Salient Features of AFSPA:
- It is a law which gives armed forces (Army, the Air Force and Central paramilitary forces) the special powers and immunity to maintain public order in “disturbed areas”.
- When is it applied? It can be applied only after an area has been declared “disturbed” under section 2 of the act.
- What is a Disturbed area? An area can be considered to be disturbed due to differences or disputes among different religious, racial, language or regional groups or castes or communities.
- Who declares an area as disturbed? Section (3) of AFSPA empowers the governor of the state/Union territory to issue an official notification declaring the state or a region within as a “disturbed area”, after which the centre can decide whether to send in armed forces.
- The ‘special powers’ of armed forces under Section 4 are:
- ‘Power to use force, including open fire’ at an individual if he violates laws which prohibit (a) the assembly of five or more persons; or (b) carrying of weapons.
- ‘power to arrest’ without a warrant; (Under section 5 the Armed Forces have to hand over the arrested person to the nearest Police Station “with the least possible delay”.
- ‘power to seize and search’ without any warrant any premise.
- These armed forces are immune from prosecution unless Union Government provides sanction to the prosecuting agencies.
