Why in News?
- The Union Home Ministry extended for another six months the disturbed area status in parts of Arunachal Pradesh and Nagaland under the Armed Forces (Special Powers) Act, 1958.
What’s in today’s article?
- Armed Forces (Special Powers) Act, 1958
- News Summary
Armed Forces (Special Powers) Act, 1958:
- Armed Forces (Special Powers) Act (AFSPA), 1958 is an act of India that grants special powers to the Indian Armed Forces to maintain public order in "disturbed areas".
- The Central Government, or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
- The Act in its original form was promulgated by the British in response to the Quit India Movement in 1942.
- It was then titled the Armed Forces (Special Powers) Ordinance, 1942.
- After Independence, Prime Minister Jawaharlal Nehru decided to retain the Act, which was first brought in as an ordnance and then notified as an Act in 1958.
In What Type of Situation AFSPA can be Invoked?
- Section 3 of the Act says special powers can be granted to the Indian Armed Forces when a part of a state/UT or even the whole state/UT "is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary".
What Special Powers does the AFSPA confer on the Armed Forces?
- Once an area has been designated as a 'disturbed area', the Act provides the armed forces with the following special powers:
- To open fire or use force, even causing death, against any person in contravention to the law for the time being or carrying arms and ammunition;
- To arrest any person without a warrant, on the basis of "reasonable suspicion" that they have committed or are about to commit a cognizable offence;
- To enter and search any premises without a warrant;
- To destroy fortified positions, shelters, structures used as hide-outs, training camps or as a place from which attacks are or likely to be launched.
- These powers are augmented under Section 6 of the Act, which grants the personnel involved in such operations immunity from prosecution without sanction.
- Section 6 notes, "no prosecution, suit or any other legal proceeding can be instituted, except with the previous sanction of the Central Government".
Currently AFSPA is Imposed in Which States?
- Assam was the first state to come under the AFSPA in 1958.
- Currently, AFSPA is in place in entire UT of Jammu & Kashmir, eight districts of Assam, certain areas of Manipur, Arunachal Pradesh & Nagaland.
Why is AFSPA Controversial?
- With special powers accorded to the armed forces, there have been multiple allegations of "fake encounters" and other human rights violations by the security forces in 'disturbed' areas.
- A public interest litigation (PIL) filed in the Supreme Court claimed that at least 1,528 extra-judicial killings took place in Manipur between 2000 and 2012.
- The petition alleged that a majority of these killings were carried out in cold blood while the victims were in custody and were allegedly tortured.
- Activists such as Irom Sharmila have protested the existence of the AFSPA. She undertook a 16-year-long hunger strike against the law.
- In July 2016, the Supreme Court directed the armed forces and police not to use "excessive or retaliatory force" in even areas declared 'disturbed' where the AFSPA is applicable.
Recommendations of Various Committees on AFSPA:
- In November 2004, the Central government appointed a five-member committee headed by Justice B P Jeevan Reddy to review the provisions of the act in the north-eastern states.
- The committee recommended that AFSPA should be repealed and appropriate provisions should be inserted in the Unlawful Activities (Prevention) Act, 1967.
- The 5th report of the Second Administrative Reforms Commission (ARC) on public order has also recommended the repeal of the AFSPA.
- On the other hand, the Supreme Court has upheld the constitutionality of AFSPA in Naga People's Movement of Human Rights v. Union of India case (1998).
News Summary:
- The Union Home Ministry extended for another six months the disturbed area status in parts of Arunachal Pradesh and Nagaland under the Armed Forces (Special Powers) Act, 1958.
- According to two separate notifications, the decisions have been taken after review of the law-and-order situation in both the states.
