In News:

• Prime Minister Narendra Modi said the centre is keen on completely lifting the controversial Armed Forces (Special Powers) Act of 1958 from the northeast.
  
  

What’s in Today’s Article:

• AFSPA – About, states where AFSPA is in effect, disturbed area, controversial provisions, various judgements, way forward
  
  
• News Summary
  
  

In Focus: Armed Forces (Special Powers) Act, 1958 [AFSPA]

About AFSPA:

• The Armed Forces (Special Powers) Act was enacted in 1958 to bring under control what the government of India considered disturbed areas.
  • AFSPA can be implemented in an area after it has been declared as disturbed.
    
    
  
  
  
• Under its provisions, the armed forces have been empowered to:
  • Open fire; enter and search without warrant, and arrest any person who has committed a cognisable offence.
    
    
  
  
  
• Prosecution of the officer on duty needs prior permission of the Central Government.
  
  

States where AFSPA is in effect

• States under AFSPA includes:
  • Jammu & Kashmir, Assam, Nagaland, Manipur (excluding seven assembly constituencies of Imphal),
    
    
  • Arunachal Pradesh (only the Tirap, Changlang and Longding districts plus a 20-km belt bordering Assam)
    
    
  • It was completely lifted from Meghalaya in April 2018. It was repealed in Tripura in 2015.
    
    
  
  
  
• From April 1, 2022, AFSPA has partially been withdrawn from parts of three Northeast states— Assam, Nagaland and Manipur.
  
  
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Disturbed Area:

• The state or central government considers those areas as ‘disturbed’
  • By reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
    
    
  
  
  
• Once declared ‘disturbed’, the region has to maintain status quo for a minimum of three months, according to The Disturbed Areas (Special Courts) Act, 1976.
  
  
• The state governments can suggest whether the Act is required to be enforced or not.
  
  
• But under Section (3) of the Act, their opinion can still be overruled by the governor or the centre.
  
  

Controversial provisions

• Section 3 – It empowers the Centre to declare any area as Disturb Area without taking consent of the concerned state.
  
  
• Section 4 – Accords certain power to an authorised officer which also includes power to open fire at any individual even if it results in death.
  • Under this section, the officer has also been given the power to (a) arrest without a warrant; and (b) seize and search any premise without any warrant
    
    
  
  
  
• Section 7 – It mandates prior executive permission from central or state authorities for prosecution of a member of the security forces.
  
  

Various Judgements and Committee reports on AFSPA:

• In the Naga People’s Movement of Human Rights v. Union of India case, the Supreme Court upheld the constitutionality of the law.
  • However, the judgment made some notable conclusions such as:
    • Although Central Government is empowered to declare an area disturbed on its own, it is desirable that it consults the state before making such declaration.
      
      
    • The act is not conferring any arbitrary powers to declare an area as a ‘disturbed area’
      
      
    • The declaration should be for a limited duration and there should be periodic review at 6 months.
      
      
    • The officers should use minimal force necessary for effective action.
      
      
    
    
    
  • In 1997, the Apex Court also laid down a number of dos and don’ts for AFSPA. These are:
    • Any person arrested and taken into custody should be handed over to the nearest police station with the least possible delay.
      
      
    • The property seized during the course of a search conducted must also be handed over to the officer-in-charge of the nearest police station.
      
      
    • The provisions of the CrPC governing search and seizure have to be followed during the course of search and seizure conducted under AFSPA.
      
      
    • A complaint containing an allegation about misuse or abuse of the powers conferred under this Act shall be thoroughly inquired into.
      
      
    
    
    
  
  
  
• Santosh Hegde Committee
  
  
• The Committee, constituted by SC, reported the use of disproportionate force and intrusion of security forces in areas which are not notified as disturbed areas.
  
  
• The Commission even went to the extent of saying that AFSPA was an impediment to achieving peace in regions such as Jammu and Kashmir and the northeast.
  
  
• B P Jeevan Reddy Committee
  • Justice B P Jeevan Reddy committee was appointed in 2004 to review the provisions of the act in the north eastern states.
    
    
  • This committee recommended that the AFSPA should be repealed and its appropriate provisions should be included in the Unlawful Activities (Prevention) Act (UAPA).
    
    
  • Further, the powers of the army / paramilitary officers should be clearly demarcated.
    
    
  • Moreover, the committee recommended that grievance cells should be created in each district where such law is in force.
    
    
  • The report was endorsed by the 2nd ARC report
    
    
  
  
  

Why is the law controversial?

• AFSPA has often been criticised as a draconian Act for
  • The unbridled power it gives to the armed forces and
    
    
  • The impunity that security personnel enjoy for their actions taken under the law.
    
    
  
  
  
• Under AFSPA, the armed forces may shoot to kill or destroy a building on mere suspicion.
  
  
• Irom Sharmila, known as the Iron lady of Manipur, has been a towering figure who is well-known for her 16-year-long hunger strike against AFSPA.
  
  

Way Forward:

• Frequent misuse of AFSPA by security forces has led to the widespread resentment against this act.
  • However, the annulment of the law would seriously affect the governance in the insurgency-affected states.
    
    
  
  
  
• Hence, the need of the hour is to provide certain safeguards so as to prevent its misuse. This can include steps like:
  • Establishing grievance cells in each district where such law is in force,
    
    
  • Ensuring accountability of the officer in charge,
    
    
  • Investigations by independent and impartial authorities are few steps in this regard.
    
    
  
  
  

News Summary

• PM Modi said efforts were on to improve the law-and-order situation for the controversial AFSPA to be completely lifted from the northeast.
  
  
• He said this while addressing a Peace, Unity and Development rally in Assam.
  
  

Key Highlights of the speech

• Peace a necessary condition for removal of AFSPA
  • He said, from April 1, 2022, the AFSPA could be withdrawn partially from Assam, Manipur and Nagaland due to peaceful conditions since 2014.
    • The Bodo Accord opened the doors for permanent peace
      
      
    
    
    
  • The central government removed AFSPA from many areas due to better administration and the return of peace.
    • The incidents of violence dropped by 75% in the last eight years.
      
      
    
    
    
  • This is the reason that AFSPA was removed from Tripura and then Meghalaya.
    
    
  
  
  
• The 400th anniversary of Lachit Borphukan
  • He noted the coincidence of the Azadi ka Amrit Mahotsav and the 400th anniversary of Lachit Borphukan.
    
    
  • Lachit Borphukan was the 17th century Ahom general who stopped the Mughals from capturing Assam.
    
    
  
  
  
• Cancer care hub
  • PM inaugurated seven advanced cancer hospitals under the Assam Cancer Care Foundation.
    
    
  • There will be 17 such centres across Assam to serve patients from the other north-eastern States and neighbouring countries such as Bhutan.
    
    
  • According to a government study in 2021, the northeast is the “cancer capital” of India.
    • Arunachal Pradesh’s Papum Pare district and Mizoram’s Aizawl district recording the highest incidence of new cases among females and males respectively.