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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.

Centre Extends 'Disturbed Area' Tag For 3 Arunachal Districts For Another Six Months
India.com News Desk | October 1, 2019 6:54 PM IST
New Delhi: The central government on Tuesday extended the Armed Forces (Special Powers) Act in three...
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
AFSPA
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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
Munger/Samastipur: Bharatiya Janata Party (BJP) chief Amit Shah on Wednesday attacked Congress Presi...
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
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
Balod: Prime Minister Narendra Modi on Saturday launched a scathing attack on Congress and its allie...
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
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
Responding to the Prime Minister Narendra Modi's allegation that the Congress wants to take away the...
Manpreet Singh Badal Says Not Against AFSPA But Won't Allow Misuse
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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
New Delhi: The Ministry of Home Affairs (MHA) has partially withdrawn the controversial Armed Forces...
Controversial AFSPA Partially Withdrawn From Arunachal
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2019-04-02T21:25:15+00:00
2019-04-02T21:25:15+00:00
AFSPA
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Congress Manifesto Promises it Won't Allow Any Changes in Article 370
IANS | April 2, 2019 10:30 PM IST
The Congress has promised that it won't allow any change in constitutional position on Article 370, ...
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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AFSPA
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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
New Delhi: The Congress released its manifesto for the Lok Sabha elections 2019 on Tuesday from its ...
Congress Releases Manifesto, Promises Jobs, Kisan Budget, GST 2.0 | 10 Points
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AFSPA
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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
New Delhi: The Supreme Court on Friday dismissed pleas of around 350 Army personnel who had challeng...
Supreme Court Quashes Pleas of Army Officers Challenging Lodging of FIRs For Operations in AFSPA Areas
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2018-11-30T07:28:40+00:00
2018-11-30T07:28:40+00:00
AFSPA
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Army Chief Bipin Rawat Questions Need to Approach Supreme Court Against Dilution of AFSPA, Says Most Never Participated in Counter-insurgency Operations
India.com News Desk | September 4, 2018 6:25 AM IST
New Delhi: Army Chief General Bipin Rawat on Monday questioned the need to knock the door of the Sup...
Army Chief Bipin Rawat Questions Need to Approach Supreme Court Against Dilution of AFSPA, Says Most Never Pa
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2018-09-03T19:25:20+00:00
2018-09-03T19:32:26+00:00
AFSPA
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Assam Extends AFSPA by Six Months While NRC Process Continues in State
India.com News Desk | August 30, 2018 7:03 AM IST
Guwahati: Declaring the entire state as "a disturbed area", the Assam government has issued a notifi...
Assam Extends AFSPA by Six Months While NRC Process Continues in State
indiacom
2018-08-29T20:03:07+00:00
2018-08-29T20:03:07+00:00
AFSPA
India.com
AFSPA: Supreme Court to Hear Plea Filed by 300 Army Personnel Against Prosecution in Manipur, J&K on September 4
India.com News Desk | August 20, 2018 9:38 AM IST
New Delhi, Aug 20: The Supreme Court will now hear the plea filed by over 300 Indian Army personnel ...
AFSPA: Supreme Court to Hear Plea Filed by 300 Army Personnel Against Prosecution in Manipur, J&K on Septembe
indiacom
2018-08-19T22:38:38+00:00
2018-08-20T02:54:18+00:00
AFSPA
India.com
Arunachal Cong demands complete withdrawal of AFSPA
PTI Feeds | April 24, 2018 8:45 PM IST
Itanagar, Apr 24 (PTI) The Centre's decision to withdraw AFSPA from parts of Arunachal Pradesh has e...
Arunachal Cong demands complete withdrawal of AFSPA
indiacom
2018-04-24T09:45:43+00:00
2018-04-24T09:45:43+00:00
AFSPA
India.com
AFSPA Completely Revoked From Meghalaya, Some Parts of Arunachal Pradesh
India.com News Desk | April 23, 2018 5:00 PM IST
New Delhi, April 23: The Union Home Ministry on Monday completely removed the controversial Armed Fo...
AFSPA Completely Revoked From Meghalaya, Some Parts of Arunachal Pradesh
indiacom
2018-04-23T06:00:29+00:00
2018-04-23T08:36:02+00:00
AFSPA
India.com
No Proposal to Amend or Revoke AFSPA Under Consideration, Says Government
India.com News Desk | March 20, 2018 9:26 PM IST
New Delhi, Mar 20: The government on Tuesday clarified that there is no proposal to amend or withdra...
No Proposal to Amend or Revoke AFSPA Under Consideration, Says Government
indiacom
2018-03-20T10:26:53+00:00
2018-03-20T10:28:06+00:00
AFSPA
India.com
Indian Army Proportionately Retaliating to Cross Border Actions: Nirmala Sitharaman
India.com News Desk | March 4, 2018 1:02 PM IST
New Delhi, Mar 4: Union Defence Minister Nirmala Sitharaman said that the Indian Army is proportiona...
Indian Army Proportionately Retaliating to Cross Border Actions: Nirmala Sitharaman
indiacom
2018-03-04T02:02:31+00:00
2018-03-04T02:02:31+00:00
AFSPA
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Time Has Not Come For Revising AFSPA, Says General Bipin Rawat
India.com News Desk | January 28, 2018 7:14 PM IST
New Delhi, Jan 28: Chief of Army Staff General Bipin Rawat on Sunday said that time for revising pro...
Time Has Not Come For Revising AFSPA, Says General Bipin Rawat
indiacom
2018-01-28T08:14:35+00:00
2018-01-28T08:14:35+00:00
AFSPA
India.com
Centre Extends 'Disturbed' Tag on Assam, Meghalaya, Arunachal Pradesh; AFSPA to Prevail
India.com News Desk | August 8, 2017 4:16 PM IST
Guwahati, August 8: The Central Government extended the 'disturbed area' tag on Assam, Meghalaya and...
Centre Extends 'Disturbed' Tag on Assam, Meghalaya, Arunachal Pradesh; AFSPA to Prevail
indiacom
2017-08-08T05:16:00+00:00
2017-08-08T05:17:45+00:00
AFSPA
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'Toothless Tiger' National Human Rights Commission Failed in Manipur: Supreme Court
India.com News Desk | July 15, 2017 10:35 AM IST
Manipur, July 15: The Supreme Court on Friday ordered a CBI probe by a special investigating team (S...
'Toothless Tiger' National Human Rights Commission Failed in Manipur: Supreme Court
indiacom
2017-07-14T23:35:25+00:00
2017-07-14T23:49:36+00:00
AFSPA
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People Rejected me, Don't Want to Return to Manipur, Says Irom Sharmila: Is it The End of Her Fight?
Chanchal Chauhan | July 14, 2017 10:53 AM IST
Bengaluru, July 14: Dejected over her defeat in the Manipur Assembly Elections 2017, Irom Sharmila s...
People Rejected me, Don't Want to Return to Manipur, Says Irom Sharmila: Is it The End of Her Fight?
indiacom
2017-07-13T23:53:37+00:00
2017-07-14T01:36:31+00:00
AFSPA
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Supreme Court Orders CBI Probe Into 62 Encounter Killings Allegedly by Police, Army in Manipur
Aadil Ikram Zaki Iqbal | July 14, 2017 11:11 AM IST
New Delhi, July 14: The Supreme Court on Friday ordered CBI probe into 62 encounter killing in Manip...
Supreme Court Orders CBI Probe Into 62 Encounter Killings Allegedly by Police, Army in Manipur
indiacom
2017-07-14T00:11:38+00:00
2017-07-14T00:11:38+00:00
AFSPA
India.com