AFSPA: A draconian law that needs to disappear

Source: The Post is based on the article “A draconian law that needs to disappear” published in “The Hindu” on 27^th August 2022.

Syllabus: GS 3 Security Forces and Their Mandate

Relevance: The Armed Forces (Special Powers) Act 1958, or AFSPA. 

News: In December 2021, the Commandos of the Army’s 21 Para (Special Forces) killed six locals initially in a case of mistaken identity in Nagaland, where the Armed Forces (Special Powers) Act 1958, or AFSPA, has been imposed.

Background of the law

In the 1950s, Naga insurgents resorted to large-scale violence and meticulously planned and launched ambushes, which resulted into either killing or injury of hundreds of Indian Army soldiers, Central and State paramilitary personnel in the region.

As a result, the Union government introduced the Armed Forces (Special Powers) Act 1958, or AFSPA.

About the AFSPA

What are the issues in the AFSPA?

(1) Colonial legacy: The law can be traced to the Armed Forces (Special Powers) Ordinance 1942, enacted by the British to subjugate the rebels in the country during the Quit India movement, particularly in Assam and Bengal in October 1942.

(2) In the North-East India, Nagaland has largely borne the brunt of this law since the AFSPA was imposed in the late 1950s.

(3) On account of sweeping powers, there are allegations of aberrations committed by security forces, for decades, against the residents of the states, where the AFSPA has been imposed. For example, in 2012, the Extrajudicial Execution Victim Families’ Association Manipur (EEVFAM) approached the SC with around 1,528 cases of alleged fake encounter. A number of those cases have been found to be indeed fake encounters.

(4) There are delays in any further action against the security forces due to delay in the consent from the Central government. For example, there is delay in any further action against the commandos in the recent case also.

(5)  The AFSPA has become a case of violation of the very basic tenets of democracy like the principles “Democracy is of the people, by the people and for the people”, the liberty and the rights of the people which are enshrined in the Constitution of India.

(6) Despite a 16-year long hunger-strike by Irom Chanu Sharmila, the iron lady of Manipur, nothing has improved so far.

What are the measures taken so far?

Union Defence Minister Rajnath Singh said that all three wings of the defence forces were in favour of the removal of AFSPA from the Northeast and Jammu and Kashmir.

In April this year, the Prime Minister of India, Narendra Modi made a statement to the people of the North-east that the Government intends to withdraw the much-dreaded Armed Forces (Special Powers) Act 1958, or AFSPA, completely from the region.

Following the PM’s statement, in March this year, the government has partially withdrawn the AFSPA from parts of Assam, Nagaland, Arunachal Pradesh and Manipur.

What should be the way forward?

There needs to be a comprehensive and serious periodical review undertaken by the Centre till the entire North-east is freed from the tentacles of AFSPA.

Investigations into the 1,528 encounters also need to be fast tracked and taken to their logical conclusion.

The Justice B.P. Jeevan Reddy Commission recommended that AFSPA be withdrawn.