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
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