The Indian government has decided to reduce ‘disturbed areas’ under Armed Forces Special Powers Act (AFSPA) in the three north eastern states of Nagaland, Assam and Manipur after decades, while the law has been extended in three districts of Arunachal Pradesh.
The Act provides special powers to the armed forces to maintain public order in “disturbed areas”, though it has been widely criticised for its alleged misuse several times.
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The current decision of the Centre comes two months after Assam Chief Minister Himanta Biswa Sarma had said that some positive development regarding Armed Forces (Special Powers) Act is expected during the year.
Union Home Minister Amit Shah said the reduction in areas under AFSPA is a result of the “improved security situation and fast-tracked development” due to the consistent efforts and several agreements to end insurgency and bring lasting peace in North East by PM Modi.
The AFSPA was imposed in Assam in November 1990 and has been extended every six months since then after a review by the state government.
The demand for repeal of AFSPA from the northeast came to the fore in December last year after 13 civilians were gunned down by the Army in a botched anti-insurgency operation in Nagaland and another person was killed in subsequent violence.
In a separate notification, the centre also extended the controversial law in three districts of Arunachal Pradesh – Tirap, Changland, and Longding, and areas under Namsai and Mahadevpur police stations bordering Assam.
AFSPA History.
AFSPA was originally passed by the British rulers in 1942 in response to the Quit India Movement. However, after India gained independence in 1947, it was retained by Jawaharlal Nehru and AFSPA was notified as an act in 1958.
The law extends special military powers to the army and other security forces in notified areas, as well as state, and central police personnel, to conduct ops and arrest anyone without a warrant. It also gives them immunity from arrest and prosecution.
According to the law, after an area is declared ‘disturbed’, the centre, or the governor of the state, can impose exceptional powers for the armed forces.
As per the Human Rights Watch, AFSPA provides ‘wide powers to shoot, kill, arrest on a flimsy pretext, conduct warrantless searches, demolish structures’.
Apart from the north-eastern states, AFSPA was also implemented in Jammu and Kashmir, and Punjab. However, the law was repealed in Punjab, followed by Tripura and Meghalaya.
AFSPA has been severely criticized by politicians, civil society groups, and others for its ‘draconian’ provisions. Protests have rocked the northeast for years demanding its complete withdrawal. These protests made headlines in December last year after 14 civilians were killed in Nagaland after a botched Army op.
The bill was announced in Punjab in the year 1982 and remained in the northern state for 14 years. A similar bill was enacted in the legislation of Jammu and Kashmir in 1992.
Punjab was the first to repeal it, followed by Tripura and Meghalaya. In Nagaland, Manipur, Assam, Jammu and Kashmir, and parts of Arunachal Pradesh, it still applies.
As per the AFSPA, after a state or portions of it are declared “disturbed” under Section 3, the Centre or the Governor of a state can impose exceptional powers for the armed forces on the state or parts of it.
According to The Disturbed Areas (Special Courts) Act, 1976, once a region is labelled “disturbed”, it must preserve status quo for a minimum of three months.
AFSPA also provides security forces with some immunity in the event of a botched mission.
