| Introduction: Contextual Introduction Body: Highlight constitutional and political implications of AFSPA and measures to align it with democratic values. Conclusion: Way forward |
The Armed Forces (Special Powers) Act (AFSPA) has been a contentious law in India due to its significant implications for constitutional principles and democratic values.
Constitutional Implications & Political Implications
- Conflict with Fundamental Rights: AFSPA grants extensive powers to the armed forces, including immunity from prosecution, which risks violating Article 21 & Article 14. Internet bans and restrictions imposed alongside AFSPA infringe upon Article 19 eroding democratic freedoms.
- Judicial Oversight and Accountability: Recommendations by the Jeevan Reddy Committee (2005) and the Second Administrative Reforms Commission to repeal AFSPA highlight the need for accountability mechanisms. However, these suggestions remain unimplemented, raising questions about the state’s commitment to balancing security with justice.
- Ethnic Tensions and Governance Failures: The Meitei-Kuki conflict, stemming from competing claims over Scheduled Tribe (ST) status and landownership, has exposed the limitations of a law-and-order-centric approach.
- Regional Security Challenges: The ongoing turmoil in neighboring Myanmar and Bangladesh adds external dimensions to the conflict. Mismanagement in Manipur risks destabilizing the broader Northeast region, critical to India’s Act East Policy.
Balancing AFSPA’s Implementation with Democratic Values
- Political Dialogue: Both the Centre and state government must engage Meitei and Kuki-Zomi communities in structured dialogue. Mediators and civil society groups should be involved to foster trust and promote inclusive solutions.
- Administrative Reforms: Rebuilding trust in governance requires strengthening local institutions and addressing socioeconomic disparities that fuel ethnic tensions. Efforts should focus on restoring livelihoods, improving infrastructure, and ensuring equitable development.
- Gradual Rollback of AFSPA: Following the model of its rollback in Tripura and Meghalaya, AFSPA should be gradually lifted as security conditions improve. A clear roadmap, tied to benchmarks like the recovery of looted weapons, is essential.
- Strengthening Local Policing: Develop and equip state police forces to reduce dependence on the armed forces. Community policing initiatives can play a key role in de-escalating tensions.
Conclusion
A collaborative approach, combining dialogue, governance reform, and security sector accountability, is imperative to align AFSPA’s implementation with India’s democratic values and constitutional principles.
