Theme:

  • On 31st March 2022, the government has decided to reduce the disturbed areas under the “Armed Forces Special Powers” Act (AFSPA) in Nagaland, Assam and Manipur with effect from 1st April 2022.

What is AFSPA:

  • “Armed Forces Special Powers” Act, 1958 grants special powers to Indian Armed Forces such as shoot on sight, arrest without warrant, search without warrant etc. in disturbed areas. The main purpose of this Act is to help local police and state government to deal with the separatist armed campaigns.

Background:

  • The ordinance for AFSPA Act was first started by the British to suppress the ‘Quit India movement” in 1942. After Independence, the Indian Govt used this ordinance to deal with the internal insurgent situation.
  • This ordinance became Act in 1958 and was first implemented in the Naga Hills area and then spread to entire North-Eastern India.
  • It was also implemented in Punjab & Chandigarh in 1983 but was withdrawn in 1997, as the situation there came under control.
  • In 1990, AFSPA came under force in Jammu & Kashmir.
  • The Act was withdrawn from Mizoram, Tripura, and Meghalaya after the situation came under control.
  • Irom Sharmina Chanu‘, a social activist started doing an indefinite fast as a protest in the year 2000 to repeal AFSPA. She took this decision when ten innocent persons were killed by Assam Rifles. She ended her fast in 2016 after 16 long years.
  • In July 2016, the Supreme court ended the immunity of Armed forces from prosecution under AFSPA, by saying that personnel should be subjected to thorough enquiry if they committed the offence.
  • At present, AFSPA is in force in the disturbed areas of Nagaland, Manipur, Assam, Arunachal Pradesh, Jammu & Kashmir.
  • There are widespread protests against AFSPA.
Also Read :  Should the Internet be censored?

Why AFSPA should be repealed?

  • A lot of human rights violation incidents were committed under AFSPA. Several innocent people were killed.
  • This Act is against the spirit of democracy.
  • United Nations (UN) termed AFSPA as a draconian law that breaches the current international human rights standards and asked India to repeal AFSPA.
  • Solution by use of military forces for political problems may not solve the issue.
  • Too much intervention of the centre in state affairs violates constitutional principles.
  • The central government was renewing the act from time to time, without consulting the states.
  • Instead of helping the police forces to deal with the situation, the Armed forces are totally controlling the areas and giving the local police a mere nominal role.
  • Second Administrative Commission, 2005 recommended repealing AFSPA.

Why AFSPA is still in place in some areas:

  • Without AFSPA, local police may not be able to handle the overwhelming presence of insurgents in the areas, where AFSPA is in force currently.
  • If there is no AFSPA, neighbouring countries, with which we share borders may take advantage of the situation.
  • Santosh Hegde committee, 2013 reported that AFSPA is mandatory to achieve peace in disturbed areas, but the act should be reviewed every 6 months to check whether the Act is still necessary.

Conclusion:

Reducing the disturbed areas under AFSPA is a good step. The move restored peace and dignity. Repealing or reforming the law is very much needed to prevent human rights violations. Moreover, there is a need to train the local police to deal with the separatist armed campaigns.

Also Read :  Does India need 'National Commission for Men'?

Your Turn…

What are your thoughts on AFSPA? Express your point of view through the comment section below. And subscribe to our blog to read answers to the trending GD topics.


Copyright @ Group Discussion Ideas.


4 Comments

  • SOURAV TTOMAR, Nov 13, 2019 @ 9:22 am Reply

    i thing AFSPA play a great role in maintaining the peace in disturbed area. Every person or organisations make mistake but do not worry about it . political leader make this issue for elections. every person happy to this act. AFSPA protest the people against the enemy,we all see only one side what about that`s shoulders who martyr in facing the enemy in disturbed areas

  • Qadri, Apr 25, 2019 @ 3:22 am Reply

    This is wrost law becoz by this law most of people going towards voilence and by this the disturbed area becomes more and more disturbed
    And the local police is for to solve the problem not the RR and BSF their duty is on borders not inside the state

    • Anuj, Jul 26, 2019 @ 10:54 am Reply

      Gentlemen i believe that you are not totally aware of what in perity AFSPA is. Firstly you need to understand the meaning of this. AFSPA is which keeps anti social elements away from conducting any criminal activity against the civilian living in locality declared as disturbed area. AFSPA is providing you the safety from perpetrators. The day it will get repealed, terrorist will get another huge advantage to commit crime and coax the warm blood against their very country. AFSPA has proved itself a lot many time if we look at past, even have changed the entire status of states which were declared disturbed. These states are prospering presently just because of Armed forces who cleaned the filth of the states.

  • Sohit sanwal, Dec 27, 2018 @ 9:23 pm Reply

    In my view AFSPA is right because soldiers are trained for military insurgency and when they do their duty in so called disturbed area they work under both military rules and civil rules. So they need to be given impunity against civil prosecution in disturbed areas

Leave a Reply

Your email address will not be published. Required fields are marked *