<<–2/”>a href=”https://exam.pscnotes.com/5653-2/”>h2>Armed Forces (Special Powers) Act, 1958 (AFSPA)
What is AFSPA?
The Armed Forces (Special Powers) Act, 1958 (AFSPA) is a controversial law that grants special powers to the Indian armed forces in “disturbed areas” declared by the government. These areas are primarily located in the northeastern states and Jammu and Kashmir.
Provisions of AFSPA
The AFSPA grants the armed forces the following powers:
- Power to shoot: The act allows armed forces personnel to shoot and kill anyone suspected of committing an offense, even without a warrant.
- Power to arrest: They can arrest anyone without a warrant and detain them for up to three months.
- Power to search and seize: They can search any premises without a warrant and seize any property they deem necessary.
- Power to prohibit assembly: They can prohibit any assembly of five or more people.
- Power to impose curfews: They can impose curfews and restrict movement of people.
History of AFSPA
- 1958: The AFSPA was first enacted in 1958 to deal with the Naga insurgency in Nagaland.
- 1972: The act was extended to other parts of the Northeast, including Assam, Manipur, and Tripura.
- 1990: The act was extended to Jammu and Kashmir.
Justification for AFSPA
The government argues that AFSPA is necessary to maintain law and order in “disturbed areas” and to combat insurgency. They claim that the act provides the armed forces with the necessary tools to effectively deal with armed groups and protect civilians.
Criticisms of AFSPA
AFSPA has been widely criticized for its Human Rights violations and its impact on civil liberties. Critics argue that:
- It encourages impunity: The act provides immunity to armed forces personnel from prosecution for any actions taken under its provisions. This has led to allegations of extrajudicial killings, torture, and other human rights abuses.
- It undermines the Rule of Law: The act allows the armed forces to operate outside the normal legal framework, which undermines the rule of law and creates an Environment of fear and intimidation.
- It is discriminatory: The act is applied only to certain regions and communities, which creates a sense of discrimination and resentment.
- It is counterproductive: Critics argue that the act has actually exacerbated the conflict in the Northeast and Jammu and Kashmir by alienating local populations and fueling resentment against the Indian state.
Impact of AFSPA
- Human rights violations: There have been numerous allegations of human rights violations committed by the armed forces under the cover of AFSPA. These include extrajudicial killings, torture, rape, and disappearances.
- Erosion of civil liberties: The act has led to the erosion of civil liberties in “disturbed areas.” People are afraid to speak out against the government or the armed forces, and there is a Climate of fear and intimidation.
- Economic Development: The act has also had a negative impact on economic development in “disturbed areas.” The fear of violence and the presence of the armed forces have discouraged Investment and tourism.
- Social unrest: The act has contributed to social unrest and alienation in “disturbed areas.” People feel that they are being treated as second-class citizens and that the government is not listening to their concerns.
Calls for Repeal of AFSPA
There have been widespread calls for the repeal of AFSPA from various groups, including human rights organizations, Political Parties, and civil Society groups. They argue that the act is outdated, discriminatory, and counterproductive.
Government Response
The government has resisted calls for the repeal of AFSPA, arguing that it is essential for maintaining security in “disturbed areas.” However, in recent years, there have been some moves towards reform of the act.
Reform Efforts
- 2012: The government appointed a committee to review the AFSPA. The committee recommended that the act be repealed and replaced with a new law that would be more transparent and accountable.
- 2015: The government announced that it would consider repealing AFSPA in areas where the security situation had improved.
- 2017: The government announced that it would set up a committee to review the AFSPA in Manipur.
Current Status of AFSPA
The AFSPA remains in force in several parts of the Northeast and Jammu and Kashmir. However, there have been some recent developments:
- 2018: The government repealed AFSPA from parts of Arunachal Pradesh and Meghalaya.
- 2020: The government announced that it would consider repealing AFSPA from parts of Nagaland.
Table 1: Areas Covered by AFSPA
| State | Districts Covered |
|---|---|
| Assam | 10 |
| Manipur | 8 |
| Nagaland | 16 |
| Tripura | 4 |
| Jammu and Kashmir | All |
Table 2: Key Provisions of AFSPA
| Provision | Description |
|---|---|
| Power to shoot | Armed forces personnel can shoot and kill anyone suspected of committing an offense, even without a warrant. |
| Power to arrest | They can arrest anyone without a warrant and detain them for up to three months. |
| Power to search and seize | They can search any premises without a warrant and seize any property they deem necessary. |
| Power to prohibit assembly | They can prohibit any assembly of five or more people. |
| Power to impose curfews | They can impose curfews and restrict movement of people. |
Frequently Asked Questions (FAQs)
Q: What is the purpose of AFSPA?
A: The AFSPA was enacted to deal with insurgency and maintain law and order in “disturbed areas.”
Q: Why is AFSPA controversial?
A: AFSPA is controversial because it grants the armed forces broad powers that can be abused, leading to human rights violations.
Q: What are the main criticisms of AFSPA?
A: Critics argue that AFSPA encourages impunity, undermines the rule of law, is discriminatory, and is counterproductive.
Q: What are the arguments in favor of AFSPA?
A: The government argues that AFSPA is necessary to maintain security in “disturbed areas” and to combat insurgency.
Q: Has AFSPA been repealed?
A: AFSPA has been repealed from parts of Arunachal Pradesh and Meghalaya, but it remains in force in several other areas.
Q: What are the future prospects for AFSPA?
A: The future of AFSPA is uncertain. The government has announced that it is considering repealing the act from some areas, but there is no clear timeline for this.
Q: What are the alternatives to AFSPA?
A: Some alternatives to AFSPA include:
- Strengthening law enforcement agencies: This would involve providing law enforcement agencies with the Resources and training they need to effectively deal with crime and insurgency.
- Promoting dialogue and reconciliation: This would involve engaging with local communities and addressing their grievances.
- Addressing the root causes of conflict: This would involve addressing issues such as poverty, inequality, and discrimination.
The debate over AFSPA is likely to continue for some time. It is a complex issue with no easy solutions. However, it is important to have a nuanced understanding of the act and its impact on human rights and civil liberties.