The Union Ministry of Home Affairs (MHA) has recently extended the Armed Forces (Special Powers) Act (AFSPA) in parts of Nagaland and Arunachal Pradesh for another six months, on the 28 of March, 2024.
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As per the notification, the AFSPA has been extended 8 districts and 21 police stations in five other districts of Nagaland. In Arunachal Pradesh, it has been extended in three districts and areas falling under the jurisdiction of three police stations in Namsai district.
In a meeting held inAugust 2023, Assam cabinet made a recommendation to the Central Government to withdraw Disturbed Areas Act and Armed Forces Special Powers Act (AFSPA) from the State.
A few days ago in Assam, the AFSPA has been extended in areas covering Tinsukia, Dibrugarh, Charaideo and Sivasagar districts.
Background of AFSPA Act: A reincarnation of the British-era legislation that was enacted to quell the protests during the Quit India Movement, the AFSPA was issued by the way of four ordinances in 1947. The Ordinances were replaced by an act in 1948 and the present law effective in the NorthEast was introduced in Parliament in 1958 by the then Home Minster, G.B. Pant. It was initially known as the Armed forces (Assam and Manipur) Special Powers Act,1958. After the states of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland came into being, the Act was adapted to apply to these states as well.
What does AFSPA actually do?
The AFSPA gives unfettered powers to the Armed forces and the Central armed police forces deployed in “disturbed areas” to kill anyone acting in contravention of law and arrest and search any premises without a warrant and with protection from prosecution and legal suits. The law first came into effect in 1958 to deal with the uprising in the Naga. The Act was amended in 1972 and the powers to declare an area as “disturbed” were conferred concurrently upon the Central government along with the States. Tripura revoked the Act in 2015 and Meghalaya was under AFSPA for 27 years, until it was revoked by the MHA from 1st April 2018.
Controversy Around the Act:
It also grants soldiers executive powers to enter premises, search, and arrest without a warrant. The exercise of these extraordinary powers by armed forces has often led to allegations of fake encounters and other human rights violations by security forces in disturbed areas while questioning the indefinite imposition of AFSPA in certain states; such as Nagaland and J&K.
Recommendations of Jeevan Reddy Committee:
In November 2004, the Central government appointed a five-member committee headed by Justice B P Jeevan Reddy to review the provisions of the act in the north-eastern states.
The committee recommended that AFSPA should be repealed and appropriate provisions should be inserted in the Unlawful Activities (Prevention) Act, 1967. The Unlawful Activities Act should be modified to clearly specify the powers of the armed forces and paramilitary forces and Grievance cells should be set up in each district where the armed forces are deployed.
Second ARC Recommendation:
The 5th report of the Second Administrative Reforms Commission (ARC) on public order has also recommended the repeal of the AFSPA. However, these recommendations have not been implemented.
Supreme Court Views on the Act:
The Supreme Court has upheld the constitutionality of AFSPA in a 1998 judgment (Naga People's Movement of Human Rights v. Union of India). In this judgment, the Supreme Court held that a suo-motu declaration can be made by the Central government, however, it is desirable that the state government should be consulted by the central government before making the declaration, and it has to be for a limited duration. There should be a periodic review of the declaration if 6 months have expired, and while exercising the powers conferred upon him by AFSPA, the authorized officer should use minimal force necessary for effective action.