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.
• The Act in its original form was promulgated by the British in response to the Quit India movement in 1942. After Independence, the Government decided to retain the Act, which was first brought in as an ordinance and then notified as an Act in 1958.
• Under the act, 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• The law has been repealed where insurgencies have subsided, and when governments have gained confidence in managing the region using the police force. 

Are there safety nets?

• While the Act gives powers to security forces to open fire, this cannot be done without prior warning given to the suspect. 
• The Act further says that any suspects apprehended by security forces should be handed over to the local police station within 24 hours.
• It says armed forces must act in cooperation with the district administration and not as an independent body. 

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?

• The Centre and the Manipur government are set to review the scope of the Armed Forces Special Powers Act (AFSPA) in the northeastern State. The periodic six-month extension of the AFSPA in Manipur comes to an end on September 30.
• AFSPA now remains in force in parts of Assam, Manipur, Nagaland and Arunachal Pradesh as well as in Jammu & Kashmir.

https://www.thehindu.com/news/national/centre-state-to-review-scope-of-afspa-in-manipur/article68674523.ece