Explained: Why Nagaland Civilian Killings Have Sparked Fresh Debate on AFSPA

The AFSPA, in force in certain parts of Assam, Manipur, Arunachal Pradesh besides Nagaland, allows the Army and paramilitary forces to conduct raids, and arrest anyone anywhere without prior notice or arrest warrant.

New Delhi: The killing of 14 civilians by security forces in an apparent case of mistaken identity in Nagaland’s Mon district on Saturday has once again awakened the need for appeals for the repeal of the Armed Forces (Special Powers) Act, 1958, also known as the AFSPA, a law that confers special powers on the armed forces in areas deemed as disturbed. On Monday, as hundreds of people bid an emotional farewell to the victims of the firing incident, Nagaland Chief Minister Neiphiu Rio strongly demanded the repeal of AFSPA. He said that the AFSPA gives powers to the army to arrest civilians without any arrest warrant, raid houses, and also kill people but there is no action against the security forces. They have created a law and order situation, said Rio.

Demands for revocation of the AFSPA has also been made by Meghalaya Chief Minister Conrad Sangma, who said that the Armed Forces (Special Power) Act, 1958 has been counterproductive to address law and order issues in the North East region and should be repealed as he joined the growing chorus for its withdrawal, following the killing of civilians in Nagaland.

The AFSPA has always been counterproductive and there have been more unrest and people have to go through a lot of pain, Sangma, who is also the national president of the NPP, said in a statement. He also said his National People’s Party, an ally of the BJP, is against the AFSPA and will continue to urge the Centre to repeal the “draconian” Act. Sangma, however, acknowledged that the region has law and order problems and said there are other ways to address the issues. We agree that the issues must be addressed. There are other ways to address them and the AFSPA is not the way to address the issues in the NE region,” he said. CM Sangma also took to Twitter and wrote, “AFSPA should be repealed.”

Meanwhile, AIMIM MP Asaduddin Owaisi and Congress leader Pradyut Bordoloi have also raised questions over the law. TMC which canceled a plan to send a team to Nagaland too demanded a rollback of the law which gives emergency powers to security forces.

WHAT IS THE AFSPA?

The Armed Forces (Special Powers) Act, 1958, enacted by the Parliament on September 11, 1958, was initially drawn up to support armed forces trying to maintain order in any part of the northeastern states of Assam and Manipur designated as a “disturbed area”. By the late 1980s, the law was expanded to include seven northeastern states. The law is based on the Armed Forces (Special Powers) Ordinance of 1942, which was issued during the Quit India movement.

The law allows the personnel to make arrests, including on the basis of reasonable suspicion, and enter and search any premises – both without a warrant. It includes a provision to destroy structures from which armed attacks are made or are likely to be made or ones that can be utilized by potential offenders. The AFSPA also provides protection to any personnel acting under its purview, stating that “no prosecution, suit or other legal proceedings shall be instituted, except with the previous sanction of the central government.”

WHERE IS AFSPA OPERATIONAL?

At present, the AFSPA is in force in certain parts of Assam, Manipur, Arunachal Pradesh besides Nagaland, allowing the Army and paramilitary forces to conduct raids, and arrest anyone anywhere without prior notice or arrest warrant. On June 30, the Ministry of Home Affairs extended the AFSPA in Nagaland for another six months. According to a notification by the MHA, the Act will remain in effect in Nagaland until December 31. It allows security forces the power to search, arrest and open fire to maintain public order in four of India’s seven northeastern states. In 2019, Union Minister Kiren Rijiju in a written reply in Lok Sabha said, “At present, there is no proposal to repeal the Armed Forces (Special Powers) Act (AFSPA), 1958.”

“Presently, AFSPA, 1958 is operational in the entire States of Assam, Nagaland, Manipur (except Imphal Municipal area), three districts namely Tirap, Changlang, and Longding of Arunachal Pradesh and the areas falling within the jurisdiction of the eight police stations in the districts of Arunachal Pradesh, bordering the State of Assam. The notification declaring Manipur and Assam as “Disturbed Areas’ has been issued by the State Governments. State Government of Nagaland has not supported the extension of notification declaring Nagaland as ‘Disturbed Area’ under AFSPA, 1958,” he had said.

THE REASON BEHIND THE DEMANDS OF REPEAL OF THE AFSPA

Civil society groups, rights activists, and political leaders of the region have been demanding the withdrawal of the “draconian” law for years, alleging excesses by security forces with impunity under the cover of the Act. The AFSPA confers special powers on the armed forces in areas deemed as disturbed. For years, human rights activists and groups have said that the AFSPA has led to human rights violations, while allowing members of the armed forces to operate with impunity.

“The Act has been at the heart of concerns about human rights violations in the region, such as arbitrary killings, torture, cruel, inhuman and degrading treatment and enforced disappearances,” stated a Hong Kong-based Asian Human Rights Commission in 2011.

In a 2008 report, advocacy group Human Rights Watch said the AFSPA violates provisions of international human rights law, including the right to life, the right to be protected from arbitrary arrest and detention. However, Indian authorities have maintained that the law is required to help contain armed insurrections.