News Today Logo

Posted 27 Sep 2024

2 min read

Ministry Of Home Affairs has declared these areas as ‘disturbed area’ under Section 3 of the Armed Forces (Special Powers) Act, 1958 for a period of six months.

  • Currently, AFSPA is in effect in parts of Nagaland, Assam, Manipur, and Arunachal Pradesh.
  • AFSPA is in force in Jammu and Kashmir(J&K) through Armed Forces (J&K) Special Powers Act, 1990.

About AFSPA:

  • Objective: Conferring certain special powers upon members of the armed forces in disturbed areas in North eastern States.
  • Section 3 of Act: Governor of State or Administrator of Union territory or Central Government may declare whole/such part of such State/UT to be a disturbed area.
    • Disturbed area is an area where use of armed forces in aid of civil power is necessary.
  • Section 4 of Act: Gives special powers to armed forces although they must be exercised with extreme caution.
    • After giving due warning, it can fire upon/use force against any person acting in contravention of laws,
    • If reasonable suspicion exists, can also arrest a person without a warrant; 
  • Unless otherwise authorized by the central government, Army soldiers operating under AFSPA are shielded from all legal actions.

Issues with AFSPA

  • Violations of Fundamental Rights: It violates Articles 14, 19, 21, etc. of  Constitution.
  • Against International Law: Violates Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR) etc. 
  • Centre-State conflicts: AFSPA erodes states' autonomy even during peaceful times.

Way-forward:

  • Repealing AFSPA & Inserting appropriate provisions in Unlawful Activities (Prevention) Act, 1967(Jeevan Reddy committee (2004)
  • Implement a bottom-up governance model to empower grassroots communities.
  • Tags :
  • AFSPA 1958
  • Internal security
  • Arunachal Pradesh
  • Nagaland
Watch News Today
Width resize handle
Height resize handle

Search Notes

Filter Notes

No notes yet

Create your first note to get started.

No notes found

Try adjusting your search criteria.

Subscribe for Premium Features