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AFSPA

Armed Force (Special Powers) Act (AFSPA) is the act that grants special powers to the Indian Armed Force by the Indian Parliament to act in the disturbed areas. Under this act, all the security forces have unrestricted rights and unaccounted power to carry out operations in the area that is declared as a disturbed area. The AFSPA gives the armed forces wide power to shoot, arrest and search in the disturbed area to maintain the peace and order in the area. There are innumerable incidents where the armed forces are alleged of arbitrary detentions, loot and torture by the security personnel. Many people have criticized the act and have stated that its a human rights violation in the region where AFSPA is enforced. The Armed Forces Special Powers Ordinance was passed by the British on 15th August 1942 to suppress the Quit India Movement and four ordinances were invoked by the British government to deal with the internal security in the country. Post Independence, AFSPA was first imposed in 1958 in Assam. In 1951, the Naga National Council reported that about 99 percent Nagas voted for Free Sovereign Naga Nation and they boycott the first general election of 1952 and later boycott the government schools and offices. To deal with the situation, the Assam government imposed the Assam Maintenance of Public Order Act in 1953 and intensified police action against the rebels. After the situation became worse, Assam Rifles were deployed in the Naga Hills and it provided them to combat insurgency in the region. But they were also unable to control the rebels and the rebel Naga National Council formed their parallel government in 1956 called as The Federal Government of Nagaland. The then President of India Dr. Rajendra Prasad promulgated The Armed Forces Special Powers Ordinance on 22nd May 1958 and then replaced it with the Armed Force Special Powers Act on 11th September 1958. This act empowered the Governors of the state and the Administrators of the Union Territories to declare areas in their concerned states or Union Territories as disturbed to protect the state from internal disturbance caused in the state. After the enforcement of the AFSPA Act in Naga Hills, the territorial scope of the Act also expanded to the seven states of the North East- Assam, Manipur, Meghalaya, Nagaland, Tripura, Arunachal Pradesh and Mizoram. The state of Tripura has recently decided to withdraw the act as there has been a significant reduction of the terrorist activities in the state. But the AFSPA in Nagaland after the review in June 2015 was extended by one year. AFSPA has also been enforced on Punjab and Chandigarh. The Central government enacted the AFSPA on Punjab and Chandigarh on 6th October 1983 and it enabled the central armed forces to operate in Punjab and Chandigarh and the Act was enforced on 15th October 1983. The terms of the act were similar to the AFSPA Act of 1972 that was enforced on Manipur and Assam. However, two new sections were added to the armed force providing them more power and the armed force had the power to stop any vehicle, search and seize forcibly if it is suspected to carry any ammunitions or proclaimed offenders. The forces also had the power to break any locks if the key there of is withheld. After 14 years being in force, the Act was withdrawn in 1997. AFSPA was enacted in Jammu and Kashmir in September 1990. The law was implemented when the entire law and order collapsed in Kashmir and the normal law was inadequate in handling the rising armed militancy. The then state government declared Kashmir valley as a disturbed area. On 10th August 2001, the Jammu and Kashmir government extended disturbed area province to the Jammu province too. The armed forces in the disturbed areas proclaimed by AFSPA have the power to Fire upon or use other kinds of force after giving due warning. There wont be any action against the armed forces even if the firing causes death against the person who is acting against the law and order in the disturbed area. The armed forces can arrest anyone without a warrant who is a reasonable suspect or has committed any cognizable offence and the armed forces can use force if needed. The armed forces have the right to enter and search any premise in order to make any arrest or to recover any restrained person, arms and explosive substances. In July 2016, the Supreme Court of India ended the immunity of the armed forces from prosecution under AFSPA stating that It does not matter whether the victim was a common person or a militant or a terrorist, nor does it matter whether the aggressor was a common person or the state. The law is the same for both and is equally applicable to both... This is the requirement of a democracy and the requirement of preservation of the rule of law and the preservation of individual liberties. There are many institutions as well as many individuals that oppose AFSPA stating that it violates all the human rights. The United Nations Human Rights Committee in 1991 questioned the validity of AFSPA and they questioned the constitutionality of AFSPA in the Indian Constitution. Irom Sharmila also known as Iron Lady of Manipur began a hunger strike on 2nd November 2000 against AFSPA after ten civilians were shot dead at a bus stop in Malom town in Imphal valley of Manipur. She ended her strike on 9th August 2016 after 16 years.

What is AFSPA, And Why Govt's Decision To Reduce It From Three States is 'Historic'? Explained
Victor Dasgupta | March 31, 2022 4:47 PM IST
Home Minister Amit Shah said that the AFSPA has been from 23 Assam districts completely and from
What is AFSPA, And Why Govt's Decision To Reduce It From Three States is 'Historic'? Explained
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2022-03-31T05:47:32+00:00
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'Distributed Area' Status Of Assam Under AFSPA Extended For Another Six Months
India.com News Desk | March 1, 2022 8:33 PM IST
The AFSPA, which empowers security forces to conduct operations anywhere and arrest anyone without
'Distributed Area' Status Of Assam Under AFSPA Extended For Another Six Months
indiacom
2022-03-01T09:33:25+00:00
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Killing of Miners in Nagaland: An Accident or Conspiracy?
Amit Bansal | December 31, 2021 5:01 PM IST
Nagaland Firing: The entire sequence of events in the last month raises a few burning questions.
Killing of Miners in Nagaland: An Accident or Conspiracy?
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2021-12-31T06:01:52+00:00
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Centre Extends AFSPA In Nagaland For 6 Months
India.com News Desk | December 30, 2021 9:55 AM IST
The announcement was made through a gazette notification issued by the Ministry of Home Affairs
Centre Extends AFSPA In Nagaland For 6 Months
indiacom
2021-12-29T22:55:51+00:00
2021-12-29T22:55:51+00:00
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Centre Imposed AFSPA Against State's Wishes, Says Nagaland CM Neiphiu Rio
PTI | December 21, 2021 8:57 AM IST
The chief minister said that in view of the improved situation in Nagaland, the State Government
Centre Imposed AFSPA Against State's Wishes, Says Nagaland CM Neiphiu Rio
indiacom
2021-12-20T21:57:38+00:00
2021-12-20T21:57:38+00:00
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AFSPA to Continue in Assam, to be Withdrawn if Peace Lasts, Says CM Himanta Biswa Sarma
PTI | December 21, 2021 8:49 AM IST
Assam CM Sharma said that no state government wants to continue with AFSPA if the law and order
AFSPA to Continue in Assam, to be Withdrawn if Peace Lasts, Says CM Himanta Biswa Sarma
indiacom
2021-12-20T21:49:42+00:00
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Fresh Protests Erupt Again Over Civilian Deaths in Nagaland, Agitators Call For Non-Cooperation
India.com News Desk | December 17, 2021 3:35 PM IST
The protesters under the banner of ENPO just like the Konyak Union resolved to abstain from
Fresh Protests Erupt Again Over Civilian Deaths in Nagaland, Agitators Call For Non-Cooperation
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2021-12-17T04:35:02+00:00
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Fresh Protests Erupt in Nagaland Days After Civilian Killings; Locals Demand Justice, Repeal of AFSPA
India.com News Desk | December 11, 2021 7:26 PM IST
The protesters said they are asking for justice and don't need sympathy.
Fresh Protests Erupt in Nagaland Days After Civilian Killings; Locals Demand Justice, Repeal of AFSPA
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2021-12-11T08:26:06+00:00
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Crisis in Mon (Nagaland) Leaves Several Unanswered Questions
Amit Bansal | December 7, 2021 6:19 PM IST
The demand to repeal AFSPA has gained momentum post the unfortunate killing of six civilians in Mon
Crisis in Mon (Nagaland) Leaves Several Unanswered Questions
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2021-12-07T07:19:00+00:00
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AFSPA
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Explained: Why Nagaland Civilian Killings Have Sparked Fresh Debate on AFSPA
Rajashree Seal | December 7, 2021 3:00 PM IST
The AFSPA, in force in certain parts of Assam, Manipur, Arunachal Pradesh besides Nagaland, allows
Explained: Why Nagaland Civilian Killings Have Sparked Fresh Debate on AFSPA
indiacom
2021-12-07T04:00:44+00:00
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Home Ministry Declares Nagaland Disturbed Area For 6 More Months Till Dec 31 Under AFSPA
India.com News Desk | June 30, 2021 6:37 PM IST
Issuing a notification, the Union Home Ministry said that the government is of the opinion that the
Home Ministry Declares Nagaland Disturbed Area For 6 More Months Till Dec 31 Under AFSPA
indiacom
2021-06-30T07:37:21+00:00
2021-06-30T07:37:21+00:00
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DNA Samples of 3 Men Killed in Shopian Encounter Match With Families From Rajouri: J&K Police
PTI | September 25, 2020 3:58 PM IST
Asked whether the three men were indeed labourers, as claimed by their families, and not involved
DNA Samples of 3 Men Killed in Shopian Encounter Match With Families From Rajouri: J&K Police
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2020-09-25T04:58:28+00:00
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Centre Extends 'Disturbed Area' Tag For 3 Arunachal Districts For Another Six Months
India.com News Desk | October 1, 2019 6:54 PM IST
The decision was taken after reviewing the law and order situation in these 3 districts
Centre Extends 'Disturbed Area' Tag For 3 Arunachal Districts For Another Six Months
indiacom
2019-10-01T07:54:12+00:00
2019-10-01T07:57:24+00:00
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Why Was Congress Mourning Balakot Airstrike, 'Chachere, Mamere Bhai Hain?' Asks Amit Shah in Bihar
India.com News Desk | April 24, 2019 3:56 PM IST
Amit Shah launched a scathing attack on Rahul Gandhi saying the Congress mourned the Balakot
Why Was Congress Mourning Balakot Airstrike, 'Chachere, Mamere Bhai Hain?' Asks Amit Shah in Bihar
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2019-04-24T04:56:53+00:00
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Challenge Congress Leaders to Let go Off Their Security Once: PM Modi Over Party's Poll Promise to Amend AFSPA
India.com News Desk | April 6, 2019 5:40 PM IST
PM Narendra Modi was addressing a poll rally in Chhattisgarh's Balod on Saturday. Lok Sabha
Challenge Congress Leaders to Let go Off Their Security Once: PM Modi Over Party's Poll Promise to Amend AFSP
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2019-04-06T06:40:00+00:00
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Manpreet Singh Badal Says Not Against AFSPA But Won't Allow Misuse
IANS | April 5, 2019 2:57 PM IST
Badal, who is a member of the Congress' manifesto committee, was interacting with reporters in
Manpreet Singh Badal Says Not Against AFSPA But Won't Allow Misuse
indiacom
2019-04-05T03:57:51+00:00
2019-04-05T03:57:51+00:00
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Controversial AFSPA Partially Withdrawn From Arunachal
India.com News Desk | April 3, 2019 8:25 AM IST
The four police station areas in Arunachal which were declared "disturbed areas" under AFSPA are no
Controversial AFSPA Partially Withdrawn From Arunachal
indiacom
2019-04-02T21:25:15+00:00
2019-04-02T21:25:15+00:00
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Congress Manifesto Promises it Won't Allow Any Changes in Article 370
IANS | April 2, 2019 10:30 PM IST
It also promised to ensure the safety of students, traders and others belonging to the state and
Congress Manifesto Promises it Won't Allow Any Changes in Article 370
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2019-04-02T11:30:35+00:00
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Congress Releases Manifesto, Promises Jobs, Kisan Budget, GST 2.0 | 10 Points
India.com News Desk | April 2, 2019 1:29 PM IST
Here are the top 10 takeaways from the Congress party's poll manifesto 'Hum Nibhayegen'.
Congress Releases Manifesto, Promises Jobs, Kisan Budget, GST 2.0 | 10 Points
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2019-04-02T02:29:06+00:00
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Supreme Court Quashes Pleas of Army Officers Challenging Lodging of FIRs For Operations in AFSPA Areas
India.com News Desk | November 30, 2018 6:28 PM IST
The Centre supported the pleas before a bench of Justices Madan B Lokur and U U Lalit against the
Supreme Court Quashes Pleas of Army Officers Challenging Lodging of FIRs For Operations in AFSPA Areas
indiacom
2018-11-30T07:28:40+00:00
2018-11-30T07:28:40+00:00
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