The Soviet-Afghan War, a proxy conflict in the Cold War, devastated Afghanistan and had long-lasting consequences.The Old World officially ended in August 1945 after Japan had offered to surrender without any condition to the Allied Forces. But we all know that World War II ended, but it was replaced by another kind of new war that was neither asymmetrical war nor hybrid war; rather, it was known as Cold War. The world was divided into two blocs after World War II. Two new superpowers came into existence: one was the United States of America, and the other was the Union of Soviet Socialist Republics. So, the United States of America, or in short USA, led the democratic capitalist bloc, and the USSR led the Marxist/socialist/leftist blocs. And both the superpowers were fighting, not directly, through their proxies. So, the Korea War was the first example of Cold War. But today, I will not discuss about Korea War; rather, I will discuss about the Soviet-Afghan War. So, the Soviet-Afghan War took place in Afghanistan. Basically, that war happened from December 1979 to February 1989, for almost nine years. So, that was the beginning, beginning of 46 years long Afghan conflict. Initially, the Afghan military and Red Army of USSR fought the Afghan Mujahideen, religious holy warriors, who were directly supported, aided by the United States of America, and the Islamic Republic of Pakistan was its main base. Though the Afghan rebels or Islamists were backed by several countries, but the majority support to those Islamists or Afghan Mujahideen came from Pakistan, the USA, UK, China, Iran, and Arab states of Persian Gulf. But Pakistan was the main ally of USA against the USSR because Pakistan is a neighbor of Afghanistan, and after Soviet invasion of Afghanistan, million Afghan refugees fled to Pakistan, and Pakistan became the main base of Americans. CIA, or Central Intelligence Agency of USA, secret organization, provided million dollars to the Mujahideen to purchase arms, and Americans were directly providing arms, though not Americans, later Americans supplied deadly Stinger missile. So, I will discuss it later. So, after beginning of that war, million Afghan refugees entered into Pakistan, mainly in Balochistan and North-West Frontier Province, which is now known as Khyber Pakhtunkhwa. Basically, the people of Khyber Pakhtunkhwa and Afghan Pashtuns are of same stock, so racial stratagem, so it was not difficult for them to use as a secure region as its main base. So, American and British involvement on the side of Afghan Mujahideen further escalated the Cold War, and a warm relation between USA and USSR officially ended. So, in '80s, the world saw bloody wars, conflict, military escalation in Afghanistan. And according to the data, the Afghan-Soviet conflict killed one to three million Afghan civilians, and millions fled from their homeland as a result of Soviet invasion, and Afghan refugees sought asylum in Pakistan and Iran. Though exact number is difficult to be given, but decade-long confrontation between the Mujahideen and Russians inflicted grave destruction on Afghanistan. That happened to be a modern state until 1970. Afghanistan ruled by Durranis. I think King Zahir Shah was the last Afghan king. At that time, Afghanistan happened to be a modern state. But the Afghan Mujahideen were resulted in the total destruction of Afghanistan, and now Afghanistan is looking like a medieval state. So, in 1991, the USSR collapsed, but before it, in 1989, USSR decided to withdraw its armies from Afghanistan, and with Soviet withdrawal, that war finally ended, but again it was followed by civil war. So, now I will explain the exact incidents, what happened before Afghan Mujahideen war with Russians. So, in 1979, in the month of March, a violent riot, rebellion was broken out in the Herat, where a large number of Soviet military advisors were executed. That means the Soviet Union sent large number of their military advisors to help the Afghan government and to train the Afghan National Army. At that time, Afghanistan was ruled by People's Democratic Party of Afghanistan. It was a Soviet-backed political party. Its main doctrine was Marxism. That party immediately requested the Soviet Union to send its troops because Afghan National Army was not in a position to fight them. So, at that time, Soviet Premier Alexei Kosygin refused to send troops; rather, he advised then Afghan Prime Minister Nur Muhammad Taraki to use his local army. At that time, Afghanistan was a socialist state, and they always viewed USSR as the role model. But everything changed when Brezhnev became main leader of USSR. He sent Soviet armies to support the Afghan Marxist government which was installed after a Soviet-sponsored execution of then Afghan President Hafizullah Amin. Mr. Amin was considered to be a pro-American president, and the Soviet Union apprehended that he might be an American agent. So, they executed and a new president was installed who was extremely loyal to USSR. So, once the Russians arrived, the Muslim world and Western world immediately condemned it as an invasion. Basically, they thought that it was a ploy of Soviet leaders to reach the warm waters of Arabian Sea, or they wanted to use Afghanistan as its strategic asset, dominate the entire South Asian region. So, Soviet troops, mostly Russians, occupied major cities of Afghanistan like Kandahar, Kabul, Herat, etc., and all major center of communications were occupied by them. And the American-backed Mujahideen, who consider the Marxist communists as infidels, the force of atheists. So, communists were regarded as their enemy number one. So, they continued their fight. So, the Mujahideen was fully exploiting the geographical advantages of Afghanistan, and they were armed by the Americans. Americans already provided them million, perhaps billion dollars. And what happened, the Mujahideens were advised to purchase Kalashnikov rifles from the black market as their basic infantry weapons. The Americans did not supply their weapons to them. So, they were mostly purchasing or using the Russian origin Kalashnikov rifle, machine guns, rockets, I mean RPG, mortars, etc., as their main weapons. And Americans secretly supplied captured weapons of Arab states by Israel to them so as to hide the American involvement, I mean direct involvement of America. So, USSR had initially planned to secure Afghans towns and road network and had withdrawn all its military forces to the towns, main strategic places. In mid '80s, I mean maybe in '84, '85, Soviet military presence in Afghanistan had increased to 15 lakh, and perhaps within two years, maybe in '86 or '87, Soviet Union had nearly three lakh troops in Afghanistan, several thousand tanks, artillery, infantry fighting vehicles, helicopter gunship, even some light aircraft like Sukhoi 24, Sukhoi 27 also used against Mujahideen. So, but in 1987, then moderate Soviet leader Mikhail Gorbachev decided to withdraw Soviet forces from Afghanistan. So, briefly I will discuss with you the backgrounds. We all know that in 19th century, the British Empire was firmly established in today's Indian Pakistan, I mean in British India. But Soviet Union at that time was non-existent; rather, Russia, Russian Empire was always looking Afghanistan, and the British were fearful that Soviet, I mean Soviet Union later became Russians would invade Afghanistan, and that would definitely threaten the British interest. In 1885, Russian forces seized some disputed areas of today's Uzbekistan. At that time, those areas were under Afghan occupation. However, a border agreement was signed between Anglo-Russian governments, and Russian interest in Afghanistan continued through the Soviet era with the USSR was investing billion in economic and military aid. So, we all know that in 1929 or 30, Red Army intervened Afghanistan because Russia later became Soviet Union number one and most powerful state. So, that was going on. But we also know that British India and Afghan border, that was officially known as Durand Line. Durand Line was created by British in 1893 something to demarcate the boundaries between British India and Afghanistan. But rather I will tell you that it was a clever tactics of British government to divide the Pashtun people. Basically, Pashtuns were even today now residing on the both sides of Durand Line. So, Afghanistan was founded by Ahmed Shah Durrani, and Afghan are basically consisting of the Pashtun people, Tajik people, Uzbek people, Hazara people, and Turkmens. So, initially Afghanistan remained neutral in the Cold War. They did not join anyone side. So, in 1960 and 1961, the Afghan army on the orders of Daoud Khan following his policy of Pashtun nationalism made two unsuccessful in interzone into Pakistan Pashtun dominated district. So, that was going on. In 1973, Daoud Khan organized a coup and he seized power from King Zahir Shah in a bloodless coup. No one died, and Afghanistan became a republic. Following his return to power, Daoud revived his Pashtun nationalism, and Pakistan was alarmed, and that was going on. The Marxist People's Party of Afghanistan strength was growing and increasing after its foundation in 1967. It was again divided. So, after the revolution that again happened, Nur Muhammad Taraki assumed the leadership, and then came the rule of Hafizullah Amin who claimed to be a communist. So, finally communist came to power. And next in 1978, Taraki government initiated a series of reforms. That means Taraki government, communist government introduced some reforms, but Afghan people disliked it. Basically, I am telling you that Afghans are fierce people. They, they even today they don't like intervention of any foreign power, and they are devout Muslims. Islam religion which came to Afghanistan in 7th, 8th century, the Afghan people became ardent follower of Prophet Muhammad, and anything that was, that is found against their Islamic faith, that was not unacceptable to Afghan people.That trend is still ongoing today.

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Hungarian revolution of 1956Is Revolution was also known as the Hungarian uprising, an attempted Rebellion against the communist government , that came into existence after the World War II. Hungry was an axis ally of Nazi Germany. The USSR occupied Hungary and April 28 government was established. Hungary became a satellite state of USSR. Soviet government was actually a totalitarian government. Hungarian people are descendants of Slavic and Huns. In disrespect remember the cruel rule Attila the Hun. The Hungerian revolution of lasted for l 15 days, until it was crushed by Soviet tanks. Several thousands hungarians lost their lives m several hundred Russians also lost their lives.On 23rd of October 1956, some University students appealed to the civilian population to protest against Russian authoritarian rule the domination of USSR in its geopolitical interest. At that time, Hungary was ruled by a Stalinist government. The students demanded reform on 16 points, but all the students were detained by security guards. The Hungarian people rose against the Communist Party and the secret police of Hungary. And the local communists and secret policemen were executed. A new government was formed under Imrey Negi, who was the liberal man. Under his leadership hungry had withdrawn from Warshaw pact. The new government agreed to hold new election, hungry was heading towards democracy.Initially the USSR agreed negotiate with the new government and accordingly delete Army withdrew. Russians apprehended Hungary embrace the Western block live by USA would be a big threat two dog communist block. So the Russians betrayed the hungarians and hungry was invaded by several Russian divisions. The Hungarian Army was no match before the might of Russian army and after Fierce resistance the hungarians were defeated. The free hungarians were expecting Western help but that did not come. Finally the new government was rendered useless the leaders were arrested and executive latter. The communist government again was installed in Hungary and hungry again became is satellite state of USSR . The Communist rule finally collapse in 1989 after destruction of Berlin Wall. Now Hungary is a Democratic state.

[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: A K Gopalan v The State(1950,S.C.R.88) was a momentous case in the Constitutional history of India.Any discussion/ lecture on the Constitutional law is incomplete without first examining this case, whether critically or analytically.This case was decided at a time When the Country got independence from British rule and The Constitution of India had come into force,and more than it , for the first timea chapter on Fundamental Rights had been incorporated in the Constitution .The Supreme Court got a golden opportunity to interpret the Article 19,21 and 22 expansively against Executive or legislative power of the state.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: Brief Fact of the case-A K Gopalan,a radical leftist of the Madras Province was detained under the Preventive Detention Act ,1950,and in fact he was detained for several times under the Act.Under Entry 9 of Union list ,the Parliament has the power to enact law on Preventive Detention.Though Preventive Detention is an anathema in modern time,it was justified as a necessary evil to protect the unity and integrity of the state.Even in Britain and America it was used only during the war time ,that too against suspected enemy aliens[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: A K Gopalan filed a habeas Corpus writ petition under Article 32 of the Constitution and challenged the detention ordering a wide ground that the Detention Act ,under which he was detained was void for violating Articles 19 and 21 and also on a narrow ground that it did comply with the requirements of Article 22.Article 22 prescribes certain procedural safeguards against it.Learned Counsel M K Nambiyar on behalf of Gopalan contended that the Detention Act 1959 violated Article 21 and was void on following grounds1.Personal liberty included the freedoms conferred by Article 19(1)(a) to (e) and (g) and the impunged act ( detention act) did not satisfy the test of Article 19(2) to (6).2.The Preventive Detention Act directly violated Gopalans right to move freely , because the freedom of movement is of essence of personal liberty.3.Article 19 (1) and 21 should be read together because Article 19 dealt with substantive rights and Article 21 dealt with procedural rights.4.The reference in Article 21 to Procedure established by law meant due process of law and the Act did not satisfy the requirements of due process of law.5.The word law in Article 21 meant not the state made law but jus naturale ,of the principles of natural justice.The law did not comply with the requirements of Natural justice[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: It will be seen that from 1 to 5 that the proposition that Article 21 applied to the Preventive Detention ,was the foundation of all the reasons,and learned Attorney General M C Seetlevad countered by contending that Article 22 was a complete code and Article 21 didnot apply to Preventive Detention law.All the questions raised some points of immense Constitutional importance and a Six Judge Bench comprising CJI H L J Kania ,Justices P .Shastri ,M C Mahajan,B K Mukherjee ,SS Das and Fazl Ali S was constituted to hear the matters .All the six judges delivered separate judgments after a lengthy hearings .Five learned judges( Fazl Ali dissenting) held that Article 19 did not apply to Preventive Detention thought the freedoms as a result of detention freedoms may be curtailed.Fazl Ali dissented and held that Preventive Detention was a direct infringement of Article 19 and was subject to Judicial review even it was narrowly construed The majority judges did not hold that Article 22 was a complete code ,so they disagreed with learned Attorney General contention and only M C Mahajan alone held Article 22 was a complete code on Preventive Detention.Fazl Ali dissented by holding that " No calamitous or untoward result would follow even if the Provisions of Penal code became justiciable".CJI Kania, and Justices Shastri, Mukherjee and SS Das held the concept of right to move freely throughout the territory of India was entirely different from the Concept of the right to personal liberty.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: Except Justice M C Mahajan who held that Article 22 was a complete code, majority held that Articles 19 (1) and Article 21 did not operate in the same field, because Article 18 conferred rights only one citizens, article 21 conferred rights on all persons. Again if article 21 conferred only procedural rights then the most precious right the Right to life was nowhere found in our Constitution. Therefore the majority held that Article 21 also conferred substanrive rights also. It may be observed that far from holding that fundamental rights were mutually exclusive, Mukherjee held that a substantive law authorizing the deprivation of life must conform to the requirements of Article 20.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: CJI Kania, Justices Mukherjee and SR Das held that law in Article 21 had been used in the sense of State made law and not in the embodying the Principle of Natural Justice, and Procedure established by law meant a law made by Union Parliament or by State legislatures. Justice Shastri held that the law meant Positive or state made law and did not mean jus naturale, but the procedure meant well established criminal procedure. Justice Fazl Ali dissented by holding that whatever Procedure established by law may mean, and must include 1 . Notice 2.opportunity to be heard 3.impartial tribunal 4.orderly procedure. So according to fazl Ali a positive law must include jus naturale.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: The majority judges held that the Procedure established by law didnot mean due process of law as understood in United States of America. The report of Drafting Committe showed that the words Procedure established by law were substituted for the words without due process of law. Our founding fathers were well aware of its abuse by American judges during the New Deal period.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: So in this case, different views were expressed by different judges, so no common points emerged on the correlation of articles 19 to 20,21 and 22 or the meaning of the expression personal liberty.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: But Justice Fazl Ali dissenting points are regarded as one of the greatest dissents of all time. Justice R Nariman paid a rich tribute to Fazl Ali foresight by saying "simply takes our breath away".