that VDCs don’t become Salwa Judums)

According to the government, the allegations against Salwa Judum are overstated. That may well be true. It is likely that the court will appoint a commission of inquiry to investigate into the allegations. Yet, it would be far more prudent for the state to conduct flag operations’, demonstrating that the state is capable of delivering governance. For whether the state cedes ground to Salwa Judum or to the Naxalites, it is the state that loses.



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