Armed Forces (Special Powers) Act (AFSPA) 1958 is imposed to bring back order in “disturbed areas”.
Key highlight of AFSPA
- Disturbed areas: A part or whole state/UT can be declared so by Governor of state, administrator of UT or by Centre if use of armed forces in aid of civil power is necessary to restore order.
- Grants Special power to armed forces: They can open fire against any person in contravention of law, arrest and search premises without warrant, etc.
- Immunity to Armed Forces personnel: Prohibits legal proceedings against them except with the previous sanction of the Central Government.
- Treatment of arrested person: Army authority is required to handover the arrested person to the officer-in-charge of the nearest police station with least possible delay.
- Applicability: Parts of Assam, Manipur, Nagaland, Arunachal Pradesh.
- Armed Forces (Jammu & Kashmir) Special Powers Act 1990 is applicable to disturbed areas of Jammu and Kashmir.
- Concern: Abuse of powers, Human rights violation including rapes and sexual assaults etc.
Other Related Information about AFSPA
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