Published on 08 Feb 2025
Armed Forces Special Powers Act, 1958 is an act of the Parliament that grants special powers to the Indian Armed Forces to maintain public order in disturbed areas. Assam, Arunachal Pradesh, Jammu and Kashmir, and Nagaland are the Indian States that are subject to the AFSPA Act.
Major provisions of Armed Force Special Powers Act, 1958
Declaration of disturbed area: The central government or the governor of the state can declare an area to be a disturbed area where AFSPA is applicable.
Power given to armed force:
Armed forces can arrest an individual without warrant if they are suspected to threaten public order.
They have powers to enter and search any premises without warrant.
The armed force can detain an individual for interrogation if they are involved in any activities which threaten public order.
Immunity is granted to the personals from legal prosecution for actions taken in good faith.
Overriding effect: AFPSA’s provisions have an overriding effect over any other laws in force in the designated area.
Operation report: The central government is required to annually submit a report on the operation of AFSPA in the Parliament.
Significance of AFSPA
Counterinsurgency tool: The legislation equips the armed forces with special powers to effectively counter insurgency and terrorism in the designated areas.
Example: AFSPA has been instrumental in empowering the armed forces to counter the insurgent groups in Nagaland.
Enhanced security: The powers like arrest without warrant and search and seizure power makes the armed forces in a better position to counter the security threats.
Example: The AFSPA has facilitated better powers to the forces to control the violence during the Manipur riots.
Crisis management: AFSPA provides a legal framework for the forces to respond promptly and to restore law and order during events of crisis.
Uniformity in approach: The act brings a uniform and consistent approach while dealing with different security threats across diverse regions.
Example: Since independence almost every north-eastern state has witnessed some form of upsurge and AFSPA has aided in having a consistent approach to suppress them.
Protection of armed forces: The security personnel are working under challenging conditions and the legislation gives them power for their own protection.
Example: In 2015, around 20 soldiers were killed by an ambush from NSCN(K).
Deterrence: Such a strong legal framework and powerful force can create a sense of fear among the insurgent groups and acts as an effective deterrence mechanism.
Example: The deterrence has resulted in ceasefire agreements to end many insurgencies like the Shillong accord, Bodo peace accord etc.
Concerns with AFSPA
Human rights violation: AFSPA has been criticized for enabling security forces to commit human rights abuses with impunity.
Example: The alleged rape and murder of Thangam Manorama in 2004 while under custody.
Excessive use of force: The broad powers granted to the armed force are often misused resulting in large scale violence over civilians.
Example: The 2021 Nagaland killings which resulted in the death of 6 civilians.
Lack of accountability: The provisions of the legislation makes it very difficult to hold security personnel accountable as it requires government permission to prosecute them.
Example: In the Pathribal encounter case, the case against the army for extrajudicial killings was closed due to lack of government sanction for prosecution.
Infringing civil liberty: The AFSPA provisions for search and arrest without warrant creates a sense of fear and thus infringe their right to express opinion.
Impact on local communities: The excess power possessed with the army creates a sense of intimidation and alienation among the local population. This also widens the gulf between the locals and the state.
Example: The violence by the army in Manipur in the name of restoring order has created more wedge between security forces and locals.
Misuse for political ends: AFSPA can potentially be misused by the government to suppress dissent and target political opponents.
Way forward
Transform its image away from being a symbol of oppression: The government needs to address the affected people and reassure them of favourable action.
Reduce the area under AFSPA: The government should consider the imposition and lifting of AFSPA on a case-by-case basis and limit its application only to a few disturbing districts instead of applying it for the whole state.
The government and the security forces should also abide by the guidelines set out by the Supreme Court, Jeevan Reddy Commission, and the National Human Rights Commission (NHRC).
Considering the security concerns persisting in Northeast India there must be provisions for empowering the security forces in the regions. But AFSPA often has arbitrary powers to the force which must be restricted. Large scale arrest and detentions should be prevented, and timely prosecution of the officers must be conducted to prevent human rights violation. With the Jeevan Reddy commission already calling for scrapping the legislation the Parliament must take measures to overhaul the legislation.
Security
Internal security legislations
AFSPA act
Significance of AFSPA act
Concerns of AFSPA
General Studies Paper 3
Internal Security
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