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LATEST NEWS UPDATES | Apex court ruling on Salwa Judum

Apex court ruling on Salwa Judum

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published Published on Jul 11, 2011   modified Modified on Jul 11, 2011
-The Economic Times

The Supreme Court's July 5 ruling asking the government of Chhattisgarh to disband its so-called Special Police Officers has a bearing on the entire conduct of anti-insurgency operations across the country. The Union government as well as state governments will do well to take this fully on board, to avoid further raps from the judiciary. At the operational level, the Court has delegitimised and demobilised the armed bands used by the government against Maoists, and asked the Centre to not fund such militias.

It has also called for an inquiry by the Central Bureau of Investigation into excesses conducted by one such militia in Chhattisgarh. At a more general level, the Court takes up and refutes the view that Constitution, its values, rights and provisions can be held in abeyance while containing insurgents. The state upholds and acts in the name of the law against those who challenge the constitutional order itself, and is obliged to follow the spirit and letter of the law. The Court also comes down heavily on the failure of the state to modulate its counter-insurgency strategy to accommodate the role of its own moral and functional lapses in giving rise to widespread violent resistance by sections of the poor against deprivation and dispossession. This is welcome vindication of the capacity of the institutions of democracy to perform checks and balances on one another to deepen democracy.

That said, it is unfortunate that the Court chose to pass facile judgment on economic paradigms and development strategies. By describing India's current set of policies as neo-liberal, the Court gave legitimacy to populist rants on the subject. That the Union government can today spend .`12 lakh crore to advance popular welfare stems wholly from the success of the policies the Court dismissed as privatisation leading to emaciated state capacity to finance vital functions. The Court fails to distinguish between economic reforms and the unreformed, degenerate politics that aborts much of the emancipatory potential of economic reforms. This failure is a disservice to itself and to the nation as a whole.

The Economic Times, 11 July, 2011, http://economictimes.indiatimes.com/opinion/editorial/apex-court-ruling-on-salwa-judum/articleshow/9179776.cms


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