The Ministry of Home Affairs (MHA) has extended the Armed Forces (Special Powers) Act (AFSPA) in Arunachal Pradesh and Nagaland
Armed Forces (Special Powers) Act (AFSPA): The Ministry of Home Affairs (MHA) has extended the Armed Forces (Special Powers) Act (AFSPA) in certain places of Arunachal Pradesh and Nagaland for an additional six months, effective from April 1, 2024. The places where the Armed Forces (Special Powers) Act (AFSPA) are Tirap, Changlang, and Longding districts in Arunachal Pradesh and Dimapur, Niuland, Chumukedima, Mon, Kiphire, Noklak, Phek, and Peren of Nagaland.
Armed Forces Special Powers Act, 1958
Armed Forces Special Powers Act, 1958: Understanding Legal Provisions
Introduction
The Armed Forces Special Powers Act (AFSPA), 1958, is a significant legislation granting special powers to the armed forces to maintain public order in “disturbed areas.” This act equips the armed forces with the authority to take necessary measures, including the use of force, to restore order and peace in regions facing internal disturbances.
Definition of Disturbed Area
A disturbed area, as defined by AFSPA, is one where the “use of armed forces in aid of civil power is necessary.” This criterion encompasses situations of unrest, insurgency, or violence arising from differences between various groups based on religion, race, language, or caste.
Key Provisions
Under AFSPA, security forces are empowered to arrest individuals without warrants and conduct searches of premises deemed necessary for maintaining public order and national security. The act also grants legal immunity to armed forces personnel from prosecution or legal action, except with prior clearance from the central government. Notably, AFSPA extends its coverage beyond the traditional armed forces to include paramilitary forces like the Central Reserve Police Force (CRPF) and the Border Security Force (BSF).
Territorial Application
AFSPA’s implementation is particularly contentious in regions such as Nagaland, Assam, Manipur, parts of Arunachal Pradesh, and historically, Jammu and Kashmir. These areas have witnessed prolonged periods of insurgency, unrest, and armed conflict, necessitating the deployment of security forces under the provisions of the act. However, there have been instances where certain states, like Tripura and parts of Meghalaya, have been removed from the list of disturbed areas, indicating changes in the security landscape.
Historical Context
The roots of AFSPA trace back to the colonial era, with ordinances promulgated during British rule to suppress nationalist movements. Post-independence, the legislation underwent modifications and territorial expansions in response to internal security challenges, including insurgency and separatist movements. Notably, the act emerged in the context of the Naga rebellion in the 1950s and subsequent conflicts in Northeast India and Jammu and Kashmir.
Supreme Court Verdict
In a significant judicial pronouncement, the Supreme Court of India upheld the constitutionality of AFSPA while asserting the need for accountability and oversight mechanisms to address allegations of human rights violations by security forces. The court’s ruling underscored the principle that while armed forces are empowered to maintain law and order, their actions must be subject to judicial scrutiny and accountability.
Recommendations and Repeals
Over the years, various committees and commissions have reviewed AFSPA and recommended its repeal or modification, citing concerns over human rights abuses and excessive use of force. Notably, the Jeevan Reddy Committee called for the repeal of the act, emphasizing the need for alternative legal frameworks to address internal security challenges. Some states have witnessed partial or complete withdrawal of AFSPA, reflecting evolving security dynamics and efforts to balance security imperatives with respect for human rights.
Ground Rules
AFSPA lays down specific ground rules governing the conduct of security forces in disturbed areas. These include the requirement to issue warnings before using force, the prompt transfer of arrested individuals to the custody of local police, and the imperative of collaboration between armed forces and civil administration in maintaining public order.
Declaration of Disturbed Areas
The power to declare an area as disturbed lies with the Governor of a state or the Central Government, based on assessments of prevailing security conditions. Once declared disturbed, an area remains so for a minimum period, as prescribed by law, necessitating the continued deployment of armed forces to address security challenges.
Recently, the Ministry of Home Affairs (MHA) has extended the Armed Forces (Special Powers) Act (AFSPA) to Arunachal Pradesh and Nagaland. Name those places.
The Ministry of Home Affairs (MHA) has extended the Armed Forces (Special Powers) Act (AFSPA) in certain districts of Arunachal Pradesh and Nagaland which are Tirap, Changlang, and Longding districts in Arunachal Pradesh and Dimapur, Niuland, Chumukedima, Mon, Kiphire, Noklak, Phek, and Peren of Nagaland.
