MHA To Review AFSPA in the Northeast

Syllabus: GS3/ Internal Security

In News

• The Union Home Ministry is currently reviewing the extent of AFSPA coverage in the states of Manipur, Nagaland, Arunachal Pradesh, and Assam.
  • This comes after recent ethnic tensions and law-and-order disturbances, particularly in Manipur.

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.

Need for AFSPA

• Insurgency and Security Threats: Armed separatist movements in the Northeast and terrorism in J&K necessitate rapid and decisive action.
• Support to Civil Administration: In areas where police and civil forces are inadequate, the military assists in restoring normalcy.
• Geopolitical Factors: Bordering countries like China, Myanmar, and Pakistan pose cross-border security challenges.
• Strategic Deterrence: The presence of armed forces under AFSPA acts as a deterrent to insurgent groups.

Concerns and Criticism

• Human Rights Violations: Allegations of extrajudicial killings, torture, and sexual violence in conflict zones. Notably highlighted by the Justice Jeevan Reddy Committee (2005) and UN agencies.
• Immunity and Lack of Accountability: Requirement of Central Government sanction often results in impunity for accused personnel.
• Alienation of Local Populations: Perception of militarisation leads to mistrust between citizens and the state.
• Judicial Observations: Supreme Court in 2016 has expressed that excessive use of force under AFSPA is not justified; operations must adhere to constitutional norms.
• Democratic Deficit: Goes against the spirit of federalism, rule of law, and civil liberties.

Way Ahead

• Gradual Withdrawal Based on Ground Situation: Follow a phased removal of AFSPA in areas showing long-term peace and stability.
• Strengthening Local Institutions: Empower state police, improve intelligence gathering, and enhance development infrastructure.
• Accountability and Oversight Mechanisms: Establish independent civilian oversight bodies for redressal of complaints.
• Legal Reforms: Amend the Act to balance national security with fundamental rights.
• Introduce time-bound reviews and sunset clauses.

Source: TH