Armed Forces (Special Powers) Act

Why in news?

• The Naga Students Federation (NSF) recently condemned the Centre's decision to declare the whole of Nagaland a "disturbed area" under the provisions of the Armed forces (Special Powers) Act (AFSPA) 1958, and appealed the Centre to ensure that the "controversial law" is repealed once and for all.
• AFSPA has been in force in Nagaland for several decades.

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.

Why is it controversial?

• The Act has often faced flak from human rights groups as it gave sweeping powers and immunity to the army in conflict-ridden area.
• AFSPA gives armed forces the authority to prohibit a gathering of five or more persons in an area.
• AFSPA can use force or even open fire after giving due warning if they feel a person is in contravention of the law.
• If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search a premises without a warrant; and ban the possession of firearms.
• Once AFSPA is implemented, “no prosecution… shall be instituted except with the previous sanction of the central government, in respect of anything done or purported to be done” under this Act.

Prelims 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 to prelims question