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Armed Forces Special Powers Act (AFSPA)

Chahal's Gyan Ki Baat

 

INDEX

REFERENCE WITH UPSC-CSE SYLLABUS

ABOUT AFSPA

AFSPA ORIGIN

WHAT POWER IT GIVES TO ARMED FORCES

WHAT IS DISTURBED AREA

WHO CAN DECLARE DISTURBED AREA

WHAT CAN BE DECLARED DISTURB AREA

STATES UNDER AFSPA

AFSPA CRITICISM

GOVERNMENT STATEMENT

CHALLENGES

CONCLUSION

EXPECTED PRELIMS QUESTIONS

EXPECTED MAINS QUESTION

REFERENCE WITH UPSC-CSE SYLLABUS

  • General Studies-III
  • Security Challenges and their Management in Border Areas - Linkages of Organized Crime with Terrorism.

     

ABOUT AFSPA

  • In disturbed areas to uphold public order AFSPA gives authority to the armed forces to take action.
  • An assembly of five or more persons in an area, they have the power to prohibit them.

AFSPA ORIGIN

POST INDEPENDENCE

  • 11 September 1958, The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament, later it was accepted by the President.
  • It was done because decades ago, the State governments were not able to control, increasing violence especially in the Northeastern States.

PRE INDEPENDENCE

  • Traces of the act can be seen during quit India movement in which later Britisher on 15 August 1942 tried to suppress Quit India Movement circulating The Armed Forces Special Powers Ordinance.

WHAT POWER IT GIVES TO ARMED FORCES

  • They can use force
  • even open fire
  • arrest a person without a warrant
  • enter or search a premises without a warrant
  • To the officer in charge of the nearest police station, later they are handed over along with a report specifying the conditions that led to the arrest.

WHAT IS DISTURBED AREA

  • Under Section 3 of the AFSPA, a disturbed area is declared through notification.

An area can be categorized as disturbed

  • due to differences
  • disputes between members of different
      • religious
      • racial
      • language
      • regional groups
      • castes
      • communities

WHO CAN DECLARE DISTURBED AREA

  • The Central Government (Home ministry)
  • the Governor of the State
  • Administrator of the Union Territory
  • State view can be overruled by the governor or the Centre, under Section (3) of the act.

WHAT CAN BE DECLARED DISTURB AREA

  • The whole state
  • Part of the State
  • The whole Union Territory
  • Part of Union Territory

STATES UNDER AFSPA

It is effective in the

  • Nagaland
  • Assam
  • Jammu and Kashmir
  • Some parts of Manipur
  • Some parts of Arunachal Pradesh
  • In 2015 Tripura withdrew AFSPA
  • In Meghalaya Centre revoked AFSPA on April 1, 2018.
  • 20 km area along the Assam-Meghalaya border (Earlier the AFSPA was effective there)

AFSPA CRITICISM

  • Most time the act is misused
  • Enforced disappearances
  • Fake encounters
  • Sexual assault

GOVERNMENT STATEMENT

  • To store peace in disturb area.
  • More power to deal with violent situation.
  • In disturbed areas, upholding law and order
  • Nation sovereignty and security protection.

CHALLENGES

  • Misuse of the Act is more than use.
  • It is license to kill given by government.
  • It weakens democracy.

CONCLUSION

  • It violates Right to privacy,Human rights,Justice ,Prevention against arrest and detention etc.
  • It creates feeling of separation in people.
  • More than 60 years since AFSPA existence and it feels like government is creating the disturbing area rather than bringing normality in disturbed areas.
  • It create a vicious cycle of violence:

Draconian law led to violence-----more violence-----more counter violence-----alienation feeling-----terror support-----violence

EXPECTED PRELIMS QUESTIONS

Q1. Consider the following statement regarding Armed Forces Special Powers Act

  1. In disturbed areas to uphold public order AFSPA gives authority to the armed forces to take action.
  2. An assembly of five or more persons in an area, they have the power to prohibit them.
  3. In 1950, The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament.

Which of the following statement is correct?

(1) a and c

(2) a and b

(3) b and c

(4) All of the above

SOLUTION

STATEMENT A is correct because in disturbed areas to uphold public order AFSPA gives authority to the armed forces to take action.

STATEMENT B is correct because an assembly of five or more persons in an area, they have the power to prohibit them.

STATEMENT C is incorrect because in 11 September 1958, The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament,

Q2. Which of the following statements are incorrect

  1. In 2015 Tripura withdrew AFSPA (Armed Forces Special Powers Act)
  2. In Meghalaya Centre revoked AFSPA on 2020
  3. Some parts of Delhi is under AFSPA
  4. a  only
  5. b only
  6. b and ca, b , c

SOLUTION

STATEMENT A is correct because In 2015 Tripura withdrew AFSPA (Armed Forces Special Powers Act)

STATEMENT B is incorrect because in Meghalaya Centre revoked AFSPA on April 1, 2018.

STATEMENT C is incorrect because no part of Delhi is under AFSPA

Q3. Which of the following states are under AFSPA

  1. Bihar
  2. Uttar Pradesh
  3. Assam
  4. Nagaland

(1) a and c

(2) b and d

(3) a and b

(4) c and d

SOLUTION

STATES UNDER AFSPA

  1. Nagaland
  2. Assam
  3. Jammu and Kashmir
  4. Some parts of Manipur
  5. Some parts of Arunachal Pradesh
  6. In 2015 Tripura withdrew AFSPA
  7. In Meghalaya Centre revoked AFSPA on April 1, 2018.
  8. 20 km area along the Assam-Meghalaya border (Earlier the AFSPA was effective there)

EXPECTED MAINS QUESTION

Q1. Discuss the impact of AFSPA in dealing with insurgent groups and its impact on northeastern states.