+91-8595390705

Armed Forces (Special) Powers Act (AFSPA)

09 Nov 2022 Armed Forces (Special) Powers Act (AFSPA)

Posted at 16:15h in Daily current-affairs by
0 Likes

Significance for Prelims: Armed Forces (Special) Powers Act (AFSPA)

Significance for Mains: Imposition of AFSPA and controversies surrounding AFSA; Impact of AFSPA on the federal structure.

News: Government retained the Armed Forces (Special) Powers Act (AFSPA) in some parts of Assam, Manipur, Nagaland, and Arunachal Pradesh for another six months citing uncertainty over the culmination of the Naga peace process.

Foundation of Armed Forces (Special) Powers Act (AFSPA)

  • Armed Forces Special Powers Ordinance was promulgated by the colonial government of Britain on 15 August 1942, to suppress the Quit India movement. 
  • “Assam disturbed areas” ordinance in 1947 to deal with partition-induced internal security challenges, the Assam Disturbed Areas Act of 1955 to deal with the uprising in the Naga Hills and adjoining areas and The Armed Forces (Assam and Manipur) Special Powers Act, 1958 formed the basis for Armed Forces (Special) Powers Act (AFSPA). 

Government of India invoked various acts to deal with security challenges:

  • For wider applications and when the Northeastern state governments failed to control violence, the parliament passed the Armed Forces Special Powers Act, in 1958.  
  • In 1990, an identical Act specific to Jammu and Kashmir was enacted.

Meaning of AFSPA:

  • AFSPA gave special power to armed forces for maintaining public order in “disturbed areas”. 
  • Powers of Armed Forces: Armed forces can prohibit a gathering of five or more persons in an area and if they feel a person is in contravention of the law they can open fire after giving due warning; Without a warrant, the army can arrest a person on suspicion, enter or search premises; and ban the of firearms possession. 
  • After taking any person into custody army may hand over that person to the officer in charge of the nearest police along with a report detailing the circumstances that led to the arrest.

Imposition of AFSPA:

  • Section 3 of the AFSPA: Under this Governor of a state and administrator of a Union Territory (UT) can declare an area “disturbed”.
  • Thereafter, the governor issued an official notification in The Gazette of India giving the Centre the authority to deploy the “armed forces in aid of the civil power”.
  • Armed forces and Central Armed Police Forces deployed in “disturbed areas” receive unbridled power to kill anyone acting in contravention of the law, they can arrest and search any premises without a warrant and armed personnel can not be prosecuted without the sanction from the Central government. 
  • AFSPA gives powers to any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces for the maintenance of public order “fire upon or otherwise use force” after giving a necessary warning depending upon his discretion. 
  • Periodic review for extension of AFSPA: Assam and Manipur governments issue a notification for periodic review of AFSPA while the Ministry of Home Affairs does it for Tirap, Changlang, Longding and areas falling under Namsai and Mahadevpur police stations bordering Assam falling in Nagaland and Arunachal Pradesh. 
  • According to The Disturbed Areas (Special Courts) Act, 1976 once a region is declared “disturbed”, it has to maintain the status quo for a minimum of three months.

Safety nets available under Armed Forces (Special) Powers Act (AFSPA):

  • Security forces can not open fire without giving prior warning to the suspect. 
  • In case any suspect is apprehended by the security forces he or she should be handed over to the local police station within 24 hours.
  • Armed forces should not act as an independent body, they must act in cooperation with the district administration. 

Controversies surrounding the Act:

  • Allegations that AFSPA gave the armed forces personnel the “license to kill”. 
  • Rights groups maintained that it is a tool of State abuse, oppression and discrimination. 
  • According to the United Nations, AFSPA  has no place in Indian democracy. 
  • ASPA receives staunch opposition from human rights groups for being aggressive.

Incidents that support the repeal of AFSPA: 

  • In the 1950s, the Indian military air bombed Nagaland and Mizoram under AFSPA.  
  • Mass killings and rape Allegations against security forces. 
  • Fallout of AFSPA in Manipur: Malom massacre in 2000, and the killing and alleged rape of Thangjam Manorama. 
  • Manipur’s Irom Sharmila went on a hunger strike in November 2000 and continued till August 2016 after ten people were killed waiting at a bus stop in Malom in Manipur. 
  • Mon firing incident in Nagaland where security forces incessantly opened fire on a vehicle carrying coal miners without giving prior warning. 
Concept of “ disturbed area” under Section 3 of the AFSPA: 

  • The whole or part of the state or Union Territory can be declared as disturbed by the Central Government, States Governor or Union Territory administrator. 
  • For declaring an area as disturbed a suitable notification have to be made in the Official Gazette. 
  • As per Section 3 of the AFSPA “disturbed areas” can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.
  • In the majority of cases, the Ministry of Home Affairs enforce AFSPA according to necessity but in case of exceptions, State governments can also enforce AFSPA. 
  • An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities. 

States under AFSPA: 

  • Entire Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal) and parts of Arunachal Pradesh are under this act. 
  • In Arunachal Pradesh, AFSPA was reduced in eight police stations in Tirap, Longding and Changlang districts bordering Assam.
  • Jammu and Kashmir too have a similar Act.

Due to changing political scenarios and public demand various state governments repealed the AFSPA:

  • Punjab withdrew from AFSPA in 1997 followed by Tripura in 2015. 
  • Before 1st April 2018, AFSPA was effective in a 20 km area along the Assam-Meghalaya border after that AFSPA was revoked by the centre from Meghalaya.
  • In 2004, Manipur had withdrawn AFSPA from seven Assembly constituencies surrounding the State capital Imphal. 

Centre -States relations with respect to AFSPA:

  • Center can unilaterally impose AFSPA, but it is mostly done informally in consonance with the state government. 
  • State governments can recommend the Central government to repeal AFSPA: But Nagaland’s recommendation for repeal of AFSPA did not meet with success. Centre imposed AFSPA in Tripura (1972) despite the opposition from the state government. Manipur’s former Chief Minister Okram Ibobi Singh opposed the repeal of AFSPA in 2012 in light of the dangerous law and order situation. Many North-Eastern politicians have built their careers on an anti-AFSPA stance. 

Current status: 

  • Recently on September 30, the MHA extended the AFSPA in parts of Nagaland and Arunachal Pradesh for another six months.

 

Source: The Hindu; The Indian Express

Articles:

  1. AFSPA extended in four States as uncertainty remains over Naga peace talks
  2. The partial rollback of the Armed Forces (Special Powers) Act
  3. What is AFSPA, and where is it in force?
  4. Explained: What is AFSPA, and why are states in the Northeast against it?

Article Link: 

1.https://www.thehindu.com/news/national/afspa-retained-in-parts-of-assam-arunachal-nagaland-and-manipur-for-another-six-months/article65967276.ece 

2.https://www.thehindu.com/news/states/the-partial-rollback-of-the-armed-forces-special-powers-act/article65289913.ece 

3.https://www.thehindu.com/news/national/what-is-afspa-and-where-is-it-in-force/article23648102.ece 

4.https://indianexpress.com/article/explained/nagaland-civilian-killings-indian-army-repeal-of-afspa-northeast-7661460/ 

Yojna IAS Daily current affairs eng med 9th November

No Comments

Post A Comment