Armed Forces (Special Powers) Act (AFSPA) Extended to Parts of Nagaland and AP

Syllabus: GS3/ Security

In News

• The Ministry of Home Affairs has extended the Armed Forces (Special Powers) Act (AFSPA) in some districts of Nagaland and Arunachal Pradesh for a period of six months.

About

• Currently, AFSPA is in effect in parts of Nagaland, Assam, Manipur, and Arunachal Pradesh. 
• In Jammu and Kashmir, the law is enforced through the Armed Forces (J&K) Special Powers Act, 1990. The AFSPA grants special powers to the armed forces to maintain public order in “disturbed areas.”

About AFSPA

• Enacted by the Parliament and approved by the President in 1958.
• Grants extraordinary powers & immunity to the armed forces to bring back order in the “disturbed areas”.
  • An area can be disturbed due to differences or disputes b/w members of different religious, racial, language or regional groups or castes or communities. 
• Provisions:
  • Section 3: Empowers the Governor of the State/Union territory to declare the whole or part of the State or Union Territory as a disturbed area. 
  • Section 4: Gives the powers to the Army to search premises and make arrests without warrants.
  • Section 6: Stipulates that arrested persons and the seized property are handed over to police.
  • Section 7: The prosecution is permitted only after the sanction of the Central Government.
• Rationale behind its imposition
  • Effective functioning of forces in counter-insurgency / terrorist operations.
  • Protection of members of Armed forces
  • Maintaining Law & Order 
  • Security & sovereignty of the nation
• Criticisms
  • Atrocities and human rights violations by security agencies.
  • Against democratic regime & threat to Fundamental Rights
  • Ineffectiveness in countering insurgency.
  • Justice Jeevan Reddy Committee & Santosh Hegde Committee recommended repealing.
• Way Forward
  • Transparency & removing ambiguity in the law, development in NE, check on HR violations are the need of the hour.

Source: TH