- Recently, the Manipur government extended the Armed Forces (Special Powers) Act (AFSPA) in the hill districts of the State for another six months.
- The Armed Forces (Special Powers) Act (AFSPA), 1958 is an Act of the Parliament of India that grants special powers to the Indian Armed Forces to maintain public order in “disturbed areas”.
- It was initially promulgated as an ordinance in 1958 to tackle the Naga insurgency in Assam and later extended to other northeastern states as insurgencies arose and later to Jammu and Kashmir in 1990 due to increased militant activities.
| Key Provisions of AFSPA Declaration of Disturbed Area: The Act can be enforced in areas declared as “disturbed” by the Governor of the state or the Central Government. (Section 3) Special Powers to Armed Forces: Use of Force: Personnel can use force, including opening fire, even to the causing of death, against any person acting against law and order. Arrest without Warrant: They can arrest anyone without a warrant based on reasonable suspicion. Search and Seizure: Conduct searches without warrants and seize property suspected to be used unlawfully. Protection from Prosecution: No prosecution or legal proceedings can be initiated against armed forces personnel without the sanction of the Central Government. (Section 6) |
- Article 355 empowers the Central Government to protect every state against internal disturbances. Law and order is a state subject (Seventh Schedule), but AFSPA allows the Central Government to intervene in state affairs regarding security.
- AFSPA is applicable in Manipur since 1981. Manipur, a former Union Territory attained Statehood in 1972. AFSPA existed in the Naga-dominated areas of the UT of Manipur since 1958.
| Recommendations by Committees for AFSPA Justice B.P. Jeevan Reddy Committee (2005): Recommended the repeal of AFSPA and suggested that essential provisions be incorporated into the Unlawful Activities (Prevention) Act (UAPA), 1967. Second Administrative Reforms Commission (2007): Also recommended the repeal of AFSPA. Santosh Hegde Commission (2013): Highlighted misuse of AFSPA in Manipur and called for greater accountability. |
Dig Deeper: Read about where AFSPA has been repealed recently.
