EXPLORESTER: AFSPA - lecturette SSB

Monday, October 19, 2020

AFSPA - lecturette SSB

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/Chandigarh 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.

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.

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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?

What can be done? some of the opinions;

1)The concept of AFSPA is made basically to control whenever police or any other state's internal forces fail to control the disturbed situation; So it is essential to have armed forces involvement until we better equip/empower/better train our police;

2)Indian army is moral army and it rarely commits misbehavior, but after all army consists of human and humans commit mistakes. So it is essential to have some investigative body to keep the human arrogance in check.

3)So it is better to setup a court of investigation to analyse the situation after committing, which reduces confusion. other central forces would be better like if army conducts ops then navy or AF intelligence people can conduct investigation.

4)Whenever and wherever it is unnecessary it should be taken off. Government (both central and state) and army and police should collectively sit and take decisions related to AFSPA.