Armed Forces Special Powers Act (AFSPA)
Recently Assam has requested the Central Government to withdraw the Armed Forces Special Powers Act (AFSPA), 1958 and the Disturbed Areas Act.
AFSPA provides special powers to the armed forces to maintain law and order in disturbed areas.
The armed forces can even open fire on anyone violating the law in such disturbed areas. They can arrest a person and search any premises without a warrant.
Key aspects of the Act:
Disturbed Area: The Governor of a State and the Central Government are empowered to declare any part or full of any state as a disturbed area if according to their opinion that it has become necessary to disrupt the terrorist activity or any such activity that might impinge on the sovereignty of India or cause insult to the national flag, anthem or India’s Constitution.
Immunity to armed forces personnel: Legal proceedings cannot be taken against them without the prior approval of the Central Government. In 2016, the Supreme Court had said in one of its decisions that the armed forces cannot be exempted from investigation of excesses committed during the discharge of their duties even in disturbed areas.
Dealing with the arrested person: The military officer is bound to hand over the arrested person without any delay to the officer in charge of the nearest police station.
Applicability to: Assam, Manipur, Nagaland and parts of Arunachal Pradesh.
Concerns: Abuse of powers, violation of human rights etc.
Under the Assam Disturbed Area Act, the state government can notify any particular area of a city or town as a disturbed area.
Source – Hindustan Times
