Armed Forces Special Powers Act
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- The law has been repealed where insurgencies have subsided, and when governments have gained confidence in managing the region using the police force.
Criticisms
- 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 recommended a complete repeal of the law.
Why in News?
- Assam Chief Minister Himanta Biswa Sarma informed that the state government is working to remove the Armed Forces Special Power Act from the remaining 5 districts from the state within this year.
- AFSPA now remains in force in parts of Nagaland, Manipur, Assam, Arunachal Pradesh and Jammu & Kashmir.
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