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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.

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