Sunday, November 13, 2011

AFSPA: Soldiers clear of Implications , but is everyone else?

"Obey as per the order or suffer the consequences." has the same emotional and tonal quality as:

Brigadier-General Reginald E.H. Dyer  :
Do you want war or peace? If you wish for a war, the Government is prepared for it, and if you want peace, then obey my orders and open all your shops; else I will shoot. For me the battlefield of France or Amritsar is the same. I am a military man and I will go straight. Neither shall I move to the right nor to the left. Speak up, if you want war? In case there is to be peace, my order is to open all shops at once. You people talk against the Government and persons educated in Germany and Bengal talk sedition. I shall report all these. Obey my orders. I do not wish to have anything else. I have served in the military for over 30 years. I understand the Indian Sepoy and Sikh people very well. You will have to obey my orders and observe peace. Otherwise the shops will be opened by force and Rifles. You will have to report to me of the Badmash. I will shoot them. Obey my orders and open shops. Speak up if you want war? You have committed a bad act in killing the English. The revenge will be taken upon you and upon your children."[31]
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After reading the above words on the lines of your own statement:"Obey as per the order or suffer the consequences."
don't you feel even little remorse?

If you dont, please read on:


Mr. CHURCHILL

I agree absolutely with what my right hon. Friend has said, and the opinions he has quoted of the Adjutant-General in India, of the distasteful, painful, embarrassing, torturing situation, mental and moral, in which the British officer in command of troops is placed when he is called upon to decide whether or not he opens fire, not upon the enemies of his country, but on those who are his countrymen, or who are citizens of our common Empire. No words can be employed which would exaggerate those difficulties. But there are certain broad lines by which, I think, an officer in such cases should be guided. First of all, I think he may ask himself, Is the crowd attacking anything or anybody? Surely that is the first question. Are they trying to force their way forward to the attack of some building, or some cordon of troops or police, or are they attempting to attack some band of persons or some individual who has excited their hostility? Is the crowd attacking? That is the first question which would naturally arise. The second question is this: Is the crown armed? That is surely another great simple fundamental question. By armed I mean armed with lethal weapons.
Men who take up arms against the State must expect at any moment to be fired upon. Men who take up arms unlawfully cannot expect that the troops will wait until they are quite ready to begin the conflict—

Armed men are in a category absolutely different from unarmed men. An unarmed crowd stands in a totally different position from an armed crowd. At Amritsar the crowd was neither armed nor attacking. [Interruption.] I carefully said that when I used the word "armed" I meant armed with lethal weapons, or with firearms. There is no dispute between us on that point. "I was confronted," says General Dyer, "by a revolutionary army." What is the chief characteristic of an army? Surely it is that it is armed. This crowd was unarmed. These are simple tests which it is not too much to expect officers in these difficult situations to apply.
But there is another test which is not quite so simple, but which nevertheless has often served as a good guide. I mean the doctrine that no more force should be used than is necessary to secure compliance with the law. There is also a fourth consideration by which an officer should be guided. He should confine himself to a limited and definite objective, that is to say to preventing a crowd doing something which they ought not to do, or to compelling them to do something which they ought to do. All these are good guides for officers placed in the difficult and painful situation in which General Dyer stood.
My right hon. Friend (Sir E Carson) will say it is easy enough to talk like this, and to lay down these principles here in safe and comfortable England, in the calm atmosphere of the House of Commons or in your armchairs in Downing Street or Whitehall, but it is quite a different business on the spot, in a great emergency, confronted with a howling mob, with a great city or a whole province quivering all around with excitement. I quite agree. Still these are good guides and sound, simple tests, and I believe it is not too much to ask of our officers to observe and to consider them. After all, they are accustomed to accomplish more difficult tasks than that. Over and over again we have seen British officers and soldiers storm entrenchments under the heaviest fire, with half their number shot down before they entered the position of the enemy, the certainty of a long, bloody day before them, a tremendous bombardment crashing all around—we have seen them in these circumstances taking out their maps and watches, and adjusting their calculations with the most minute detail, and we have seen them show, not merely mercy, but kindness, to prisoners, observing restraint in the treatment of them, punishing those who deserved to be punished by the hard laws of war, and sparing those who might claim to be admitted to the clemency of the conqueror. We have seen them exerting themselves to show pity and to help, even at their own peril, the wounded. They have done it thousands of times, and in requiring them, in moments of crisis, dealing with civil riots, when the danger is incomparably less, to consider these broad, simple guides, really I do not think we are taxing them beyond their proved strength.

We cannot admit this doctrine in any form. Frightfulness is not a remedy known to the British pharmacopœia. I yield to no one in my detestation of Bolshevism, and of the revolutionary violence which precedes it. I share with my right hon. and learned Friend (Sir E. Carson) many of his sentiments as to the world-wide character of the seditious and revolutionary movement with which we are confronted. But my hatred of Bolshevism and Bolsheviks is not founded on their silly system of economics, or their absurd doctrine of an impossible equality. It arises from the bloody and devastating terrorism which they practice in every land into which they have broken, and by which alone their criminal regime can be maintained. I have heard the hon. Member for Hull (Lieut.-Commander Kenworthy) speak on this subject. His doctrine and his policy is to support and palliate every form of terrorism as long as it is the terrorism of revolutionaries against the forces of law, loyalty and order. Governments who have seized upon power by violence and by usurpation have often resorted to terrorism in their desperate efforts to keep what they have stolen, but the august and venerable structure of the British Empire, where lawful authority descends from hand to hand and generation after generation, does not need such aid. Such ideas are absolutely foreign to the British way of doing things.
These observations are mainly of a general character, but their relevance to the case under discussion can be well understood, and they lead me to the specific circumstances of the fusillade at the Jallianwallah Bagh. Let me marshal the facts. The crowd was unarmed, except with bludgeons. It was not attacking anybody or anything. It was holding a seditious meeting. When fire had been opened upon it to disperse it, it tried to run away. Pinned up in a narrow place considerably smaller than Trafalgar Square, with hardly any exits, and packed together so that one bullet would drive through three or four bodies, the people ran madly this way and the other. When the fire was directed upon the centre, they ran to the sides. The fire was then directed upon the sides. Many threw themselves down on the ground, and the fire was then directed on the ground. This was continued for 8 or 10 minutes, and it stopped only when the ammunition had reached the point of exhaustion.

It stopped only when it was on the point of exhaustion, enough ammunition being retained to provide for the safety of the force on its return journey. If more troops had been available, says this officer, the casualties would have been greater in proportion.
If the road had not been so narrow, the machine guns and the armoured cars would have joined in. Finally, when the ammunition had reached the point that only enough remained to allow for the safe return of the troops, and after 379 persons, which is about the number gathered together in this Chamber to-day, had been killed, and when most certainly 1,200 or more had been wounded, the troops, at whom not even a stone had been thrown, swung round and marched away. I deeply regret to find myself in a difference of opinion from many of those with whom, on the general drift of the world's affairs at the present time, I feel myself in the strongest sympathy; but I do not think it is in the interests of the British Empire or of the British Army, for us to take a load of that sort for all time upon our backs. We have to make it absolutely clear, some way or other, that this is not the British way of doing business.
I shall be told that it "saved India." I do not believe it for a moment. The British power in India does not stand on such foundations. It stands on much stronger foundations. I am going to refer to the material foundations of our power very bluntly. Take the Mutiny as the datum line. In those days, there were normally 40,000 British troops in the country, and the ratio of British troops to native troops was one to five. The native Indian Army had a powerful artillery, of which they made tremendous use. There were no railways, no modern appliances, and yet the Mutiny was effectively suppressed by the use of a military power far inferior to that which we now possess in India. Since then the British troops have been raised to 70,000 and upwards, and the ratio of British to native troops is one to two. There is no native artillery of any kind. The power and the importance of the artillery has increased in the meantime 10 and perhaps 20-fold. Since then a whole series of wonderful and powerful war inventions have come into being, and the whole apparatus of scientific war is at the disposal of the British Government in India—machine guns, the magazine rifle, cordite ammunition, which cannot be manufactured as gunpowder was manufactured except by a scientific power, and which is all stored in the magazines under the control of the white troops. Then there have been the great develop- ments which have followed the conquest of the air and the evolution of the aeroplane. Even if the railways and the telegraphs were cut or rendered useless by a strike, motor lorries and wireless telegraphy would give increasingly the means of concentrating troops, and taking them about the country with an extraordinary and almost undreamed-of facility. When one contemplates these solid, material facts, there is no need for foolish panic, or talk of its being necessary to produce a situation like that at Jallianwallah Bagh in order to save India. On the contrary, as we contemplate the great physical forces and the power at the disposal of the British Government in their relations with the native population of India, we ought to remember the words of Macaulay— and then was seen what we believe to be the most frightful of all spectacles, the strength of civilisation without its mercy. Our reign in India or anywhere else has never stood on the basis of physical force alone, and it would be fatal to the British Empire if we were to try to base ourselves only upon it. The British way of doing things, as my right hon. Friend the Secretary of State for India, who feels intensely upon this subject, has pointed out, has always meant and implied close and effectual co-operation with the people of the country. In every part of the British Empire that has been our aim, and in no part have we arrived at such success as in India, whose princes spent their treasure in our cause, whose brave soldiers fought side by side with our own men, whose intelligent and gifted people are co-operating at the present moment with us in every sphere of government and of industry. It is quite true that in Egypt last year there was a complete breakdown of the relations between the British and the Egyptian people. Every class and every profession seemed united against us. What are we doing? We are trying to rebuild that relationship. For months, Lord Milner has been in Egypt, and now we are endeavouring laboriously and patiently to rebuild from the bottom that relation between the British administration and the people of Egypt which we have always enjoyed in the past, and which it was so painful for us to feel had been so suddenly ruptured. It is not a question of force. We had plenty of force, if force were all that was needed.
What we want is co-operation and goodwill, and I beseech hon. and right hon. Gentlemen to look at the whole of this vast question, and not merely at one part of it. If the disastrous breakdown which has occurred in a comparatively small country like Egypt, if this absolute rupture between the British administration and the people of the country had taken place throughout the mighty regions of our Indian Empire, it would have constituted one of the most melancholy events in the history of the world. That it has not taken place up to the present is, I think, largely due to the constructive policy of His Majesty's Government, to which my right hon. Friend the Secretary of State for India has made so great a personal contribution. I was astonished by my right hon. Friend's sense of detachment when, in the supreme crisis of the War, he calmly journeyed to India, and remained for many months absorbed and buried in Indian affairs. It was not until I saw what happened in Egypt, and, if you like, what is going on in Ireland to-day, that I appreciated the enormous utility of such service, from the point of view of the national interests of the British Empire, in helping to keep alive that spirit of comradeship, that sense of unity and of progress in co-operation, which must ever ally and bind together the British and Indian peoples.
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Now, think hard. Does the situation that demands  and justify force as stated above   require  immunity from all Criminal laws of the country ( AFSPA) ?

AFSPA is blanket immunity from all criminal laws of the country. With AFSPA, Indian Government is acting worse than the colonial power. We are acting like a colonial power over Kashmir and North East.

If the criteria laid down by  Mr Churchill are met, you do not require AFSPA. You do not need Magistrate's signature for Aid to Civil authority.

Then why should Army insist on AFSPA: Complete immunity from all criminal law and power to shoot to kill with no question asked?
You be the judge.

Sir, do you feel little remorse at Brig Gen Dyer's words: "Obey as per the order or suffer the consequences."

If you don't, the problem is little deeper than originally imagined: psychopathic!

Psychopathy (/saɪˈkÉ'pəθi/[1][2]) is a mental disorder characterized primarily by a lack of empathy and remorse, shallow emotions, egocentricity, and deceptiveness. Psychopaths are highly prone to antisocial behavior and abusive treatment of others, and are very disproportionately responsible for violent crime. Though lacking empathy and emotional depth, they often manage to pass themselves off as average individuals by feigning emotions and lying about their pasts.

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