Introduction to AFSPA Act 1958 – AFSPA UPSC

Welcome to PreCrack! Indian Government, the Union Ministry of Home Affairs, recently has extended the Armed Forced (Special Power) Act / AFSPA in many parts of Arunachal Pradesh or Nagaland on Thursday 28^th of March 2024 for next 6 months. In India, there are many acts and laws that are controversial and AFSPA is one of them. Its extensions have gathered all the lights on it.

Why is AFSPA Act in the News? – Latest News on AFSPA

The extension of the Armed Forces (Special Powers) Act (AFSPA) in parts of Nagaland and Arunachal Pradesh has sparked recent news attention. AFSPA, a contentious law, grants special powers to the armed forces in designated “disturbed areas” to maintain public order.

Areas Cover under AFSPA in Nagaland

1. Dimapur district
2. Niuland district
3. Chumoukedima district
4. Mon district
5. Kiphire district
6. Noklak district
7. Phek district
8. Peren district
9. Khuzama police station in Kohima district
10. Kohima North police station in Kohima district
11. Kohima South police station in Kohima district
12. Zubza police station in Kohima district
13. Kezocha police station in Kohima district
14. Mangkolemba police station in Mokokchung district
15. Mokokchung-I police station in Mokokchung district
16. Longtho police station in Mokokchung district
17. Tuli police station in Mokokchung district
18. Longchem police station in Mokokchung district
19. Anaki ‘C’ police station in Mokokchung district
20. Yanglok police station in Longleng district
21. Bhandari police station in Wokha district
22. Champang police station in Wokha district
23. Ralan police station in Wokha district
24. Ghatashi police station in Zunheboto district
25. Pughoboto police station in Zunheboto district
26. Satakha police station in Zunheboto district
27. Suruhuto police station in Zunheboto district
28. Zunheboto police station in Zunheboto district
29. Aghunato police station in Zunheboto district

Areas Covered under AFSPA in Arunachal Pradesh

1. Tirap district
2. Changlang district
3. Longding district
4. Namsai district (areas falling under the jurisdiction of Namsai, Mahadevpur, and Chowkham police stations)

Details about AFSPA Act / All About AFSPA UPSC

We have added all the details about AFSPA & information Its surrounding below –

What is AFSPA Act?

Full Form of AFSPA

The full form of AFSPA is the Armed Forces (Special Powers) Act. It is a law enacted in India in 1958, granting special powers to the armed forces deployed in designated “disturbed areas” to maintain public order. These powers include arrest without a warrant, use of force, and other measures to address insurgency and internal unrest.

About AFSPA

The Armed Forces (Special Powers) Act (AFSPA) is a law in India granting special powers to the armed forces in designated “disturbed areas” to maintain public order. Enacted in 1958, it allows the military to arrest without a warrant, use force, including lethal force, and enter and search premises. Once an area is declared “disturbed” by the government, AFSPA enables the armed forces to tackle insurgency and internal unrest.

However, it has faced criticism for alleged human rights abuses, including extrajudicial killings and torture. AFSPA remains a contentious issue, balancing security concerns with civil liberties and human rights.

Background of AFSPA / History / Origin

The Armed Forces Special Powers Act (AFSPA) originated from colonial-era ordinances. It addresses internal security issues and armed rebellions in India.

Colonial Roots

The AFSPA finds its origin in a colonial era law. In response to the widespread protests of the Quit India Movement in 1942, the British Viceroy enacted the Armed Forces (Special Powers) Ordinance, 1942.

Compiled History

• British introduced the Armed Forces Special Powers Ordinance in 1942 to suppress the Quit India Movement.
• Post-Partition, India enacted similar ordinances to deal with internal security issues.
• The Naga rebellion led to the enactment of AFSPA in Assam and Manipur in 1958.
• AFSPA empowered the government to declare areas as ‘disturbed’ to deploy armed forces.
• Similar acts were later enacted in Punjab, Chandigarh, and Jammu and Kashmir for specific security concerns.
• These laws granted special powers to armed forces, including arrest without warrant and use of force.
• AFSPA has faced criticism for alleged human rights violations, including extrajudicial killings and torture.
• Various governments have extended and repealed AFSPA in different regions over the years.
• AFSPA remains a contentious issue, balancing security needs with civil liberties.
• Its application continues to spark debate and scrutiny nationally and internationally.

Key Points to Remember

1. The Act empowers the Central Government or the Governor of a state to declare a region “disturbed” if they believe it faces threats to public order.
2. This “disturbed area” status allows the armed forces operating there special powers like arrest without warrant, search operations, and use of force in certain situations.
3. AFSPA has been a contentious issue, with debates about its effectiveness in curbing insurgency and concerns about potential human rights violations.

Objectives / Need / Necessity of AFSPA

These are the Objectives / Need / Necessity of AFSPA

1. Counter insurgency: AFSPA aims to assist the armed forces in combating insurgencies effectively.
2. Maintain public order: It helps in restoring and maintaining peace and stability in areas affected by internal disturbances.
3. Protect civilians: AFSPA provides a legal framework for the armed forces to protect civilians from insurgent activities.
4. Safeguard national security: It aids in safeguarding the territorial integrity and sovereignty of the nation.
5. Deterrence against militancy: The special powers granted under AFSPA serve as a deterrent against militancy and terrorist activities.
6. Enhance law enforcement: AFSPA empowers the armed forces to enforce law and order in areas facing significant security threats.
7. Provide support to civil authorities: It assists civil authorities in restoring normalcy in areas affected by insurgency or armed conflict.
8. Ensure safety of armed forces: AFSPA enables the armed forces to operate effectively while ensuring their safety and security.
9. Prevent subversion of state authority: By granting special powers to the armed forces, AFSPA aims to prevent the subversion of state authority by insurgent groups.
10. Enable swift action: The provisions of AFSPA enable swift and decisive action by the armed forces to counter insurgent threats.
11. Protect critical infrastructure: It helps in protecting critical infrastructure and government installations from sabotage and attacks by insurgents.
12. Preserve democratic institutions: AFSPA seeks to preserve democratic institutions by quelling armed rebellions and upholding the rule of law.
13. Assist in counter-terrorism efforts: AFSPA supports the government’s efforts to counter terrorism by empowering the armed forces to take necessary actions.
14. Uphold national unity: It contributes to maintaining national unity and cohesion by addressing security challenges in troubled regions.
15. Provide legal framework for military operations: AFSPA provides a legal basis for military operations in areas facing insurgency or internal disturbances.
16. Ensure effective response to security threats: AFSPA enables the armed forces to respond effectively to emerging security threats and prevent their escalation.
17. Protect civilian infrastructure: It helps in protecting civilian infrastructure such as roads, bridges, and communication networks from insurgent attacks.
18. Restore normalcy: AFSPA aims to create conditions conducive to the restoration of normalcy and development in conflict-affected areas.
19. Support peacekeeping efforts: It supports peacekeeping efforts by providing the necessary legal authority for the deployment of armed forces in conflict zones.
20. Safeguard national interests: AFSPA serves to safeguard national interests by addressing security challenges posed by insurgencies and armed conflicts.

Features & Functions of AFSPA

The features of the Armed Forces (Special Powers) Act (AFSPA) include:

1. Special Powers: AFSPA grants special powers to the armed forces deployed in designated “disturbed areas” to maintain public order.
2. Arrest without Warrant: It allows the armed forces to arrest individuals without a warrant if they are suspected of posing a threat to security.
3. Use of Force: AFSPA empowers the armed forces to use force, including lethal force, against individuals if deemed necessary for maintaining law and order.
4. Entry and Search: The act permits the armed forces to enter and search premises without a warrant in areas declared as ‘disturbed’.
5. Designated Areas: AFSPA is applicable only in areas declared as ‘disturbed’ by the central or state government.
6. Declaration of ‘Disturbed Areas’: The power to declare an area as ‘disturbed’ lies with the central government or state governments.
7. Governor’s Authority: The Governors of states and Administrators of Union Territories have the authority to declare areas as ‘disturbed’.
8. Legal Framework: AFSPA provides a legal framework for the deployment of armed forces and their actions in areas facing internal disturbances.
9. State Support: The act enables state governments to seek support from the armed forces in addressing security challenges.
10. Review and Extension: AFSPA undergoes periodic review and extension by the government based on the prevailing security situation in affected areas.

Provisions of AFSPA

We have added all the provisions of AFSPA below in understandable manner:

Benefits of AFSPA

While AFSPA is a contentious law, its proponents argue that it offers several benefits, including:

1. Enhanced security

AFSPA provides additional powers to the armed forces, enabling them to effectively counter insurgency and maintain law and order in areas affected by internal disturbances.

2. Deterrence against militancy

The special powers granted under AFSPA act as a deterrent against militancy and terrorist activities by empowering the armed forces to take decisive action.

3. Protection of civilians

AFSPA aims to protect civilians from insurgent threats and violence by providing legal authority to the armed forces to ensure their safety.

4. Swift response to security threats

The provisions of AFSPA enable swift and decisive action by the armed forces in response to emerging security threats, preventing their escalation.

5. Support to civil authorities

AFSPA assists civil authorities in restoring normalcy and preserving public order in conflict-affected areas by providing additional resources and legal backing.

6. Safeguarding national interests

AFSPA contributes to safeguarding national interests by addressing security challenges posed by insurgencies and armed conflicts, thereby ensuring territorial integrity and sovereignty.

7. Preservation of democratic institutions

By quelling armed rebellions and upholding the rule of law, AFSPA helps in preserving democratic institutions and ensuring the functioning of governance mechanisms.

8. Protection of critical infrastructure

AFSPA aids in protecting critical infrastructure and government installations from sabotage and attacks by insurgents, ensuring the continuity of essential services.

9. Restoration of normalcy

AFSPA creates conditions conducive to the restoration of normalcy and development in conflict-affected areas by enabling the armed forces to establish control and stability.

10. Support to peacekeeping efforts

AFSPA supports peacekeeping efforts by providing legal authority for the deployment of armed forces in conflict zones, contributing to efforts aimed at conflict resolution and reconciliation.

Pros and Cons of AFSPA / Advantages and Disadvantages / Merits and Demerits

We have listed all the key pros and cons of AFSPA Below-

Constructive Criticism of AFSPA

These are a few of constructive criticism of AFSPA-

1. Lack of Transparency

Critics argue that there is insufficient transparency and accountability regarding the actions of the armed forces operating under AFSPA, leading to concerns about human rights abuses and impunity.

2. Need for Judicial Oversight

There is a call for greater judicial oversight of AFSPA operations to ensure that the powers granted to the armed forces are not misused and that allegations of abuse are thoroughly investigated and prosecuted.

3. Focus on Conflict Resolution

Critics suggest that AFSPA should be accompanied by a broader strategy focused on addressing the root causes of conflicts and engaging in meaningful dialogue with affected communities to achieve lasting peace.

4. Civilian Oversight Mechanisms
There is a need for robust civilian oversight mechanisms to monitor the activities of the armed forces under AFSPA and to ensure that their actions are in line with international human rights standards.

5. Protection of Civil Liberties
Concerns have been raised about the erosion of civil liberties and the curtailment of fundamental rights under AFSPA, with critics arguing that the law should be amended to strike a better balance between security concerns and individual freedoms.

6. Addressing Grievances

There is a need to address grievances and grievances of affected communities to address the underlying causes of unrest and reduce support for insurgent groups operating in areas covered by AFSPA.

7. Minimizing Collateral Damage

Critics emphasize the importance of minimizing civilian casualties and collateral damage during counterinsurgency operations conducted under AFSPA, advocating for greater emphasis on the protection of civilian lives and property.

8. Repealing Draconian Provisions

Some critics argue for the repeal of certain draconian provisions of AFSPA that grant sweeping powers to the armed forces and have been associated with abuse and excesses.

9. Alternative Approaches to Security

There is a growing recognition of the need for alternative approaches to security that prioritize conflict prevention, community policing, and respect for human rights over heavy-handed military responses.

10. International Scrutiny and Reputation

The continued application of AFSPA has subjected India to international scrutiny and criticism, with calls for the repeal or reform of the law to bring it in line with international human rights standards and norms.

Why AFSPA is Controversial?

AFSPA, the Armed Forces (Special Powers) Act, is controversial for several reasons:

1. Human Rights Concerns

One primary reason for the controversy surrounding AFSPA is the allegations of human rights abuses associated with its implementation. Critics argue that the broad powers granted to the armed forces, such as the authority to arrest without warrant and use lethal force, have led to instances of extrajudicial killings, torture, and other forms of violence against civilians. This has raised significant human rights concerns both nationally and internationally.

2. Lack of Accountability

Another factor contributing to the controversy is the perceived lack of accountability for the actions of the armed forces operating under AFSPA. The law provides legal immunity to the armed forces for their actions undertaken in ‘good faith,’ making it challenging to hold them accountable for any alleged abuses. This lack of accountability has fueled resentment among affected communities and eroded trust in the authorities.

3. Civil Liberties and Democratic Values

AFSPA has been criticized for its potential to infringe upon civil liberties and undermine democratic values. The sweeping powers granted to the armed forces under AFSPA, coupled with the absence of adequate safeguards and oversight mechanisms, raise concerns about the erosion of individual freedoms and the rule of law. Critics argue that the law’s draconian provisions are incompatible with the principles of a democratic society, leading to calls for its repeal or reform.

Current Status of AFSPA 2024

Till Now, means March 30, 2024, the Armed Forces (Special Powers) Act, 1958 (AFSPA) is still in effect in parts of some northeastern states of India. Here’s a breakdown of the current situation:

States with AFSPA:

• Fully Revoked: Tripura
• Partially Revoked:
  • Assam: AFSPA remains in four districts – Tinsukia, Dibrugarh, Charaideo, and Sivasagar – until September 30, 2024.
  • Manipur: Partially revoked, specific details on remaining areas unclear.
  • Nagaland: Partially revoked, specific details on remaining areas unclear.
  • Other States: AFSPA has been completely withdrawn from Arunachal Pradesh, Meghalaya, and Mizoram.

Recent Developments

In March 2024, the Assam government extended AFSPA in the four aforementioned districts for another six months.

Latest News of AFSPA in 2024

In the latest development regarding AFSPA in 2024, the Union Ministry of Home Affairs (MHA) extended the Armed Forces (Special Powers) Act in parts of Nagaland and Arunachal Pradesh for an additional six months.

Way Forward:

• Implement reforms to enhance accountability.
• Strengthen judicial oversight mechanisms.
• Improve transparency in military operations.
• Ensure adherence to international human rights standards.
• Foster dialogue and engagement with affected communities to address grievances and build trust.

Misuses of AFSPA

Misuses of AFSPA occur through various mechanisms and actions:

1. Extrajudicial Killings

Security forces may resort to extrajudicial killings, bypassing legal procedures and due process, often under the guise of maintaining order or combating insurgency.

2. Arbitrary Detention

Individuals may be detained without proper legal justification or adherence to due process, leading to prolonged detention without trial or access to legal representation.

3. Lack of Accountability

Security forces may act with impunity, knowing that they are shielded from prosecution or legal consequences for their actions under the broad provisions of AFSPA.

4. Insufficient Judicial Oversight

Weak judicial oversight mechanisms allow for abuses to occur unchecked, as there may be limited scrutiny or review of actions taken by security forces under AFSPA.

5. Transparency Concerns

Lack of transparency in military operations and decision-making processes can contribute to abuses, as there may be little public scrutiny or accountability for actions taken in “disturbed areas.”

6. Civilian Casualties

Military operations conducted under AFSPA may result in civilian casualties due to excessive or indiscriminate use of force, leading to loss of innocent lives and further exacerbating tensions in affected communities.

7. Reports of Torture and Ill-treatment

There have been reports of torture, ill-treatment, and abuse of detainees by security forces operating under the cover of AFSPA, violating human rights principles and international law.

8. Forced Disappearances

Instances of forced disappearances, where individuals are detained by security forces without acknowledgment or record, are another manifestation of misuse under AFSPA, leaving families and communities in anguish and uncertainty.

Santosh Hegde Committee on AFSPA

We have added almost all details about Santosh Hegde Committee on AFSPA:

Formation Year

The Santosh Hegde Committee was formed in 2004 by the National Human Rights Commission (NHRC) in response to concerns about human rights violations in areas under AFSPA.

Composition

The committee was headed by Justice Santosh Hegde, a former judge of the Supreme Court of India. It comprised legal experts, human rights activists, and representatives from civil society organizations.

Mandate

The primary objective of the committee was to examine the implementation of AFSPA in the northeastern states and assess its impact on human rights and civil liberties. It was tasked with gathering evidence, conducting hearings, and making recommendations for potential reforms.

Findings

After extensive research and consultations, the committee submitted its report to the NHRC. The report highlighted several issues, including:

• Instances of human rights abuses, including extrajudicial killings, torture, and arbitrary detention, attributed to the excessive powers granted under AFSPA.
• Lack of accountability and oversight mechanisms, leading to impunity for security forces accused of wrongdoing.
• Recommendations for reforming AFSPA to ensure greater adherence to international human rights standards while addressing security concerns.

Recommendations

The committee made several recommendations aimed at addressing the shortcomings of AFSPA while balancing the need for security in conflict-affected areas. These recommendations included:

• Repealing or amending provisions of AFSPA that grant blanket immunity to security forces and undermine accountability.
• Strengthening oversight mechanisms to ensure transparency and accountability in the conduct of security operations.
• Implementing measures to prevent human rights abuses, such as training security personnel in human rights principles and providing avenues for victims to seek redress.

Impact

While the Santosh Hegde Committee’s recommendations sparked discussions on the need for reforming AFSPA, their implementation has been limited. The debate over AFSPA continues, with ongoing calls from human rights activists, civil society organizations, and some political leaders for its repeal or significant amendment.

Justice Verma Committee on AFSPA,

The Justice Verma Committee on AFSPA (Armed Forces Special Powers Act) was formed in 2013 to review the legislation and make recommendations for reform. Here’s an overview of the committee’s work:

Formation

The committee was established in the aftermath of public outrage over the gang rape and murder of a young woman in Delhi in December 2012. The incident sparked widespread protests and renewed calls for reforms in various areas, including laws related to women’s safety and human rights.

Composition
The committee was headed by Justice J.S. Verma, former Chief Justice of India. It included legal experts, human rights activists, and representatives from civil society organizations.

Mandate

The primary objective of the committee was to review the provisions of AFSPA and assess their impact on human rights and civil liberties, particularly in conflict-affected areas. The committee was tasked with examining the necessity and effectiveness of AFSPA in addressing security concerns while ensuring accountability and respect for human rights.

Findings

After extensive consultations and research, the committee submitted its report to the government. The report highlighted several issues, including:

• Concerns about the broad powers granted to security forces under AFSPA, leading to human rights abuses such as extrajudicial killings, torture, and arbitrary detention.
• Lack of accountability and oversight mechanisms, contributing to impunity for security personnel accused of wrongdoing.
• Recommendations for reforming AFSPA to bring it in line with international human rights standards while addressing security concerns.

Recommendations

The committee made a series of recommendations aimed at amending AFSPA to enhance accountability, transparency, and respect for human rights. These recommendations included:

• Repealing or amending provisions of AFSPA that grant blanket immunity to security forces and undermine accountability.
• Strengthening oversight mechanisms to ensure transparency and accountability in the conduct of security operations.
• Implementing measures to prevent human rights abuses, such as training security personnel in human rights principles and providing avenues for victims to seek redress.

Impact

The recommendations of the Justice Verma Committee sparked debates and discussions on the need for reforming AFSPA. However, their implementation has been limited, with successive governments facing challenges in enacting meaningful changes to the law.

AFSPA Vs. Martial Law

These are the top 5 key differences between a Martial Law and AFSPA:

Key Facts about AFSPA 2024

We can understand the AFSPA more finely with these Key Facts-

1. AFSPA stands for Armed Forces Special Powers Act.
2. Enacted in 1958 to combat insurgency in conflict-affected regions.
3. Grants special powers to armed forces in designated “disturbed areas.”
4. Allows for arrest without warrant and use of force.
5. Provides legal immunity to armed forces personnel.
6. Applicable in regions like Jammu and Kashmir and northeastern states.
7. Aimed at maintaining public order and national security.
8. Subject to periodic review and extension by the government.
9. Controversial due to allegations of human rights abuses.
10. Criticized for lack of accountability and oversight.
11. Sparks debates on balance between security and civil liberties.
12. Implemented during states of emergency or unrest.
13. Often accompanies curfews and restrictions on movement.
14. Empowers armed forces to search premises and detain individuals.
15. Intended to deter insurgent activities and maintain peace.
16. Faces calls for repeal or amendment by human rights groups.
17. Seen as essential by some for combating terrorism and separatism.
18. Authorized by the central or state governments.
19. Requires declaration of an area as “disturbed” for enforcement.
20. Prohibits public assembly and protests without permission.
21. Associated with allegations of extrajudicial killings and torture.
22. Draws international scrutiny for its impact on human rights.
23. Implemented in conjunction with other security measures.
24. Offers legal protection to armed forces personnel acting in “good faith.”
25. Renewed periodically based on the security situation.
26. Continues to be a subject of legal and political debate.
27. Interpreted differently by various stakeholders.
28. Raises questions about the role of the military in civilian affairs.
29. Influences perceptions of government legitimacy and authority.
30. Requires a delicate balance between security imperatives and human rights considerations.

Question-23: How does AFSPA impact India’s international reputation?

Answer. AFSPA can impact India’s international reputation by drawing scrutiny and criticism from the international community for its implications on human rights, civil liberties, and the rule of law.

Question-24: What are the challenges in implementing reforms to AFSPA?

Answer. Challenges in implementing reforms to AFSPA include political resistance, concerns about national security and public order, institutional inertia, and the complex and sensitive nature of conflict dynamics in affected regions.

Question-25: How does AFSPA impact the lives of women and children in affected regions?

Answer. AFSPA can impact the lives of women and children by subjecting them to heightened risks of violence, displacement, trauma, and deprivation, as well as by limiting their access to justice, education, and healthcare.

Question-26: What measures can be taken to mitigate the negative impact of AFSPA on civilians?

Answer. Measures to mitigate the negative impact of AFSPA on civilians may include strengthening accountability mechanisms, enhancing civilian oversight, promoting dialogue and reconciliation, and addressing underlying grievances and grievances.

Question-27: What role does the media play in reporting on AFSPA and its impact?

Answer. The media plays a crucial role in reporting on AFSPA and its impact by raising awareness, documenting abuses, holding authorities accountable, and fostering public debate and scrutiny of government policies and actions.

Question-28: How does AFSPA impact the mental health and well-being of civilians living in affected regions?

Answer. AFSPA can impact the mental health and well-being of civilians by subjecting them to prolonged stress, trauma, fear, and insecurity due to the presence of security forces, violence, and restrictions on their freedoms.

Question-29: What are the implications of extending AFSPA for peacebuilding and conflict resolution efforts?

Answer. Extending AFSPA can have implications for peacebuilding and conflict resolution efforts by potentially undermining trust, dialogue, and reconciliation processes, and by perpetuating cycles of violence and insecurity in affected regions.

Question-30: What are the prospects for reforming AFSPA soon?

Answer. The prospects for reforming AFSPA soon remain uncertain due to ongoing debates, political dynamics, and security concerns, although efforts to address its shortcomings and mitigate its impact on civilians continue to be advocated by various stakeholders.