Armed Forces (Special Powers) Act (AFSPA)
 
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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: 

  • AFSPA should be repealed and appropriate provisions should be incorporated in the Unlawful Activities (Prevention) Act, 1967.
  • The Unlawful Activities (Prevention) Act should be amended to clearly specify the powers of the armed forces and paramilitary forces. 

The 5th report of the 2nd Administrative Reforms Commission (ARC) also recommended repeal of AFSPA.

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