The Armed Forces (Special Powers) Act (AFSPA) is a law that grants special powers to the Indian Armed Forces in areas designated as “disturbed” . These powers are intended to help maintain public order in regions affected by insurgency, terrorism, or other serious threats to security .
Key Features of AFSPA:
- Declaration of “Disturbed Area”: The government (either the state or central government) can declare an area as “disturbed” if it is deemed to be in a dangerous condition that disrupts public order .
- Powers of the Armed Forces: Once an area is declared “disturbed,” armed forces have the authority to:
- Maintain public order and use necessary force, even to the extent of causing death .
- Arrest individuals without a warrant, based on reasonable suspicion, and use necessary force for the arrest .
- Enter and search any premises without a warrant .
- Legal Immunity: The act provides legal immunity to armed forces personnel acting under its provisions, meaning they cannot be prosecuted without the prior sanction of the central government .
Controversies and Criticisms:
- Human Rights Concerns: AFSPA has been criticized for allegedly leading to human rights violations, including extrajudicial killings, arbitrary arrests, and acts of violence .
- Impunity: The legal immunity provided to security forces has raised concerns about lack of accountability for their actions .
- Demand for Repeal: Civil society groups and human rights organizations have long demanded the repeal of AFSPA, arguing that it is draconian and violates fundamental rights .
Current Status and Application:
- Geographic Application: As of late 2024 and early 2025, AFSPA remains in effect in parts of Jammu and Kashmir, Nagaland, Manipur, and Arunachal Pradesh . The specific areas and the duration of the act’s extension vary based on periodic reviews of the security situation .
- Partial Revocation: In recent years, the government has revoked AFSPA from certain areas based on improvements in the security situation .
In summary, AFSPA is a controversial law that grants broad powers to the armed forces in “disturbed areas,” intended to maintain order but criticized for alleged human rights violations and lack of accountability . Its application is periodically reviewed and adjusted based on the prevailing security situation in different regions .
Recent Update :
AFSPA (Armed Forces Special Powers Act) has been in the news recently due to its extension and reimposition in certain areas of Manipur, Arunachal Pradesh , Nagaland .
Key Recent Developments:
- Reimposition in Manipur (November 2024): The Union Ministry of Home Affairs (MHA) reimposed AFSPA in six police station limits across five districts of Manipur . These areas include Sekmai and Lamsang in Imphal West, Lamlai in Imphal East, Jiribam in Jiribam district, Moirang in Bishnupur, and Leimakhong in Kangpokpi . This decision was made in response to ongoing ethnic violence and insurgent activities in the state . The order is effective until March 31, 2025 .
- Extension in Hill Districts of Manipur (September 2024): Prior to this, on September 26, 2024, the Manipur government extended AFSPA in all ten hill districts of the state, excluding 19 police station limits in six districts, primarily in the valley . This extension is also valid until March 31, 2025 .
- Reasons for Extension/Reimposition: The MHA stated that the security situation in Manipur remains volatile due to ongoing ethnic violence and the active participation of insurgent groups . The reimposition of AFSPA aims to facilitate coordinated operations by security forces to contain insurgent activities .
- Areas of Operation: AFSPA has been reimposed in fringe or buffer zones where Kuki-Zo and Meitei villages converge . These areas are typically guarded by central armed police forces, and the reimposition allows the Army and Assam Rifles to conduct operations more freely .
In summary, AFSPA has recently been extended and reimposed in several parts of Manipur due to ongoing security concerns and ethnic violence, with these measures remaining in effect until March 31, 2025 .
