INTRODUCTION
Recently, military operations held in Poonch and Tangdhar areas of Jammu & Kashmir has caused big concerns about the rights of civilians and whether any international war laws got broken. These operations were said to be for catching militants, but reports came out that some civilians were also killed or harmed. So now the question is, did the army follow the law, or did some rules of war not followed?
BACKGROUND
After a big ambush in Poonch that killed some soldiers, Indian Army launched strong combing operations in the hilly areas of Poonch and Tangdhar. News reports and some local sources said that civilians in those villages got affected badly – some were beaten, some disappeared, some even got killed. Some media articles and human rights activists say there was misuse of power, especially against poor and tribal people.
Though army said they were targeting only militants and followed all procedure, the stories from villages show a different picture. Because of this, lawyers and rights people are asking – is this just operation or something more serious like war crime?
KEY POINTS
Under Geneva Conventions, which India has signed, soldiers must always protect civilians. Rules say there must be distinction between who is fighting and who is not. Also, even if force is used, it must be proportional, not too much than needed.
If a person is not armed or not part of war, harming them is not legal. If the army caused harm without checking properly, or hurt people who were innocent, it can be seen as breaking war laws or even war crime under international rules.
Also, under Indian Constitution Article 21, every person has right to life, even in conflict zones. Army working under AFSPA does not mean they can avoid law completely. If reports are true, court can ask for investigation under Army Act or CrPC.
RECENT DEVELOPMENT
Some civil groups and lawyers have written to the National Human Rights Commission (NHRC) and asked for enquiry. A few PILs also may be filed asking for truth to come out. But many times, these things don’t go further because army says national security is involved. Still, as per law, there should be transparency and accountability.
Till now, government has not said anything clearly, but people in the area are asking for justice. Social media and local news are giving voice to the families who suffered.
CONCLUSION
Military operations must follow law and human rights, not just orders. If civilians are affected, there must be proper check and accountability. India is a democracy and also part of world legal system. Just saying “we were fighting terrorists” is not enough if rules were broken. War laws are not only for global wars, but also for small conflicts inside a country.
Law should protect both – country and the common man. It is time courts and rights bodies take a strong look at what happened in Poonch and Tangdhar.
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WRITTEN BY PRIYANKA DESHIKAN.
