The AFSPA stands for Armed Forces Special Power Act. The AFSPA act came into force when all other forces failed to bring the situation under control in the counter-insurgency and terrorist operations. Under the Armed Forces Special Power Act, The Indian Army operated in an environment that requires special powers and protection.
AFSPA Full Form
AFSPA stands for Armed Force Special Power Act which empowers the armed forces to maintain law and order in the “Disturbed Areas“. A “disturbed area” under the Armed Forces (Special Powers) Act (AFSPA) is defined as a region where the use of armed forces is deemed necessary to prevent or address insurgency, violence, or unrest. The declaration of a disturbed area is made by the central or state government based on the prevailing security situation.
In such areas, the armed forces are granted special powers to take necessary actions, including:
- Conducting searches without a warrant
- Arresting individuals without a warrant
- Using force, including lethal force, when necessary
The designation of a disturbed area allows for the deployment of armed forces to maintain law and order and restore peace in regions experiencing significant unrest or conflict.
AFSPA Act: A Brief History
For the very First time The British Colonial Government promulgated the Armed forces Special power Ordinance on 15 august 1942 to suppress the Quit India movement, After that on 1947 the United provinces Disturbed Areas Ordinance were invoked by the Indian government to counter the unrest due to partition,The Armed Forces Special Powers Ordinance 1958 was promulgated by the President Dr. Rajendra Prasad on 22 May 1958. It was replaced by the Armed Forces (Assam and Manipur) Special Powers Act, 1958 on 11 September 1958 and from that time many states have been put under this act to maintain peace.
AFSPA Full Form: What Defines a Disturbed Area
The Areas which are mentioned in the notification under Section 3 of the AFSPA are Disturbed areas . An area can be disturbed based on the following reasons
- Religious unrest
- Racial Discrimination and disturbance
- Social Unrest due to language or regional groups
- Castes or communities differences .
The Central Government, or the Governor of the State or administrator of the Union Territory Has the right to declare the whole or part of the State or Union Territory as a disturbed area. A suitable notification needs to be made in the Official Gazette. As per Section 3 , it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.
AFSPA Full Form: States or UTs under AFSPA
Current Status of AFSPA Implementation in India (2024)
Northeast India
Nagaland
- Fully under AFSPA
- Some areas under review
- Extended periodically
Assam
- Significantly reduced coverage
- Mainly border areas
- Regular assessment
Manipur
- All districts except: Imphal West, Parts of Imphal East
- Under periodic review
Arunachal Pradesh
- Limited Application: Three districts fully
- Parts of four districts
- Border areas mainly
Jammu & Kashmir
- Union Territory status
- Strategic implementation
- Regular assessment
Areas Where AFSPA Withdrawn
Meghalaya
- Completely withdrawn (2018)
- Positive development
- Improved situation
Tripura
- Revoked in 2015
- Successful transition
- Peace restoration
Recent Changes
- Reduced Areas
- Progressive reduction
- Regular reviews
- Peace indicators
- Modified Implementation
- More accountability
- Better oversight
- Regular assessment
The Armed Forces Special Powers Act (AFSPA) was enacted by the Parliament and confers certain special powers on members of the Armed Forces (military forces, air forces operating on the ground as land forces and any other armed forces of the Union (CRPF, BSF, ITBP etc)for carrying out proactive operations against the insurgents in a highly hostile environment. AFSPA comes into effect only in Disturbed Areas. Power to declare an area as a Disturbed Area is vested with the Central and the State Governments.
The essence of the important sections of AFSPA are as under:-
(a) Section 3. It lays down the authority which has the power to declare areas to be disturbed. These authorities are the Central and the State Governments.
(b) Section 4. It gives the Army powers to search premises and make arrests without warrants, to use force even to the extent of causing death, to destroy arms/ammunition dumps, fortifications/shelters/hideouts, and to stop, search, and seize any vehicle.
(c) Section 6. It stipulates that arrested persons and seized property is to be made over to the police with the least possible delay.
(d) Section 7. It offers protection of persons acting in good faith in their official capacity. Prosecution is permitted only after sanction of the Central Government.
4. An examination of the various powers available to the Police Authorities under the provisions of the CrPC vis-a-vis those available to Armed Forces under AFSPA would reveal that the Police Authorities still enjoy more comprehensive and wider powers relating to arrest, search, seizure, summoning of witnesses, preventive detention etc than the powers enjoyed by the Armed Forces.
5. AFSPA vs CrPC. Section 45 of the CrPC disallows the arrest of public servants however Section 45 of the CrPC is not applicable in the State of J&K where the Ranbir Penal Code is applicable and ipso facto the persons of Armed Forces can be arrested for any perceived excesses, if AFSPA is not in vogue.
6. The Act in general and Sections 3, 4 & 6 thereof in particular, came up for scrutiny before a Constitution Bench of the Apex Court in a case titled ‘Naga People’s Movement of Human Rights Vs UOI’. The five-judge Constitution Bench dealt with the challenge to the legality of the deployment of the Armed Forces in aid to civil power. The Court unambiguously ruled that AFSPA cannot be regarded as a colorable legislation or a fraud on the Constitution. The Apex Court considered and opined that the conferring of powers Section 4 of AFSPA could not be held arbitrary or violative of Articles 14, 19, or 21 of the Constitution.
Safe Guards
7. Adequate checks and safeguards are built into the AFSPA to prevent its misuse. The dos and don’ts issued to the units, having found approval of Apex Court, have acquired legal status and are binding on the troops.
8. HR Record of the Indian Army. The provisions of AFSPA have NOT been misused and are evident from the HR Record of the Indian Army during the last two decades. Details of allegations of HR violations of the Indian Army are as under:-
(a) HR Cases/complaints received – 1618
(b) Cases Investigated – 1533
(c) No of allegations under investigation – 85
(d) Cases found true – 55 (3.6%)
(e) Cases found false – 1478 (96.4%)
(f) No of persons punished – 129
(g) No of cases awarded compensation – 35
9. The above punishments were awarded by the Army without any prosecution sanction from the MoD. Thus AFSPA is NOT a draconian law as purported to be.
Retention of AFSPA
10. The relative peace prevailing in any area cannot be the only criterion for the removal of AFSPA. The following aspects also need to be factored in and a comprehensive assessment made before the dilution/removal of AFSPA.
(a) Current Situation. While there may be a comparative decline in terrorist violence, several terrorists killed, and a reduction in several successful infiltrations by terrorists, as long as there is no change in the ideology and the factors that aid and support proxy war the removal of an enabling legislation like AFSPA may be counter-productive.
(b) The Emergence of Sanctuaries. Lifting of AFSPA from certain areas may result in terrorists seeking shelter in such areas and rebuilding their bases. Eviction of terrorists from such built-up areas sanitized after sacrifices by the army and police forces is likely to result in civilian causalities, damage to civilian property, and a renewed cycle of violence.
(c) Military Installations and Lines of Communication. Army garrisons / strategic assets are spread over in population centers. Even in insurgency-prone areas, any action taken by the Army personnel in these areas without enabling legislation that does not confer immunity from arrest will further complicate the issue.
(d) Intelligence Bases. De-notification of AFSPA will render the painstakingly established sound intelligence bases untenable.
(e) Legal Aspects. Any reaction to terrorist action in non-AFSPA areas would draw the Army into protracted legal battles on every incident.
(f) Restoration of AFSPA. Even if the situation worsens in areas where AFSPA has been revoked, it is unlikely that the political decision can be reversed easily to re-invoke the Act.
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