The Most Recent Rationale behind the Opposition to AFSPA
- After the killings of 14 civilians in Nagaland’s Mon district on December 4, 2021. Once again AFSPA was put in conflict zones of India, and several human rights activists said AFSPA is an oppressive law and there is no place for it in a democratic country like India. AFSPA has been deemed a controversial law, with human rights violations and hostile behaviour. Nagaland Government set up a ‘Special Investigation Team’ to probe the situation. The Government headed by NDDP an ally of the BJP passed a ‘Cabinet Memo’ for the repeal of the Act in Nagaland.
- On the other hand, the Government has been defending the Act by saying a law like AFSPA is necessary to fight against terrorism and infiltration.
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.