What is AFSPA, And Why Govt’s Decision To Reduce It From Three States is ‘Historic’? Explained

Home Minister Amit Shah said that the AFSPA has been from 23 Assam districts completely and from one district partially, 15 police stations in six Manipur districts, and 15 police stations in seven districts of Nagaland.

New Delhi: In a historic decision, the Modi Government on Thursday announced that areas covered under Armed Forces (Special Powers) Act in Nagaland, Assam and Manipur will be reduced after decades. Home Minister Amit Shah said that the AFSPA has been from 23 Assam districts completely and from one district partially, 15 police stations in six Manipur districts, and 15 police stations in seven districts of Nagaland.

News agency PTI quoted a Home Ministry spokesperson saying the decision does not imply that the AFSPA has been completely withdrawn from the three insurgency-hit states but will continue to be in force in some areas.

Compared to 2014, militancy incidents in the year 2021 have reduced by 74%. Similarly, deaths of security personnel and civilians have also come down by 60% and 84% respectively in this period, the Centre said in a statement.

According to the statement, “Most of the extremist groups laid down their arms expressing their faith in the country’s constitution and the policies of the Modi government. Today, all those people are becoming a part of democracy and a participant in the peace and development of the northeast. Around 7,000 militants have surrendered in the last few years.”

Several agreements were signed by the government to end extremism and bring lasting peace in the northeast. The Bodo Accord of January, 2020 resolved the 50-year-old Bodo problem in Assam. The Karbi-Anglong Agreement of September, 2021 resolved the long-standing dispute over Assam’s Karbi region, the release said.

What is AFSPA?

• The Act in its original form was promulgated by the British in response to the Quit India movement in 1942. After Independence, Prime Minister Jawaharlal Nehru decided to retain the Act, which was first brought in as ordnance and then notified as an Act in 1958.
• The Armed Forces Special Power Act (AFSPA) gives special powers to the army, state and central police forces to shoot to kill, search houses and destroy any property that is “likely” to be used by insurgents in areas declared as “disturbed” by the home ministry.
• AFSPA has been imposed on the Northeast states, Jammu & Kashmir, and Punjab during the militancy years.
• Punjab was the first state from which it was repealed, followed by Tripura and Meghalaya. It remained in force in Nagaland, Manipur, Assam, J&K, and parts of Arunachal Pradesh.
• AFSPA is invoked when a case of militancy or insurgency takes place and the territorial integrity of India is at risk.
• Security forces can “arrest a person without a warrant”, who has committed or even “about to commit a cognizable offence” even based on “reasonable suspicion”.
• It also provides security forces with legal immunity for their actions in disturbed areas.

What’s the origin of AFSPA?

Owing to the increasing violence in the Northeast decades ago, the Act came into force. The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it was approved by the President on September 11, 1958. It became known as the Armed Forces Special Powers Act, 1958.

The act gives sweeping powers to the armed forces. It allows the armed forces to open fire’, even causing death, against any person in contravention to the law or carrying arms and ammunition. The act also enables them to arrest individuals without warrants, on the basis of “reasonable suspicion”, and also search premises without warrants.