AFSPA: The law of controversy

    Full form of AFSPA is Armed Forces Special Power Act.

         It is a bill passed by both Lokhasabha and Rajyasabha and duly signed by president on 11 September 1958. This has been mainly passed considering increase in violence in northeastern region of the nation. Later it was implemented in various other parts of the nation including Jammu and Kashmir.

Recently during Lokhasabha election(2019) congress party has also made into news by mentioning revocation of AFSPA from all the parts considering its misuse. Before discussing it lets understand some facts about AFSPA by answering series of questions,

What is AFSPA?

AFSPA stands for Armed Forces Special Power Act, implemented first ever time on 11 September 1958 at northeastern region of the country to suppress the growing violence. With the implementation of this act in any state/part of state, army personals will get some special power to tackle the disturbers/insurgents. Which include arrest of suspicious personal without any warrant; shoot specific group or personal with prior warning or searching suspicious vehicle etc.

So far its been implemented in various parts of North eastern region, Punjab/chandighad region and Jammu and Kashmir. In other side its also been one of the controversial acts due violation of human rights, some even compare it with Rowlett act of British era.

When is AFSPA proclaimed?

Before proclamation of AFSPA at any region that particular state or part of it has to be considered as “disturbed area”. This is done as per the section (3 ) of AFSPA. The proclamation is generally done by ministry of home affairs by seeking opinion of that particular state.

                The causes of disturbance could be misunderstanding between communal sections based on caste, religion, color or social status. The increase in insurgency or radical/antinational groups whichever is threat to national security could be cause of disturbance. In general failure of internal administration or incapability of internal forces (police force) to handle the instability causes disturbed status to be implemented and hence AFSPA to be implemented to aid local police force.

If a area is declared once it security/part of administration will be under control of armed forces at least for 3 months according to its regulations.

What are the special powers given to forces?

Armed forces will get so many special powers and provision against civil laws. Notable among them are enlisted below,

·       Any suspicious personal can be arrested without any warrant provided arrestee should be produced to local security personal (police station in general) as soon as possible.

·       Any private place/house/private premises can be searched without any search warrant.

·       Force can prohibit or restrict gathering of 5 or more than 5 people.

·       Armed forces will get a power to open fire at anybody/any group if it is found suspicious provide force should warn beforehand.

·       If a person found cause of disturbance repeatedly the army can force that person till death.

·       Any militant or insurgent found hiding at any house, building or shelter army has got a power to blow it to neutralize such elements.   

·       If at all any vehicle found suspicious it can be stopped at anywhere and anytime to search it.  

·       If at all any armed force personal found committing wrong action he/she is not liable for leagal action according to civil laws.

What are the places AFSPA has been implemented so far?

·       Assam and Manipur, 1958

It all originated because of naga national councils rebellion at northeastern India and increase in violation because of the same so to control that critical situation on 11 September 1958 the Armed Forces Special Powers (Assam and Manipur) Act, 1958 has been implemented at selected regions of northeast India. The act is still intact at few places of Assam, Meghalaya and Arunachal Pradesh. It is expected to revoke soon after applied period without any extension.

·       Punjab and Chandigarh, 1983

Due to similar causes The Armed Forces (Punjab and Chandigarh) Special Powers Act has been proclaimed on 15 October 1983 and it has been withdrawn in 1997 approximately after 14 years of its proclamation.

·       Jammu and Kashmir, 1990

Considering increase in insurgency in Jammu Kashmir region and to control the same The Armed Forces (Jammu and Kashmir) Special Powers Act has been proclaimed in September 1990 and it is still untouched. This is most controversial implementation of AFSPA so far.

Why is it criticized?

AFSPA has been mainly criticized on human right violation and scope misuse of it. There are so many legal suits against army personals on human right violation, fake encounters and even rape. Several commissions of UN raised questions about AFSPA and On 31 March 2012 it also asked India to terminate the law.

Many of politicians also have forced to terminate AFSPA including P. Chidambaram and Saifuddin Soz.  There are politicians and groups of other pole too who are constantly supporting it.

There have been considerable protests held against it. I am sure you must be heard name of Irom Sharmila and her hunger strikes against AFSPA implementation.

Should it be totally removed?

You must have heard recently during Lokhasabha election (2019) congress party has also made into news by mentioning revocation of AFSPA from all the parts considering its misuse. 

If we see into criticality of situation at disturbed areas and incapability of internal forces (police) it is a necessity to deploy Armed forces. If deploy our mighty forces then there should be less of restriction to operate efficiently. So If there are two laws to be followed (civil legality and its own uniform laws) before attacking against radical elements isn’t it an extra hurdle imposed on our Armed brothers?

Think over it and give your thoughts in the comment section below.