Is There a Need for the Removal of AFSPA?
- The improved security situation and development of the region have resulted in a reduction of areas under AFSPA
- It has been removed or revoked from the following areas on the recommendation by the State Cabinet:
– In 2015 it has been removed from Tripura, where it was enforced in 1997
– In April 2018, revoked AFSAP from Meghalaya after 27 years. But only 20 km of the area attached to Assam it is applicable.
– In 1997 after 14 years, The Armed Forces (Punjab and Chandigarh) Special Powers Act in the State of Punjab and the Union Territory of Chandigarh was withdrawn.
– Recently The Union Home Ministry has considerably reduced the “disturbed areas” under the Armed Forces (Special) Powers Act (AFSPA) in Assam, Manipur, and Nagaland.
Surely the consistent efforts and several agreements by the Indian government have also contributed to it. Besides most of the militant groups have entered into peace agreements with the government.
Armed Forces Special Powers Act 1958 (AFSPA)
It is an act of the ‘Parliament of India’ that grants special powers to ‘The Indian Armed forces’ to maintain public discipline in disturbed areas like:
- Areas with a high number of insurgencies
- Too much illegal border crossing takes place
- And these infiltrations are causing anti-state activities
It gives extensive powers to the Indian Armed Forces. They are given the following permission:
- To arrest any individual without warrants on suspicion.
- Destroy hideouts from where armed attacks are being launched or arms dumps or fortified areas or any arms training is carried out.
- Open fire, which may even cause death, against any person who is causing .hindrance to the law or possesses arms and ammunition. However, it cannot be carried out without warning to the suspect.
- The Security forces must hand over the Suspect to the local police within 24 hours of detention.
- The armed forces cannot act as an independent body and must act in alliance with the District Administration.
- The most controversial power is that No AFSPA person can be put into any legal proceedings for any action taken under the act. Until or unless there is a previous sanction from the Central Government.