AFSPA

AFSPA

Many of us have heard about AFSPA. We regularly listen about AFSPA in various tv channels and newspapers. Let us have some inside about this act.

The history of AFSPA or we can say "ARMED FORCES (SPECIAL POWERS) ACT 1958", dates back to India's independence. After the independence many princely states were merged with India (thanks to the persuasive skill of sardar vallabh bhai patel). The north east region was also merged to India. Naga people of Assam and Manipur opposed the merger of their area with India. They claimed that they are socially, culturally and racially different from Indians. They revolted and held a referendum declaring independence from India. They resorted to violence against state machinery. Rebellions under the leadership of Naga Nationalist Council set up a parallel government call Federal Government of Nagaland in 1956. Government of the state of Assam tried hard to control rebels, but failed and asked support from Government of India. After all parliament of India passed the Armed Forces (Special Powers) Act 1958.

So this was the story of AFSPA. Now we will see the provisions of AFSPA.

Provisions:

The act confers on an officer, warrant officer or a non commissioned officer or any other person of equivalent rank in armed forces, the power to

• Fire upon any person or use force, causing even death to the person who is disregarding the orders against unlawful assembly.     
• Arrest  without warrant
• Enter and Search any premise
• Destroy any arms dumps
• Stop, Search and Seize any vehicle

The act provide legal immunity to the person of armed forces, as prosecution against the person of armed forces can not be initiated without the prior permission of central government.

This act was initially enacted in Assam and Manipur in 1958 and later covered whole north east.

It was in force in Punjab from 1985 to 1994. It is in force in Jammu and Kashmir since 1990.

This act comes into force only when an area of a state is declared disturbed and the power to declare an area disturbed is extended to central government by the act 7 of 1972.

Controversy:

It has been alleged that the AFSPA is used by armed forces for arbitrary killings, torture, cruelty and inhuman treatment.

After lot of agitations in Manipur, central government in 2005 appointed a committee under supreme court judge B.P. Jeevan Reddy to review the act. The committee submitted its report suggesting repealing the act. But supreme court of India has confirmed the validity of act by suggesting to use it more judiciously.