AFSPA

Why in news?

• The Centre has lifted the Armed Forces (Special Powers) Act, 1958 from more police station limits in Assam, Manipur and Nagaland. This is the second time in a year that the Centre has reduced areas under AFSPA in the Northeast. This highlights the reduction of insurgencies from North East.

About AFSPA:

• The Armed Forces (Special Powers) Act was enacted in 1958 to bring under control what the government of India considered ‘disturbed’ areas.
• As per Section 3 of the act, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.
• Currently it is in force in Assam, Nagaland, Manipur (except the Imphal municipal area), Arunachal Pradesh (only three districts plus a 20-km belt bordering Assam) and Jammu and Kashmir.

What is a “disturbed area”?

• A disturbed area is one which is declared by notification under Section 3 of the AFSPA.
• An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
• The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
• The state governments can suggest whether the Act is required to be enforced or not. But under Section (3) of the Act, their opinion can still be overruled by the governor or the centre.

Is the Act uniform in nature?

• The AFSPA act is not uniform and has been amended to contain different sections as applicable to the situation in each state.

Key provisions:

• Section (4) of AFSPA gives special powers to army officers in disturbed areas to shoot (even if it kills) any individual who violates law / or is suspected to violate law (this includes assembly of five or more people, carrying of weapons) etc. The only condition is that the officer has to give a warning before opening fire.
• Security forces can arrest anybody even without a warrant, and carry out searches without consent.
• Once a person is taken into custody, he/she has to be handed over to the nearest police station as soon as possible.
• Prosecution of the officer on duty for alleged violation of human rights requires the prior permission of the Central Government.

PRACTICE QUESTION

Consider the following statements regarding Armed Force Special Powers Act (AFSPA):

1. The power to declare an area as ‘disturbed area’ has been given to the Central government only.

2. It is currently in force in all the north eastern states.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer