Dominant or major communities agitating for redressing their grievances, is not uncommon in India. Even before the ongoing Meitei-Kuki agitation in Manipur, Jats in Haryana, Patidars in Gujarat, and Marathas in Maharashtra have protested for varied issues. While Maratha rallies in Maharashtra, remained peaceful, the Jat agitation resulted in huge loss of property, estimated roughly worth Rs 35,000 crore. The State Government appointed a ‘One-man Committee’ headed by Mr Prakash Singh to inquire into Jat agitation that resulted in violence and extensive damage to public and private properties. The Army, called in for aid to civil authorities, had deployed 74 columns to Haryana, roughly equalling 12 battalions, on which the ‘One-man Committee’ wrote that “there were sufficient Army troops to ward off a small-scale attack by an invading army, but they proved ineffective as they were not properly utilised…”

With the experience of the Jat agitation and the current deployment in Manipur, it is necessary to examine Indian Army’s involvement in aid to civil authorities in the realm of law and order. Legal Provisions exist in Cr PC, Army Act and Regulations for the Army for civil authorities to requisition the Army for controlling law and order, maintaining essential services, assisting during natural calamities and any other type of help that may be needed. The Army, over the last seven decades, has created an aura of reliability in the eyes of public and the administration maintaining the principles of good faith, impartiality, fairness and use of minimal force.

The tasks for the Army columns can be varied, from dispersing unlawful assembly or mob control, but can transcend to preventing inter-community violence in urban areas, looting, and arson. The Army columns, more often than not arriving in the area of operation from outside, establish liaison and obtain situational guidance from local administration and police. Each situation is chalk and cheese and dynamics vary greatly, even at topographical levels.

Coming to the recent situation, Manipur is a multi-ethnic border state that has witnessed 50-year old insurgency, with the Meitei people around 53%, various Naga ethnic groups 24% and various Kuki/Zomi tribes (Chin-Kuki-Mizo) at 16%. Manipur is peculiar with part State under Armed Forces Special Powers Act (AFSPA), and part de-notified. AFSPA, as is well known, is an enabling act that empowers Security Forces to operate in insurgency affected areas. In Manipur, 19 sensitive police stations areas falling under seven districts of the state have been de-notified by Disturbed Areas Act and AFSFA. It includes eight police stations from Imphal West, four police stations from Imphal East, three police stations from Bishnupur, entire Thoubal, Kakching, Jiribam and Leimakhong in Kandpokpi. These areas were de-notified from AFSPA due to improvement in security situation in the state.

The law and order situation in Manipur turned tense on 03 May 2023 due to clashes between Kuki & Meitei communities. All-Tribal Students’ Union, Manipur (ATSUM), of Kuki ethnicity on 03 May, 2023, organised a “Tribal Solidarity March” called “Come now let us reason together,” in all hill districts of Manipur. It was endorsed by many others organisations. Insurgent groups under the Suspension of Operations (SoO) pact with the Government of India claimed that they were not involved in the violence.

In response to the requisition received from State administration, 17 columns of Army and Assam Rifles (AR) were deployed immediately on night of 03 May. With the developing situation the number has gone up to 147 columns. This could easily have been one of the largest deployments of the Army and AR ever in aid to civil authorities for maintenance of law and order, and arguably, one of the toughest ones! The flash points continue to be the fringe areas of Churachandpur, Bhishnupur, Kangpokpi and Imphal Valley where mixed population co-exists. The security situation remained fragile with multiple incidents of violence. More than 4000 weapons and 5 lakh rounds of ammunition have been looted from police and the ‘Suspension of Operations’ camps, though some have been returned following the call by the Home Minister. Post the visit of the Home Minister Shri Amit Shah, the violence did reduce considerably. As per media reports 953 arms, 13,351 rounds of ammunition and 223 bombs have been recovered.

In ensuing operations, columns of Army and AR have responded to various contingencies, including intervention in community clashes, prevention of vandalism and arson, protection to civilians, dispersal of mob and assisting civil administration to restore law and order in the state. In addition, over 36,000 internally displaced civilians (Kukis & Meiteis) have been provided assistance. The Army and AR also dominated the fringe areas, especially hugging the Imphal Valley, to ensure safety of minority pockets, and ensuring NH-2 and NH-37to Imphal Valley and adjoining Hill areas are kept open. Regular joint inspections of ‘Suspension of Operation’ camps (Kukis) are being carried out, with an attempt to persuade cadres to return to camps along with weapons and ammunition.

The ways out of this imbroglio as with others like the Jat agitation in Haryana in 2016, need reconciliation between various ethnicities and amelioration of grievances. These are distinct for each region and state and fall in political domain. It is certainly not an argument that AFSPA is required in situations pertaining to law and order. Even in current situation in Manipur re-notifying areas to implement AFSPA is neither the answer and nor the need of the hour.

However, the methodologies for employment of Army in maintenance of law and order need refinement and clear promulgation. As a rule, a formal requisition from the civil authorities for aid to civil authorities is essential. Similarly, professionally established District and State Control Rooms are absolutely mandatory. There are issues of providing camping places and detailed briefings on arrival.

Most importantly is the imperative of allocating a judicial magistrate with every Army (or Assam Rifles) column whenever it moves out from its operating base. The Army columns are to be always accompanied by civilian magistrates, one with each column, who discern the severity of the situation and give written/verbal instructions for mob control or bring any situation under control. The magistrate does not have the power to direct the Army authorities on the means and methods to be employed, a responsibility that rests on the column commander or the Commanding Officer.

The absence of a magistrate, for the Army and Assam Rifles to operate, it will amount to these forces operating with one hand tied to their back. It would expose Army to legal issues subsequently. It is also essential that the detailed Magistrates are themselves aware of legal provisions and the situation in particular. Understandably, to provide 147 Magistrates for each of the Army/ AR Columns is not easy for the State and District Administration. However, there is but no way out of it.

In sum, it must be said to the credit of the Central and State Governments that most situations requiring maintenance of law and order are being handled by State Police with State and Central Armed Police Units. Indeed, Army’s deployment in maintaining law and order with close coordination with the State and local administration is the last resort. However, it does tend to happen, and Army is deployed invariably with a large strength, over a large urban/ rural environs. State Administrations do maintain Internal Security Schemes, though their efficacy remains in doubt. Internal security situations are tense and require very deft handling.

Maintaining law and order is a sacred responsibility for the State and District Administration, and mandates detailed planning and execution. The Prakash Singh Committee Report on the Jat Agitation of 2016 was scathing, in that “the Army’s presence, its flag marches and whatever action it took in Haryana did not have the kind of impact on the rioters one would expect in normal circumstances”. The Report had clearly indicated lack of Administration’s planning and execution. Army is the instrument of last resort, and its deployment must be planned for in detail.

(The paper is the author’s individual scholastic articulation. The author certifies that the article/paper is original in content, unpublished and it has not been submitted for publication/web upload elsewhere, and that the facts and figures quoted are duly referenced, as needed, and are believed to be correct). (The paper does not necessarily represent the organisational stance... More >>