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Armed Forces (Special Powers) Act (AFSPA) Extended to Parts of Nagaland and AP

Last updated on September 27th, 2024 Posted on September 27, 2024 by NEXT IAS Current Affairs Team  2587

Syllabus: GS3/ Security

In News

  • The Ministry of Home Affairs has extended the Armed Forces (Special Powers) Act (AFSPA) in some districts of Nagaland and Arunachal Pradesh for a period of six months.

About

  • Currently, AFSPA is in effect in parts of Nagaland, Assam, Manipur, and Arunachal Pradesh. 
  • In Jammu and Kashmir, the law is enforced through the Armed Forces (J&K) Special Powers Act, 1990. The AFSPA grants special powers to the armed forces to maintain public order in “disturbed areas.”

About AFSPA

  • Enacted by the Parliament and approved by the President in 1958.
  • Grants extraordinary powers & immunity to the armed forces to bring back order in the “disturbed areas”.
    • An area can be disturbed due to differences or disputes b/w members of different religious, racial, language or regional groups or castes or communities. 
  • Provisions:
    • Section 3: Empowers the Governor of the State/Union territory to declare the whole or part of the State or Union Territory as a disturbed area. 
    • Section 4: Gives the powers to the Army to search premises and make arrests without warrants.
    • Section 6: Stipulates that arrested persons and the seized property are handed over to police.
    • Section 7: The prosecution is permitted only after the sanction of the Central Government.
  • Rationale behind its imposition
    • Effective functioning of forces in counter-insurgency / terrorist operations.
    • Protection of members of Armed forces
    • Maintaining Law & Order 
    • Security & sovereignty of the nation
  • Criticisms
    • Atrocities and human rights violations by security agencies.
    • Against democratic regime & threat to Fundamental Rights
    • Ineffectiveness in countering insurgency.
    • Justice Jeevan Reddy Committee & Santosh Hegde Committee recommended repealing.
  • Way Forward
    • Transparency & removing ambiguity in the law, development in NE, check on HR violations are the need of the hour.

Source: TH

 
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