- Ministry of Home Affairs extended the Armed Forces (Special Powers) Act in parts of Manipur, Arunachal Pradesh, and Nagaland for another six months.
About Armed Forces Special Powers Act, 1958 (AFSPA)
- The Armed Forces Special Powers Act traces its history to the colonial era in 1942 wherein the British enforced the Armed Forces Special Powers ordinance to crush the Quit India Movement.
- After Independence, the law was revived in 1958, when AFSPA was passed to deal with the Naga insurgency in Assam and Manipur (the Naga Hills were then part of Assam).
- In 1972, the Act was amended to give the central government the authority to declare any region as a “disturbed area” and impose AFSPA without consent from the respective state governments.
- Following the amendment in 1972, AFSPA was extended to other parts of the Northeast, including Meghalaya, Nagaland, Tripura, and Arunachal Pradesh.
Features of the AFSPA
- Declaration of Disturbed Areas under Section 3 of the Act by the Governor, UT Administrator, or the Central Government can through a notification in the Official Gazette.
- Special Powers for Armed Forces: Section 4 grants armed forces personnel special powers to use force, including lethal measures, against individuals violating laws or engaging in unlawful activities.
- Powers of Arrest without Warrant: Empowers armed forces to arrest individuals without a warrant if there is reasonable suspicion of their involvement in unlawful activities.
- Search and Seizure: Permits armed forces to enter and search premises without a warrant, facilitating swift action against insurgents or lawbreakers.
- Prohibition of Assembly: Prohibits gatherings of five or more individuals in disturbed areas, aiming to prevent potential unrest or violence.
- Immunity from Prosecution: Section 6 Provides legal protection to armed forces personnel from prosecution for actions taken under AFSPA unless the Central Government allows it.
- Periodic Review: The status of disturbed areas and the necessity of AFSPA are subject to periodic review by the government, allowing for adjustments based on the prevailing law-and-order situation.
Positive Implications of AFSPA
- Operational Flexibility: The powers under the Act allow for fast action without legal delays. In 2017, an operation in Nagaland under AFSPA led to the elimination of several key insurgents from NSCN-K.
- Legal Protection: It provides immunity to armed forces personnel from prosecution, allowing them to perform their duties without fear of legal reprisals.
- Ensuring National Security by securing areas vulnerable to insurgency and foreign threats. Operations in Manipur under AFSPA have been instrumental in curbing drug trafficking from the Golden Triangle.
- Deterring Insurgency: It creates a deterrence against anti-national activities and strengthens security in border areas.
- Restoring Political Stability where civilian administration is weak due to insurgency. AFSPA in Assam helped stabilize the state and allowed for the conduct of elections.
Challenges Associated with AFSPA
- Human Rights Violations: As of 2020, there were more than 1,500 extrajudicial killings attributed to AFSPA in Manipur (as per the Supreme Court’s data).
- Alienation of Local Populations: The continued presence of armed forces under AFSPA often leads to alienation and mistrust among civilians.
- Prolonged Enforcement: AFSPA has been in force for decades in certain areas without showing substantial improvement in peace. Nagaland has been under AFSPA since 1958, yet insurgency persists.
- Psychological Impact on Civilians: Continuous military presence affects the mental health of local populations, instilling fear and trauma.
- Judicial Criticism: SC 2016 ruling questioned justification behind excessive use of force under AFSPA.
Supreme Court on AFSPA
- The SC in Naga People’s Movement of Human Rights v Union of India, 1997 upheld the constitutional validity of AFSPA.
- The SC said that:
- Declaration of an area as a disturbed area has to be for a limited time period.
- There must be a periodic review of the declaration every six months prior to its expiry.
Way Forward
- Phased Withdrawal as law-and-order situations improve. AFSPA was lifted from Tripura, Meghalaya and some parts of north eastern states after a significant reduction in insurgent activities.
- Strengthening Accountability for independent investigations. The 2005 Jeevan Reddy Committee recommended the repeal of AFSPA and replacing it with a more humane legal framework.
- Balancing Security and Rights for not infringing on fundamental rights. The Supreme Court’s ruling on “encounter killings” (2016) emphasized human rights in AFSPA regions.
- Political Dialogue with insurgent groups can help in reducing dependence on military measures. E.g. Naga peace accord 2015 Indian government and the National Socialist Council of Nagaland.
- Increased Focus on Development: Address the root causes of insurgency by promoting economic development and improving infrastructure in disturbed areas.
AFSPA is vital for security but must respect human rights; as the Supreme Court noted, “AFSPA does not confer a license to kill.” Phased withdrawal, accountability, and development can ensure peace and democracy.
Reference: The Hindu
UPSC Mains PYQs – Theme – AFSPA
- [UPSC 2015] Human right activists constantly highlight the fact that the Armed forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human right abuses by security forces. What sections of AFSPA are opposed by the activists. Critically evaluate the requirement with reference to the view held by Apex Court.
PMF IAS Pathfinder for Mains – Question 365
Q. AFSPA is often described as a ‘Draconian law’, yet it remains in force in several insurgency-affected regions. Analyse the legal safeguards and security imperatives associated with the Act, and suggest practical reforms. (250 Words) (15 Marks)
Approach
- Introduction: Write a contextual introduction for AFSPA by mentioning the recent extension of the act in Manipur, Nagaland, and Arunachal Pradesh.
- Body: Analyse the legal safeguards in AFSPA, also write security imperatives & suggest practical reforms.
- Conclusion: Emphasis on Dialogue, reforms, & development to establish peace in the North-east region.
