In simple terms, AFSPA gives armed forces the power to maintain public order in “disturbed areas”.
What is a “disturbed area” and who has the power to declare it?
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.
Special powers given to Army Officials:-
- Under Section 4 of the AFSPA, an authorised officer in a disturbed area enjoys certain powers. The authorised officer has the power to open fire at any individual even if it results in death if the individual violates laws which prohibit (a) the assembly of five or more persons; or (b) carrying of weapons. However, the officer has to give a warning before opening fire.
- The authorised officer has also been given the power to (a) arrest without a warrant; and (b) seize and search without any warrant any premise in order to make an arrest or recovery of hostages, arms and ammunitions.
- Individuals who have been taken into custody have to be handed over to the nearest police station as soon as possible.
- Prosecution of an authorised officer requires prior permission of the Central government.
The Act came into force in the context of increasing violence in the Northeastern States decades ago, which the State governments found difficult to control. The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it was approved by the President on September 11, 1958. It became known as the Armed Forces Special Powers Act, 1958.
States in India where AFSPA is implemented
AFPSA is currently active in a total of four states and one union territory. It must be noted that the rule is implemented in 31 districts fully, while 12 districts remain under the act partially.
The AFSPA states are –
1)Jammu and Kashmir
2)Nagaland
3)Assam
4)Arunachal Pradesh
5)Manipur
It augurs well for the future that Prime Minister Narendra Modi has given the first authentic indication that the operation of the Armed Forces (Special Powers) Act (AFSPA) may come to an end in the whole of the north-eastern region,
The Union Home Ministry reduced such notified areas considerably in Assam, Nagaland and Manipur. There was a substantial reduction in Assam, where AFSPA was removed entirely in 23 districts and partially in one. In Nagaland, after the removal of the law from 15 police stations in seven districts, it remains in areas under 57 police stations, spread across 13 districts. Areas under 82 police stations are still notified under the Act in Manipur, even though 15 police station areas were excluded from the notification from April 1.
AFSPA was revoked in Tripura in 2015 and in Meghalaya in 2018. It is not unforeseeable that other States will also be excluded from its purview at some point of time.
The removal of AFSPA from the entire region will be an inevitable step in the process. But irrespective of the security situation, AFSPA should not have allowed such impunity to the armed forces.
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