“Laws cannot remain silent when the cannons roar,” the Supreme Court of India declared earlier this week, upturning Cicero's dictum to pronounce a historic judgment on the violent darkness that has enveloped the heart of India in Chhattisgarh. While the State and Union governments have predictably announced their intention to seek a review, the court's decision to disarm and disband the forces of mostly young, barely literate, and poorly trained Special Police Officers (SPOs) deployed by the state in the fight against Maoist insurgents is a blow for constitutional order. “Modern constitutionalism,” the court noted, “posits that no wielder of power should be allowed to claim the right to perpetrate ... violence against anyone, much less its own citizens, unchecked by law and notions of innate human dignity of every individual.” The burden of the judgment is simple: the country does face a threat from the Maoist insurgency but any attempt by the state to use “lawless violence” as a counter will only perpetuate and intensify the cycle of violence, as “the death toll revealed by the Government of Chhattisgarh” itself indicates. By default as well as design, the SPOs — whether organised under the name of ‘Salwa Judum' or ‘Koya Commandos' — have become the chief instrument of this lawless and failed counter-insurgency strategy. Innocent tribals have been the primary victims, either as targets of the SPOs or as poorly trained foot soldiers in a bloody war the government is not even prepared to properly finance.
In demanding an end to the SPO system, the Supreme Court has acted as much out of concern for the hapless tribal population of Dantewada as for the tribal youth who were press-ganged by their individual circumstances into becoming “cannon fodder” for the state. Chhattisgarh as well as the Union of India were guilty of violating the fundamental rights of citizens at large and the SPOs themselves. The court has also made the link between Chhattisgarh's illegal counter-insurgency strategy and the wider “neoliberal” approach being followed by the government at the Central and State levels. This approach is spawning disaffection among the poor and giving a boost to insurgency. The Salwa Judum is the illegitimate product of a system that sees nothing wrong in giving tax breaks to the rich and guns to the poor to fight each other, the court said. But the Constitution “is most certainly not a ‘pact for national suicide',” it concluded in ordering an end to this state of affairs. These are profound words. Both the Union of India and Chhattisgarh must immediately implement this splendid expression of judicial wisdom, not waste time in seeking a review.
Keywords: Salwa Judum, Koya Commandos, Maoist insurgency
Supreme Court on Salva Judum is correct one and dismantle this force should be a good step. Both Congress and BJP are exposed through this judgement. Actually they are the mentor of such forces to make conflict between the Naxal and poor tribals. The UPA and Chhattisgarh BJP government should dismantle this special police offers cum salva judum immediatly with out further delay.
I am happy to hear this 'judgement' however, I do need to ask one question of the apex court and the editor, how come no one is asking and investigating the fact that empty bellied ,uneducated and with no resources of their own, these Maoists are getting arms and ammunition??? Who is financing and who is arranging the logistic supply chain?UPA ? Another scam to make money at the cost of poor to fund their own coffers? Where is the 'opposition'? Are they all in league ?? IT REALLY HURTS. So much is written,discussed and valuable time and precious money spent and Yet, the elementary question alludes.
The decision taken by the Supreme Court is very much correct as giving weapons to tribals is wrong and is inhuman behaviour and the goverment must be strengthened to tackle the problem
SPOs had become vigilantes who targetted not the Maoists but their own brethern as numerous NGOs in Chattisgarh have highlighted. This is unacceptable and the Sc has rightly asked for the disbanding.
As rightly pointed out by many thru their comments above, the needs of the tribals need to be addressed first- be it by providing education or medical facilities etc.
We can't brag abt our nation being on the path of development when ~72% of our population which lives in rural and tribal areas is still struggling to make both ends meet.
And if we have such inclusive development happening, I don't see any need for anyone to pick up arms demanding justice and the maoist menace would die its natural death with no one to support it.
A very apt editorial.The judgement and the words delivered in the judgement will leave a profound mark on every reader. In supreme court lies the hope of the common man that he can look on to another day for a brigher future.
I hope to see more such judgements and hope the authorities don't waste public money on seeking review of judgement in this case or the black money case.
It is not a surprise most of the scholars like you are more worried about the state sponsered terrorism etc but when it comes to maoist insurgencies you turn deaf justifying by claiming social economic conditions the reason.Power of the government must be strenthened to tackle this menance ofcourse with accontability.
I am very pleased with Supreme Court verdict. The people need development in the shape of health,education and other basic amenities for survival and arms and ammunition to kill eachother.
Giving weapons to tribals was wrong in itself in the first , and i wonder why it needs Supreme Court's intervention for the Govt of India and Chattisgarh to understand such basic things , its like creating freinkenstein's monster. Similar situation happened in Afganistan where Americans helped Taliban , armed them, financed them to fight against the Russians in late 1980 , the same Taliban turned against America once they were done with Russians, and they are still a great threat to Americans and the rest of the world. What make GOI / Govt of Chattisgarh think that these armed so called Koya commandos will not make a parallel govt once supposedly they get rid of Maoist. Govt should take control of the situation themselves and not just sit on the fence and see these innocent , untrained tribal get themselves killed in the fight against Maoist , if necessary govt should bring army which is quite capable of handling such threats.
The maoist menace is the result of a long neglect of the aspirations and hopes of the tribal people and is mostly a socio-economic problem and this cannot be eradicated by pitting one group of tribals against another and this is what the Central and State governments have been doing instead of addressing their genuine grievances and finding solutions.Hopefully the Supreme Court's verdict would goad the powers that be to move in the right direction.
There is a general feeling in the minds of some opinion makers and a section of the general public that in matters relating to the country's security human rights and a humane approach to solving problems could be dispensed with. This is a dangerous state of mind and the Supreme Court has recognised this in its judgement in the matter regarding use of SPOs against he Maoists.
The maoists are not nationalist forcess, but persons who believe only in force and supported by country which believes in the disintegration and disappearance of a democratic India. Their support line extends from the Nepal border and the newspaper reports suggest that they are trying to link up with activities of other nations against our country. There is no point in talking on the nicities of the constitution and democracy. I am of the opinion that as they have the support of other countries and and believe in bullets rather than ballots,they have to be treated with their own medicine.
With due respect to SC's verdict.I m not in support of disbanding Salwa-Judum because in my view these local people know more about conditions and situations of that place, so they can work more effectively than any other force deployed there. But before raising them against moist insurgency state should properly train and equip them with proper weapon so that in case of any encounter they can save there life and can give a tight fight to the enemies of the 'peace'.
The Hindu,very bright editorial to enlighten people of constitutional provisions in light of SC directive to disband Salwa Judum and appointment of SPOs to counter naxalism, which are fighting for the poor and tribal against their exploitation for long! Constitutionnever provides state to create private army to counter violences against violences! Naxalism is a social problem and it must be tackled by developing neglected areas,stopping atrocity on poor and tribal and uprooting them from their homes, lands and forests etc. Naxals activities are not against democracy but against the system , being forced on poors by applying neo-liberal policy! Naxalites are doing marvellous work to fight injustices by state terror, landlords, capitalists, corporates, multinationals etc!SC has rightly baned private army of Chhatishgarh govt and its appointments of tribal youths as SPOs to counter naxalites, by commenting bad policy of the govt!.Govtis encouraging poor against poor! www.kksingh1.blogspot.com
It is indeed heart-warming that the supreme court has come to the rescue of the hapless tribals of Chattisgarh. This judgment brings to fore the striking difference between the Supreme Court's accurate interpretation of the constitution and the 'coloured version' of the constitution that the state and the central governments seek to practice! What the tribals of Chattisgarh need are schools, health-care and emplyment opportunities which will bring them back to main-stream India and certainly not arms and ammunition to kill each other ! I do hope that some voluntary organizations will take the trouble to ensure the misled tribals that the constitution of India enforced by the nation's highest court will bring them justice at last.
We are grateful for your forth right analysis. The entire enlightened mass of Indians will heave a collective sigh of relief at the judicial wisdom of Supreme Court . It is sorry spectacle that the both State of MP and Central Government were unable to discern the immorality of creating a Frankenstein SPOs armed civilians to counter Maoists. To treat the Maoist insurgency, fundamentally a social problem, as a law and order issue, is extremely myopic and fraught with alarming dangers. Congress which swears by Gandhi and never fail to capitalize on the saints name to mislead the public, should understand that the Father of Nation rejected the idea that injustice should, or even could, be fought against 'by any means necessary' — if you use violent, coercive, unjust means, whatever ends you produce will necessarily embed that injustice!
The decision has come very late. the unconstitutional means to solve any problem is wrong and this should not be taken as a step by any Government. Although late it's a good decision by the Court.
Unless the state [central government]make amends to its largely faulty planning since independence that has given rise to so many social and economic problems wayward political adventurist activities cannot be stopped.SPOs or no SPOs .If the problem of poverty and oppression of the down trodden section of the society are not addressed properly whatever measures are taken will be an exercise in futility.It is not to say that extra constitutional measures by any regional government will help eradicate the menace of wanton killing perpetrated by a few misguided so called political activists.
it is very happy to hear the verdict of SC regarding disarmment the koya commandos. The gambling action of Chattisgarh govt is creating jeopardy on the lives of poor tribals. Though the Chattisgarh govt is appealing for the tutelage of the tribal people it is not the right way to express their concern.this shows the facile rule of the govt. However the govt should soon abrogate the action of use of SPOs and should think about their well being.
To fight against Maoist insurgency in Chattisgarh,forming of Salwa-Judum or Koya Commandos does not come under our constitutional laws. This simply shows that State or Central government are taking the issue to give power in a unmatured hands in a very stealthy way.Supreme Court of India's decision to disarm these fellows is highly praise worthy and of ample importance.
'The Hindu' which I have been reading from my 13th year (now I am 78+) have lived upto its incisive reporting and editorial comments as in this piece. I have had different perceptions on some matters which it editorially comments, still I am admiring its openness. After all in life one cannot agree on all matters but could appreciate the other point of view. I have learnt this by my touch with 'The Hindu'. Wherever I am, in India or abroad I feel the day is complete when I have seen the day's Hindu edition. Such is its influence and moulding of values in life, be it religion or other aspects. Kudos to You, Editor.
Undoubtedly, this judgment will be the cornerstone of our so called democracy just as much as the Hon'ble Apex Court's 9 judge ruling in the Keshavananda Bharati case. Its high time that the Governments at the Centre and the State respect our Constitution (for whatever it is worth)and it is not used as the Court correctly summed up for permittiing its usage for what I believe too 'forced' pact for national suicide. Rahul Gandhi besides playing silly games in UP has nothing to say about this fantastic judgment! He cannot be blamed as his intellectual capacity leaves much to be desired. I salute the Hon'ble Court. It is doing a fantastic job and to a large extent mitigating the awfulness created by the former CJI Justice Chandrachud and Justice Bhagwati who according to me could still be tried for infringement of constitutional rights ( in that rarest of rare case). The key issue to my mind is that the administration led by the >concerned minister(s) ought to be brought to justice.
The Supreme Court has proved its concern for the people of the land. The formation of Salwa Judum is nothing but state-organised insurgency. We had earlier experienced the funny plight of ' state organised bandh, state-organised dharnas/fast, relay fast, 9to5 fast etc. which are only the gimmicks of the impotent politicians to shield their vacuum. We cannot expect any better from the Government that has happily ignored the atrocities perpetrated by the neighbouring small country but invited its CEO as a special guest on a national day !
With due respect to the ruling of the highest court of the country, I tend to disagree with the editor. SPOs have done a good job in many parts of the country. They have also supplemented intelligence inputs for security agencies against insurgents, extremists, and terrorist groups and organizations. SPOs in protective roles have also been successful in instilling a sense of security among remote villages and habitations where security forces either don't venture or are unable to cover due to various reasons. There must have been cases of excesses by SPOs, which could be handled at the administrative levels. However, a drastic change in strategy through a court ruling will likely aggravate the security situation on the ground. Constitutional propriety notwithstanding, what people are interested in is their right to go on with life unhindered. Such drastic change in local security strategies through judicial mandates are unlikely to help.
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