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Armed Forces Special Powers Act-1958
The topic is covered under following headings
1. Introduction
2. Areas where AFSPA is presently applicable.
3. Objective and Powers
4. Historical Context
5. Human Rights Concerns
6. Recent Developments
7. Summary
1) Introduction: The Armed Forces Special Powers Act (AFSPA) was enacted by the Parliament of India in 1958, the act holds significant relevance and implications in areas classified as “disturbed”. Let’s delve into its key aspects:
2) AFSPA present applicability: its applicable in some of the districts of J&K, Nagaland, Manipur, Assam and Arunachal Pradesh
3) Objective and Powers:
a) AFSPA grants special powers to the Indian Armed Forces, state police, and paramilitary forces. These powers include the authority to shoot to effect, search houses, and destroy property that might be used by insurgents or militants as a hideout or ammunition dump.
b) The act is invoked when cases of militancy or insurgency threaten India’s territorial integrity.
c) Legal Immunity: Security forces operating under AFSPA have legal immunity for their actions in disturbed areas. This immunity shields them from prosecution, even if their actions result in injury or death.
4) Historical Context:
a) AFSPA has colonial origins, dating back to the Quit India Movement in 1942.
b) It was first enacted as an ordinance during that period, granting the armed forces a “license to kill” during internal disturbances.
c) Post-independence, the Indian government promulgated ordinances in 1947 to address security issues arising from partition.
5) Human Rights Concerns:
a) While AFSPA is justified by the need to combat militancy and insurgency, critics highlight possible human rights violations linked to the act.
b) Balancing security measures with individual rights remains a challenge.
6) Recent Developments:
a) In March 2023, Home Minister Shri Amit Shah announced a decrease in the areas marked as disturbed under AFSPA in Nagaland, Assam, and Manipur due to improved security conditions in the North-Eastern region.
7) Summary,
a) AFSPA’s is necessary for the armed forces to operation in disturbed area. The primary role of armed forces is to protect the nation against external aggression and maintain its territorial integrity.
b) Indian Armed forces is the apex organization of India and should only be rarely utilized to maintain public order but whenever the armed forces are utilized for maintaining public order they need to be protected by the provisions of AFSPA-1958.