The Union government has extended the Armed Forces (Special) Powers Act (AFSPA) in Arunachal Pradesh and Nagaland, while removing it from some areas in Northeast India. AFSPA grants extraordinary powers and immunity to the armed forces to maintain law and order in “disturbed areas.” However, there have been allegations of human rights violations and extrajudicial arrests and killings under the garb of AFSPA. Critics argue that the act has failed to restore normalcy in disturbed areas and violates the principle of natural justice. The Indian army needs to restructure its approach to operations in states where people are developing zero tolerance to human rights violations.
What is the Armed Forces (Special) Powers Act (AFSPA)?
The Armed Forces (Special Powers) Act was enacted in 1958, granting extraordinary powers and immunity to the armed forces to bring back order in “disturbed areas.” The act authorizes armed forces to prohibit a gathering of five or more persons in an area, use force or open fire if a person is in contravention of the law, arrest a person without a warrant if reasonable suspicion exists, enter or search a premises without a warrant, and ban the possession of firearms.
The army can also stop, search and seize any vehicle, destroy arms/ammunition dumps, fortifications/shelters/hideouts, and make arrests without warrants under Section 4. Any person arrested or taken into custody may be handed over to the officer in charge of the nearest police station along with a report detailing the circumstances that led to the arrest.
Why was AFSPA imposed?
The act plays a crucial role in maintaining law and order in disturbed areas, thus protecting the sovereignty and security of the nation. It boosts the morale of the armed forces, ensuring public order in the disturbed areas as removal of the act would lead to militants motivating locals to file lawsuits against the army. The armed forces are deployed in counter-insurgency/terrorist operations when all other forces available to the state have failed to bring the situation under control.
Arguments against AFSPA
Critics argue that AFSPA violates human rights and has often led to allegations of fake encounters and other human rights violations by security forces in disturbed areas. Human rights violations in AFSPA areas are not inquired into and followed by adequate action, violating the principle of natural justice. The act abrogates the right to constitutional remedy given in article 32(1) of the Constitution under Section 6. Critics also argue that AFSPA has failed in its objective of restoring normalcy in disturbed areas, although being in existence for about 50 years.
Way ahead
It needs to be emphasised that human rights compliance and operational effectiveness are not contrarian requirements. Adherence to human rights norms and principles strengthens the counter-insurgency capability of a force. The Indian army needs to restructure its approach to operations in states where people are developing zero tolerance to human rights violations.
In 2005, the Justice Jeevan Reddy Committee recommended that AFSPA be repealed, highlighting that the act has become “a symbol of hate and an instrument of discrimination and high-handedness.” The terms like “disturbed,” “dangerous,” and “land forces” need to be clearly defined to ensure greater clarity. Development of disturbed areas is required to counter insurgencies and lack of economic opportunities that lead to unrest.
Why In News
In a move that has drawn mixed reactions, the Union government has extended the controversial Armed Forces (Special) Powers Act (AFSPA) in Arunachal Pradesh and Nagaland, while also partially lifting it from some areas in Northeast India. The AFSPA has been a subject of criticism for its alleged human rights violations and the government’s decision is likely to reignite the debate surrounding the Act.
MCQs about The Armed Forces (Special Powers) Act
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The Armed Forces (Special) Powers Act (AFSPA) has been extended in which Indian states?
A. Arunachal Pradesh and Nagaland
B. Assam and Manipur
C. Meghalaya and Tripura
D. None of the above
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Which region of India saw the removal of AFSPA in some areas?
A. North India
B. South India
C. Northeast India
D. Central India
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What is the Armed Forces (Special) Powers Act (AFSPA)?
A. An act that provides special powers to the armed forces in certain areas
B. An act that provides special powers to the police in certain areas
C. An act that provides special powers to the judiciary in certain areas
D. None of the above
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What is the reason behind the extension of AFSPA in Arunachal Pradesh and Nagaland?
A. To prevent insurgency and maintain law and order
B. To increase the power of the army in these areas
C. To provide more rights to the citizens
D. None of the above
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