The History of Armed Forces Special Powers Act (AFSPA)
- To suppress the Quit India Movement the British Government formulated the ‘Armed Forces Special Powers Ordinance’ on August 15, 1942.
- Later in 1947, to control unrest during partition time, migration near the border area, and Bengal disturbed areas.
- Then finally in order to deal with the uprising disturbances in the Naga Hills and insurgency in adjoining areas. The Armed Forces (Assam and Manipur) Special Powers Act, 1958 was formulated
- Assam at that point included Arunachal Pradesh, Meghalaya, Mizoram, Nagaland, and Tripura. Thus, it was implemented in all North-Eastern states.
As per the amendment in the ACT in 1972, under section 3,
- The Central Government
- The Governor of any state
- The Administrator of a Union Territory
can declare or notify an area as a ‘Disturbed Area’
• Usually, the Central Government decides on a recommendation from the State even though it has the power to take a unilateral decision.
• In 1983, The central government enacted the Armed Forces (Punjab and Chandigarh) Special Powers Act in the State of Punjab and the Union territory of Chandigarh. As a consequence of the Khalistan movement which started in the 1980s. And it was withdrawn after 14 years in 1997. This act was similar to the AFSPA act but two additional powers were provided
– Police could stop any car for search and if required they were allowed to Seize it forcibly.
– If the suspect is withholding and not letting the Forces open, then they have the power to break open any lock.
• The AFSPA in Jammu & Kashmir was enacted in 1990 to control the unprecedented rise in terrorism and insurgency in Jammu and Kashmir. It extends to the entire state of Jammu and Kashmir. This is called J & K Armed Forces (Special Powers) Act, 1990 separate from AFSPA although its powers are the same as AFSPA.
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.