28 May, 2025
Armed Forces (Special Powers) Act (AFSPA)
Wed 25 Sep, 2024
Context
- As ethnic violence continues, the Centre and the Manipur government have decided to review the scope of the Armed Forces (Special Powers) Act (AFSPA) in the north-eastern state.
- The periodic six-month extension of AFSPA in Manipur ends on September 30, 2024.
Armed Forces (Special Powers) Act (AFSPA):
- This act provides certain special powers to the security forces, especially in areas where there is a situation of insurgency or disturbance.
- Former name: It was known as the Armed Forces (Assam and Manipur) Special Powers Act, 1958.
- This law was first implemented in the year 1958 to deal with the Naga insurgency.
- At present AFSPA is in force in Assam, Nagaland, Manipur and parts of Arunachal Pradesh.
The powers of the armed forces under AFSPA mainly include:
- Right to arrest any person without warrant: Under AFSPA, security forces can arrest any person without warrant if they suspect him/her of involvement in any crime.
- Right to search any building or place: Security forces can search any building or place without any judicial order.
- Right to shoot anyone on suspicion: If a person seems to be a threat to the security forces, they can be shot.
Controversies:
There are mainly two types of controversies regarding AFSPA:
- Violation of human rights: Many believe that the powers granted under AFSPA are often abused and violate human rights.
- Volatility of autonomy: AFSPA is often seen as an attack on the autonomy of state governments.
Jeevan Reddy Committee, 2004 Recommendations:
The 5th report of the 2nd Administrative Reforms Commission (ARC) also recommended repeal of AFSPA. |