Intense violence compelled the Indian government to reimpose the Armed Forces Special Powers Act (AFSPA) in the violence hit areas of Manipur

 

In recent months, Manipur, a northeastern state in India, has witnessed intense violence, compelling the Indian government to reimpose the Armed Forces Special Powers Act (AFSPA) in the region. This decision raises critical questions about the delicate balance between restoring order and protecting civil liberties. Understanding AFSPA is crucial to grasp the complex dynamics of security, governance, and human rights in regions grappling with insurgency and unrest.

What is AFSPA?

The Armed Forces Special Powers Act (AFSPA) was first enacted in 1958 to address insurgency and civil unrest in the northeastern states of India. Its purpose is to empower the Indian Armed Forces to take decisive action in areas declared "disturbed." AFSPA grants special powers to the military and paramilitary forces, enabling them to operate with greater authority and autonomy in regions facing severe unrest or violence.

Key Provisions of AFSPA

1. Disturbed Areas:
   One of the first steps in the imposition of AFSPA is the declaration of an area as "disturbed." This can be done by the Governor of the state, the administrator of a Union Territory, or by the Central Government. If a state or region is considered to be under threat from insurgents, or if law and order cannot be restored through normal means, AFSPA is invoked to authorize the use of armed forces in restoring peace.

2. Granting Special Powers to the Armed Forces:
   Once AFSPA is in force, the Armed Forces are given extraordinary powers. These include:

   • Authority to open fire: Soldiers can shoot anyone who contravenes the law, even without prior warning.
   • Search and Arrest Powers: The forces can arrest individuals or search premises without a warrant. This is seen as crucial for maintaining security but has often been criticized for its potential misuse.
   • Seizure of Property: The military has the right to seize property if it is believed to be used for insurgency or illegal activities.

3. Immunity to Armed Forces Personnel:
   AFSPA provides immunity to armed forces personnel from prosecution for actions taken during their duty. This immunity can only be lifted with prior approval from the Central Government. This provision has been one of the most controversial aspects of AFSPA, as it is often seen as encouraging human rights violations without accountability.

4. Treatment of Arrested Persons:
   If a person is arrested under AFSPA, the military is required to hand them over to the local police with the least possible delay. However, the extent of compliance with this provision remains a matter of concern, with numerous reports suggesting delays or mishandling of prisoners.

The Regions Affected by AFSPA

AFSPA has been in force for decades in various parts of India, especially in regions affected by insurgency. Some of the areas where AFSPA continues to be enforced include:

• Northeastern States: Assam, Manipur, Nagaland, and parts of Arunachal Pradesh.
• Jammu & Kashmir: The Armed Forces (Jammu & Kashmir) Special Powers Act of 1990 applies to the disturbed areas of Jammu and Kashmir.
• These regions have long faced insurgency, ethnic violence, and militant activities, making AFSPA a key tool in efforts to restore order and stability.