Salwa Judum or Self-defence Populi?

The Supreme Court order, de-legalising Salwa Judum, has delivered a serious body blow to the ongoing fight against the Maoist’ menace in the red-corridor. This will also be a major set-back to the governmental efforts to contain the armed attack of the Maoists against the mindless Maoists’ armed ambush. While, there is no doubt that it is unconstitutional to arm the citizens in normal circumstances, the conditions prevailing there demanded such an unprecedented step by the state. The outcome of the SC decision appears to be a case of “Good case argued badly”. The terrorising conditions and the insecure atmosphere prevailing there seem to have escaped the notice of the apex court. Otherwise, this important point was not adequately highlighted before the honourable court. Arming the civilians for self-defence against merciless mercenaries/terrorists is being used as an effective strategy in various parts of the world including in India. Punjab, Kashmir, etc are a case in point. No doubt Salwa Judum has the potential to be misused and degenerated into a private army in the countryside. But at the same time it had the participation of the people against the organized violence by the Maoists. Admittedly, it may also be argued that securing the life and property of the citizens is the primary responsibility of the state and hence the state should not abdicate its responsibility to do so and hand it over to the citizens in a dangerous manner, but then it is not possible for the state to extend security matrix to every citizen. Given this, the preventive step for self-defence with the people’s participation cannot be faulted. So, if required, the state must file an urgent Review Petition before the honourable Supreme Court for its reconsideration and reversal of the order. Otherwise, whatever good work done against the Maoists will be frittered away and the Maoists will sooner rather than later gain upper hand in their armed insurgence and violence.