Promoting impotence: On the 2021 Otinge massacre case in Nagaland

Denying permission to the Nagaland Police to prosecute 30 army personnel for killing 13 civilians in December 2021 In a failed campaign, the central government has sent a disheartening message that it is unable or unwilling to do anything about impunity in militancy-hit states. In what was later described as a case of mistaken identity, Six laborers returning home by vehicle from a coal mine bordering Assam He was shot dead by security forces in Oting village of Mon district. Seven more villagers were shot dead after a scuffle with villagers whose bodies were found in an army vehicle. Under Section 6 of the Armed Forces (Special Powers) Act (AFSPA), prior sanction is necessary to prosecute army personnel. A Special Investigation Team of the Nagaland Police completed its investigation in March 2022 and filed a charge sheet in the matter. It had sought sanction to prosecute from the Department of Military Affairs of the Ministry of Defence. The police had claimed that they had confirmed the involvement of 30 personnel, who allegedly violated standard operating procedures and rules of engagement, and resorted to indiscriminate and inconsistent firing at the vehicle. Meanwhile, the army also ordered a court of enquiry, but its outcome is not known. On petitions by the wives of the military personnel involved, the Supreme Court of India stayed the criminal proceedings in July 2022.

The Center has been keen to reduce the areas covered by the law giving special powers to the armed forces in disturbed areas. In recognition of the significant improvement in the security situation in the northeastern region, it has reduced the notified areas in Nagaland, Assam and Manipur in recent years. On the political side, it is working to negotiate peace agreements and disarming insurgents and extremists. However, this is quite inconsistent with its overall policy of creating an environment conducive to peace and development, and of making partners from among those who lay down arms, as the government does not allow prosecution of those who are found to be falsely involved in militancy. suspected of involvement. Proceeding. The credit would go to the government if it had allowed criminal courts to decide the extent of culpability of army personnel. Prosecution of armed forces personnel involved in excesses is rare, leading to a widespread perception that AFSPA is used to promote impunity. The government should demonstrate its commitment to peace in the region and justice for the victims, either by sanctioning their prosecution, or by taking exemplary action based on the findings of the military court of inquiry.