AFSPA ( Armed Forces Special Power Act ) - 1958

Armed Forces (Privileges) Act – 1958 (Armed Forces Special Power Act – 1958) or AFSPA law is implemented in areas of regional instability, unrest, when the local administration and police force of that area fail to establish peace there. are It is mainly imposed in the areas affected by militancy and naxalite incidents, in disturbed areas on the basis of religion and caste, separatism affected areas etc., when the government of that state or the central government considers it necessary. This Act has always been surrounded by controversies, it has always been criticized and there have been movements to repeal and withdraw it. In this article, we will know about AFSPA, why this law has been in controversies?

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 AFSPA - Armed Forces Special Power Act : 1958

To control unrest and instability arising out of extremism, terrorism, separatism, violent movement etc. in the state or any area of the state, when the local administration and police force is out, then in that area by the state government or central The Armed Forces (Special Powers) Act – 1958 (Armed Forces Special Power Act – 1958) or AFSPA is implemented by. After this, efforts are made to establish peace in that area by the central security forces. Under AFSPA certain privileges have been given to the Central Security Forces. After the implementation of AFSPA, it remains active in that area for at least 3 months, after which it is decided to remove or remain in force by the review of the Ministry of Home Affairs (Home) under the Central Government.

AFSPA : History

The AFSPA Act was first introduced in the British period. By this, privileges were given to the British Army to take action against the then agitators. Following are the history related to it –

• In 1942 it was brought by Linlithgow.
• It was issued in the form of an ordinance on 15 August 1942, under which military forces were given privileges to take action against the agitators. Its purpose was to suppress the 'Quit India Movement'.
• At the time of India's partition and independence in 1947, four separate ordinances were brought in accordance with the provisions of this ordinance to restore internal peace in Bengal, Assam, East Bengal and the United Provinces to deal with the immediate turbulent situation.
• In 1948, the central government made an Armed Forces Privilege Act by combining these four ordinances, under which special powers were given to the army for action.
• This law was repealed by the Government of India in 1957.
• Again in 1958, it was brought again by the Government of India to deal with the unrest and separatism spread in the North-Eastern states.

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Provisions of the Armed Forces (Special Powers) Act or AFSPA : A Glance

The Armed Forces (Special Powers) Act – 1958 or AFSPA was implemented in independent India on 11 September 1958. It was first implemented in Manipur in 1958. After some time it was also implemented in Assam and later it was implemented in all the 7 states of the Northeast (all these 7 states are also called seven sisters of India).

The provisions of AFSPA are as follows –

Section – 1: This Act will be called the Armed Forces (Special Powers) Act 1958 (Armed Forces Special Power Act 1958).

Section – 2 : Definitions

                 (a) Armed Forces means Military force and Air Force or any other Armed Force working in a                     disturbed area, which is under the Central Government.

                 (b) Disturbed area means an area which has been notified for the time being under section 3                         of AFSPA 1958. Unrest and instability arising in a state or any part of a state due to any                         dispute arising out of any other reason under the disturbed area is called disturbed area.

Section – 3: Right to declare a disturbed area: This law can be implemented in the entire area or any part of that disturbed area by the Governor of the State, the Lieutenant Governor of the Union Territory or the President of India by notification.

Section – 4 (a): Security forces will have the right to use force, use other powers or shoot after warning the suspect, even if it leads to the death of that person. Here it is necessary to warn the suspect before taking action. There will be a ban on gathering of 5 or more than 5 persons at any place.

                   (b) : The security forces shall have the right to destroy any kind of arms stockpile or                                        training camp that hides, keeps or provides shelter.

                   (c) : The security forces will have the right to search and arrest without any warrant.

                   (d) : The security forces will have the right to enter and search the house and break the                                    locked lock.

Section – 5: The arrested person will have to be handed over to the executive officer of the nearest police station with the least delay, along with a report related to the reasons and circumstances of his arrest.

Section – 6: Provides legal protection to the military forces for the work done under this act. Under this, neither a case will be filed against the soldier nor any legal action will be taken until the central government gives its permission.

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When & Where ASFPS Implemented ?

AFSPA has been implemented from time to time in various states of India, mainly in the border states and the states of the Northeast, whose brief details are as follows –

• 11 September 1958 (Manipur): This law was first implemented in Manipur on 11 September 1958 because being a border area, the problems of separatism and extremism were continuously dominating here. Later it was also implemented in Assam. Thereafter it was implemented in all the states of the North East.
• 15 October 1983 (Punjab and Chandigarh): On 15 October 1983, AFSPA was implemented in Punjab and Chandigarh to deal with separatism and violent agitation. After about 14 years in 1997 it was removed back from this area.
• 5 July 1990 (Jammu and Kashmir): AFSPA was imposed here also due to increasing separatism, terrorism and violent activities in the areas of Jammu and Kashmir.

Opposition to AFSPA

1. Irom Sharmila, known as the Iron Lady of Manipur, comes first among those who oppose AFSPA. In November 2000, security forces shot 10 people at a bus stand. At that time Irom was present at the same place. Opposing this incident, Irom did a hunger strike, which lasted for 16 years. In August 2016, he contested the elections after ending his hunger strike, in which he got less votes than NOTA.
2. On the night of 10–11 July 2004, 32-year-old Thangjam Manorama was allegedly raped and murdered by army personnel, whose mutilated body was recovered. After this incident, on 15 July 2004, about 30 Manipuri women performed naked.

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Opinion of Different Groups on AFSPA

Argument in favour of AFSPA

• Different sections believe that it is necessary in terrorism affected areas.
• It plays an important role in establishing law and order in troubled areas.
• It increases the morale of the armed forces.

Argument Against AFSPA

• Various sections believe that under this the armed forces misuse their powers.
• With its implementation, the fundamental rights are suspended.
• Security forces have been accused of violating human rights when it is implemented. Like: Fake Encounter, Sexually Explotation etc.
• It weakens democracy.
• Peace has not yet been established in those areas where it has been implemented for more than 50 years.

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