About AFSPA

• Passed in 1958 for the North-East and in 1990 for Jammu & Kashmir, the Armed Forces Special Powers Act (AFSPA) gives armed forces special powers to control “disturbed areas”, which are designated by the government when it is of the opinion that a region is in such a disturbed or dangerous condition that the use of armed forces in aid of civil power is necessary.
• An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
• The Central Government, or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
• Under its provisions, the armed forces have been empowered to open fire, enter and search without warrant, and arrest any person who has committed a cognisable offence, all while having immunity from being prosecuted.
• The law has been repealed where insurgencies have subsided, and when governments have gained confidence in managing the region using the police force.
• Critics both in India and abroad have criticised government agencies for acting with impunity under AFSPA. Manipuri activist Irom Sharmila had been on a 16-year hunger strike in protest against AFSPA. The Jeevan Reddy Committee formed in 2004 has recommended a complete repeal of the law.

Why in News?

• Defence Minister Rajnath Singh sought to dispel the misconception that the Army was against the removal of the controversial Armed Forces (Special Powers) Act of 1958.
• Mr. Singh said the partial removal of the AFSPA from Assam, Manipur and Nagaland was the result of durable peace and stability in the northeast.

Reference:

1. https://www.thehindu.com/news/national/other-states/union-defence-minister-rajnath-singh-at-a-function-honouring-the-war-heroes-of-1971-bangladesh-liberation-war-in-guwahati/article65347936.ece