Time to bid goodbye to AFSPA

News: Recently, the Home Ministry has decided to considerably reduce the number of “disturbed areas” under the AFSPA in three States. To fulfil that, the April 1st order significantly reduced disturbed areas in Nagaland, Assam and Manipur. Though it is a welcome step, the government does not consider repealing the AFSPA.

About AFSPA

What is the reason for the reduction in disturbed areas?

The Government’s decision to relax the application of the Act in specific areas is due to a reduction in violence and administrative reasons. However, the relaxation is not due to a response to the question of whether the Act is essential to security operations in these States or not?

Why does the government have to repeal the AFSPA?

1) The counterinsurgency campaigns against the Nagas were counterproductive, 2) In the court’s view, AFSPA clearly provided the context for some Extra-Judicial killings. While upholding the constitutionality of AFSPA in 1997, the court recommended some changes. Such as reviewing the “disturbed area” designation every six months.  3) Justice BP Jeevan Reddy committee recommended repealing AFSPA and suggested inserting the appropriate provisions in the Unlawful Activities (Prevention) Act (UAPA), 1967.

In 2016, the Supreme Court had also ruled that the armed forces could not be immune from investigation for excesses committed during the discharge of their duties, even in “disturbed areas”. Hence, the demand for full repeal should be considered, and the government has to ensure the accountability of the Armed forces.

Source: This post is based on the following articles

“Time to bid goodbye to AFSPA” published in The Indian Express on 4th April 22.

“For a full repeal: On AFSPA” published in The Hindu on 4th April 22.