The Centre reimposed the Armed Forces Special Powers Act (AFSPA) in Manipur’s six police station areas, including the violence-hit Jiribam, with the Union Home Ministry asserting that the decision was taken given the “continuous volatile situation” there due to the ongoing ethnic violence.
About AFSPA, 1958
The Armed Forces (Special Powers) Act, 1958, grants special powers to the armed forces in “disturbed areas” across parts of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, and Tripura.
Key Provisions:
- Declaration of Disturbed Area (Section 3): The Governor, Union Territory Administrator, or Central Government can declare an area as “disturbed” via a notification.
- Special Powers of Armed Forces (Section 4): Armed forces can:
- Use force, even causing death, after due warning, against unlawful assemblies or individuals carrying weapons.
- Arrest without a warrant or search premises based on reasonable suspicion.
- Immunity: Soldiers are protected from legal action without central government approval.
Arguments for Repealing AFSPA:
- Colonial Legacy: Compared to the Rowlatt Act, it allows actions without due process.
- Fundamental Rights Violation: Contravenes Articles 14, 19, 21, 22, and 25.
- International Law Breach: Violates UDHR, ICCPR, and the Convention against Torture.
- Lack of Accountability: Provides sweeping powers with immunity from prosecution.
- Militarization: Undermines democracy and civilian governance.
- Erodes State Autonomy: Ignores that law and order is a state subject.
Arguments Against Repealing AFSPA:
- National Security: Ensures effective counter-insurgency and border protection.
- Constitutional Validity: Upheld by the Supreme Court in 1997 with safeguards.
- Counter-Insurgency Needs: Essential in insurgency-prone areas like Kashmir and the Northeast.
- Checks on Abuse: Supreme Court rulings in 1997 and 2016 mandated safeguards against misuse.
Committees Related To AFSPA
- Justice B P Jeevan Reddy Committee (2004): Recommends the incorporation of AFSPA in the Unlawful Activities (Prevention) Act, 1967.
- 2nd ARC 5th Report (2007): Recommended the repeal of AFSPA since it would remove the feeling of discrimination and alienation.
- Santosh Hegde Committee (2013): Act must be properly reviewed every six months to see if its implementation is necessary.
- Justice Verma Committee (2013): Recommended that any sexual violence against women by members of the armed forces must be brought within the purview of the ordinary criminal law.
Way Forward
- Build Trust: Empower grassroots communities through a bottom-up governance model to strengthen public confidence in the government.
- Peace Accords: Formalize concrete agreements with insurgent groups, ensuring proper rehabilitation for sustained peace.
- Improved Connectivity: Enhance infrastructure in the Northeast to boost security and pave the way for AFSPA’s eventual removal.
- Human Rights Adherence: Uphold human rights norms to strengthen counterinsurgency efforts and ensure accountability.
