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The AFSPA is an act under which certain powers are given to the armed forces in disturbed areas as declared by the government. A disturbed area is any area within a state that is impacted by extensive disturbance of the public peace and tranquillity on account of differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
It was enacted on September 11, 1958. The provision of AFSPA empowers the State Governor and Central Government to declare any area of a particular state as a ‘disturbed area’, only if they feel that situation is threatening in the given region.
What is AFSPA?
The AFSPA empowers the army, state, and central police forces to shoot to kill, search homes, and demolish any property that is ‘likely’ to be utilised for any malicious activity in regions designated by the home ministry as ‘disturbed’, after giving prior warning to the residents.
The Authorised Officer Has the Authority To
- Arrest without a warrant
- Search and seize any person and premise
- Arrest to recover hostages, arms, and ammunition without a warrant
If they take any person into custody, they must be transferred to a nearby police station at the earliest. The Central Government will permit the authorised officer to conduct the alleged prosecution.
The AFSPA is implemented when a situation of militancy or insurgency occurs in the territory or if the armed forces suspect that the territorial integrity is threatened. The AFSPA, like many other contentious statutes, has colonial roots. It was initially adopted as an ordinance in 1942 in response to Mahatma Gandhi’s ‘Quit India Movement’.
The AFSPA came into being in 1958 when the Armed Forces of Assam and Manipur were accorded special powers. The law provided the armed forces with special powers, especially in the ‘disturbed areas’ of Manipur and Assam.
Currently, AFSPA is active in the states of Nagaland, Manipur, and Assam states but not the Imphal municipal area. Three other districts, namely, Chaglang, Longding, and Tirap of the state of Arunachal Pradesh also fall under the jurisdiction of eight police stations of the state of Arunachal Pradesh that borders Assam. Armed forces can be deployed to normalise the conditions if required.
Controversies Related to the AFSPA
The AFSPA has failed to protect and defend various human rights, and many human rights organisations strongly oppose it. The armed forces’ supreme authority to shoot on sight based on suspicion violates the fundamental right to life (Article 21).
The authority given to the armed forces, such as arbitrary arrest and detention, violates the fundamental rights guaranteed by Article 22 of the Constitution. Article 22 of the Constitution protects both preventive and punitive detentions.
Many critics have argued that the special powers of the AFSPA have failed to control terrorism and restore normalcy in disturbed areas, as the total number of armed/militant organisations has increased since the implementation of the AFSPA.
Here Are Some Important Reports Related to The AFSPA
Jeevan Reddy Committee
The Union Government appointed a five-member committee led by Justice B. P. Jeevan Reddy in November 2004 to review the various provisions of the AFSPA, and the same committee recommended repealing the AFSPA. The committee proposed to reconsider the Unlawful Activities (Prevention) Act of 1967 in order to specify and keep the powers of the central forces and armed forces clear.
Verma Committee Report on Women Safety and Empowerment
According to the report of the Verma Committee, sexual violence against women by the members of the armed forces or uniformed personnel should be punished and prosecuted under ordinary criminal law. Also, according to the report, the rules and regulations for the peaceful continuation of the AFSPA require significant review.
On December 23, 2012, the Verma committee suggested changes to the criminal law to allow people convicted of sexual assault against women to be tried more quickly and receive harsher punishments.
Administrative Reforms Committee (ARC)
The ARC in its 5th report on public order recommended repealing the AFSPA, stating that removing the act would help in dealing with the sentiments and sense of alienation of the people residing in north-eastern India.
Conclusion
The Armed Forces (Special Powers) Act (AFSPA) is a parliamentary act that gives the Indian Armed Forces and state and paramilitary forces special powers in ‘disturbed’ areas.
The goal of enacting the AFSPA is to restore law and order to troubled areas. The AFSPA is imposed because it grants security forces legal protection for tense situations. While the military and administration describe the act as necessary to combat militancy and insurgency, opponents have pointed to incidents of potential human rights abuses.
