Nagaland declared ‘Disturbed Area’ for another 6 months
Recently, the entire Nagaland has been declared a ‘disturbed area’ for 6 more months under the Armed Forces Special Powers Act (AFSPA).
The Ministry of Home Affairs (MHA) has notified that the entire Nagaland region is in such a “disturbed and dangerous situation that the use of armed forces to assist the civil authorities is necessary.
Armed Forces (Special Powers) Act, 1958 (AFSPA)
- AFSPA was implemented in The AFSPA grants armed forces “extraordinary powers and immunities to restore order in disturbed areas”.
- Such areas are considered to be disturbed due to differences or disputes between members of different religious, racial, linguistic or regional groups or castes or communities.
- AFSPA empowers the armed forces with provisions like legal immunity for their actions, arresting anyone without warrant, stopping and searching a vehicle, etc.
- An area needs to be declared disturbed by the central or state government for AFSPA to be valid. At present, AFSPA is in force in parts of Assam, Jammu and Kashmir and Ladakh, Nagaland, Manipur (except Imphal municipal area) and Arunachal Pradesh.
- In 2016, the Supreme Court ruled that the armed forces “cannot evade investigation of excesses committed by them in the discharge of their duties even in disturbed areas”.
- Also, Justice Jeevan Reddy Commission (2005) had also recommended repeal of AFSPA.
Source – The Hindu