In a conflict-prone border province such as Jammu and Kashmir (J&K), security forces have to tackle not only terrorism but also engage in counter-insurgency operations in a precise and just manner. The Pir Panjal Valley, comprising Poonch and Rajouri districts, has witnessed fierce encounters between security forces and militants in jungle terrain, leading to the death of 28 soldiers this year. The death of three civilians who were detained by the Army in the Poonch-Rajouri area following a deadly ambush on an Army convoy on December 21, and the fact that five other civilians were badly injured due to alleged torture by the security forces, is a severe indictment of the counter-insurgency tactics there. Such heinous actions by security forces targeting civilians in response to militant attacks are clearly problematic, on two counts. First, this increases the unpopularity of a regime that has not been democratically elected in the Union Territory where provincial elections have not been held for more than half a decade. This is a blow against counter-insurgency in an area that has been relatively more peaceful in comparison to the Kashmir Valley. In fact, the Pir Panjal region has been experiencing militancy in the last two years after relative calm for a decade and a half. Counter-insurgency operations of the kind that followed the ambush last week breed discontent among residents in a region which has not been supportive of militancy in the near past.
One of the aims of militants in the asymmetric warfare waged against Indian security forces is to provoke the forces into committing rights violations against civilians and to use grievances and indignation among them to increase their own support base. Such actions by security forces play into the hands of militants and their handlers across the border. Second, the legitimacy of force or violence and its use by the state depend on the justness of the actions. Indiscrimination in the use of violence targeting civilians without just cause only results in the questioning of that legitimacy in the eyes of the people. The J&K police have registered a murder case against unidentified persons following the deaths of the civilians and the Army has taken three senior officers off their posts while promising an inquiry. Both these agencies must now deliver justice quickly and in a firm manner. “Fake encounter” deaths and torture by security agencies in the Valley have resulted in spurts of increased militancy besides public outrage that developed into major law and order situations. The Bharatiya Janata Party-led Union government has tried to use a no-holds barred security-centric approach to tackle the problem of militancy and public anger in J&K. The repeated acts of rights violations and crimes in the name of counter-insurgency are clear evidence that this approach is not working.
