ARMED FORCES (SPECIAL POWERS) ACT, 1958 (AFSPA)

1. Context

The Union Home Ministry extended for another six months the disturbed area status in parts of Arunachal Pradesh and Nagaland under the Armed Forces (Special Powers) Act, 1958

2.Armed Forces (Special Powers) Act, 1958

The Armed Forces (Special Powers) Act, 1958, often referred to as AFSPA, is an Indian law that grants special powers to the armed forces in designated "disturbed areas" in order to maintain public order. The act was originally enacted on September 11, 1958, to deal with the insurgency in the northeastern states of India.

The Act in its original form was promulgated by the British in response to the Quit India movement in 1942. After Independence, Prime Minister Jawaharlal Nehru decided to retain the Act, which was first brought in as an ordnance and then notified as an Act in 1958

3.Key Provisions of the Act

Key provisions of AFSPA include:

Arrest and Search: Under AFSPA, security forces are empowered to arrest anyone without a warrant and to search any premises in the designated area if they have "reasonable suspicion" that the person or place is linked to unlawful activities.
Shoot to Kill: In certain situations, the act provides legal immunity to armed forces personnel who use force, even if it results in the death of a person, as long as they believe it to be necessary for the maintenance of public order.
Detention: The act allows for the detention of individuals without filing formal charges for up to six months, extendable by another six months with permission from the government.
Legal Protections: Under AFSPA, legal proceedings against armed forces personnel can only be initiated with the prior approval of the central government, making it difficult to hold them accountable for alleged abuses.
Designated Disturbed Areas: The act is typically applied in areas that are declared "disturbed" by the state or central government. This designation allows for the deployment of armed forces with these special powers.

4. Challenges around AFSPA

AFSPA has been a subject of significant controversy and criticism over the years. Human rights organizations and activists have raised concerns about its potential for abuse, including allegations of extrajudicial killings, torture, and other human rights violations by security forces.
Critics argue that the act undermines accountability and can lead to the misuse of power by the armed forces
The AFSPA has been criticized for giving the armed forces too much power and for violating the human rights of civilians
There have been numerous allegations of extrajudicial killings, torture, and other human rights abuses by the armed forces under the AFSPA
The AFSPA has also been criticized for undermining the authority of the state police and for creating a climate of fear and distrust among civilians

5. Current Status of AFSPA

The AFSPA is currently in force in the states of Assam, Manipur, Nagaland, and parts of Arunachal Pradesh.
In 2022, the Government of India partially lifted the AFSPA from parts of Assam, Manipur, and Nagaland.
There have been calls for the AFSPA to be repealed altogether, but the government has argued that it is necessary to maintain public order in the affected areas.

6. Way forward

Various states in India, especially in the northeastern region and Jammu and Kashmir, have experienced prolonged periods of insurgency and conflict, and AFSPA has often been applied in response to these security challenges. However, there have been calls for its repeal or significant amendment to address the concerns of human rights violations and improve accountability.

For Prelims: AFSPA, Disturbed Areas, North Eastern States, Fifth Schedule, Sixth Schedule of Indian Constitution

For Mains: 1.Discuss the historical evolution and significance of the Armed Forces (Special Powers) Act, 1958. Examine the criticisms and concerns associated with its application in conflict zones in India. What reforms, if any, are required to address these concerns?

2.Critically evaluate the international perspective on the Armed Forces (Special Powers) Act, 1958, and its impact on India's image as a democratic nation. How does AFSPA affect India's relations with neighboring countries and international human rights organizations?

Previous Year Questions

1.Recently, the Armed Forces (Special Powers) Act was completely removed from which one of the following States? (UPSC CAPF 2018)

A. Arunachal Pradesh

B. Nagaland

C. Meghalaya

D. Assam

Answer (C)

Source: indianexpress

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ARMED FORCES (SPECIAL POWERS) ACT, 1958 (AFSPA)

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