Armed Forces (Special Powers) Act (AFSPA)

Source: This post on Armed Forces (Special Powers) Act (AFSPA) has been created based on the article “Centre reimposes AFSPA in six police station limits in Manipur” published in The Hindu on 15th November 2024.

Why in news?

The Armed Forces (Special Powers) Act (AFSPA), which grants armed forces sweeping powers to maintain public order in “disturbed areas,” has been reimposed by the Union Ministry of Home Affairs (MHA) in six police station jurisdictions across five districts of Manipur.

About Armed Forces (Special Powers) Act (AFSPA)

1. The Armed Forces (Special Powers) Act (AFSPA) is a law in India that grants special powers to the armed forces in regions declared as “disturbed areas.”

2. It was enacted in 1958, initially to address insurgencies in the northeastern states, but has since been applied in other regions, including Jammu and Kashmir.

3. The Act has been a subject of significant debate, with proponents arguing for its necessity to maintain security and critics condemning it for alleged human rights violations.

Key Features of AFSPA

1. Declaration of Disturbed Area: AFSPA can only be implemented in areas declared “disturbed” by the central or state government. Factors like insurgency, terrorist activities, or communal disharmony influence such declarations.

2. Special Powers Granted: Security forces can use force, arrest individuals without a warrant, and even shoot to kill if they deem it necessary for maintaining public order. Forces can search premises without a warrant and seize property suspected to be used unlawfully.

The Act provides legal immunity to armed forces personnel from prosecution, unless the central government grants sanction.

3. Duration of Validity: Once an area is declared “disturbed,” the application of AFSPA remains until the declaration is revoked, which is reviewed periodically.

4. Regions Under AFSPA: It was originally enacted to address insurgency in states like Nagaland, Manipur, Assam, and others. Over time, some states like Tripura and Meghalaya have revoked AFSPA. AFSPA was extended to Jammu and Kashmir in 1990 due to the rise in militancy.

Judicial and Legislative Oversight

In the 1998 judgment Naga People’s Movement of Human Rights v. Union of India, the Supreme Court upheld the constitutionality of AFSPA and made the following observations:

1. The Central government can make a suo-motu declaration, but it is preferable to consult the state government beforehand.

2. Any declaration under AFSPA should be time-limited and reviewed periodically, especially after six months.

3. Officials exercising powers under AFSPA must use only the minimum force necessary for effective action.

Committees such as the Jeevan Reddy Committee (2005) recommended repealing AFSPA, suggesting its provisions be included in other laws. However, no concrete steps have been taken in this direction.

UPSC Syllabus: Polity and nation