Explained: What is AFSPA And Why People Want It Repealed

Following the incident in Mon district in which security forces gunned down 13 civilians, the Nagaland Cabinet has recommended that the Armed Forces Special Powers Act (AFSPA), 1958 be repealed in the state. Nonetheless, it has long been a demand in the North Eastern states.

Following the firing, Nagaland Chief Minister Neiphiu Rio and Meghalaya Chief Minister Conrad Sangma of the NPP, a BJP ally in the NDA, both called for the controversial Act to be repealed.

What exactly is AFSPA?

In a nutshell, AFSPA gives armed forces broad authority to maintain public order in "disturbed areas." The act is dubbed draconian because it allows armed personnel to prohibit a gathering of five or more people in a given area, use force, or even open fire after giving due warning if they believe a person is breaking the law.

AP

Only on the basis of "reasonable suspicion," the army is empowered to arrest a person without a warrant, enter or search a premises without a warrant, and prohibit the possession of firearms. Any person detained or arrested may be handed over to the officer in charge of the local police station, along with a report explaining the facts surrounding the arrest.

AFSPA can be imposed by the Centre or the Governor of a state, on the state or parts of it, after it is declared ¡°disturbed¡¯¡¯ under Section 3.

The Act defines these as areas that are in ¡°disturbed or dangerous conditions where the use of armed forces in aid of the civil power is necessary¡¯¡¯.

AFSPA has been used in areas where there has been a high level of militancy. The Act also grants total impunity to security personnel involved in such operations: no prosecution or legal proceedings can be brought against them without the prior approval of the Centre.

How did the AFSPA come into being?

In its original form, the Act was enacted by the British in response to the Quit India movement in 1942. Following independence, the act was kept in place in the face of rising violence in the Northeastern states, which state governments found difficult to control.

The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it was approved by the President on September 11, 1958. Since then, it has been referred to as the Armed Forces Special Powers Act, 1958.

Which states are, or were, covered by the Act?

During the militancy years, AFSPA was implemented in the Northeast states, Jammu and Kashmir, and Punjab. It was first repealed in Punjab, then in Tripura in 2015, and finally in Meghalaya on April 1, 2018. Previously, the AFSPA only applied to a 20-kilometre stretch of the Assam-Meghalaya border.

Reuters

It is still applicable in Mizoram, Nagaland, Manipur (with the exception of seven Imphal assembly constituencies), Assam, and parts of Arunachal Pradesh. In Arunachal Pradesh, the impact of AFSPA was decreased from 16 to eight police stations in the bordering districts of Tirap, Longding, and Changlang.

What attempts have been made in the past to repeal AFSPA?

Irom Sharmila, a Manipur activist, initiated a 16-year long hunger strike against AFSPA in the year 2000. Two years later, the UPA government established a five-member committee chaired by a former Supreme Court Justice. In 2005, the Justice Jeevan Reddy Commission issued a report declaring AFSPA to be a symbol of tyranny and urging that it be repealed.

These recommendations were endorsed by the Second Administrative Reforms Commission, which was led by Veeerapa Moily. Former Home Secretary G K Pillai has also advocated for the abolition of AFSPA, while former Home Minister P Chidambaram has stated that the Act should be reformed if not repealed. However, objections from the Defense Ministry put a stop to any decision.

The UPA formed a cabinet sub-committee to examine the topic further. The NDA administration later disbanded the subcommittee and dismissed the Reddy Commission's conclusions.

Human rights issues

AFSPA features provisions that allow for unusual conditions in which accused soldiers can be tried in a court, which is one among the many aspects that raise human rights concerns.

AP

As previously stated, AFSPA has created a culture of impunity, allowing military forces and administrations to disrespect human rights and the rule of law completely. Personnel committing rape, employing human shields on army vehicles, staging fake encounters, and cases of disappearances while in detention are among allegations of human rights violations under AFSPA.

It wasn't long ago that a daily wage labourer was killed after being fired at by an Assam Rifles major. The man, a father of four children, was allegedly detained without a warrant.

Furthermore, in the 1950s, Nagaland and Mizoram bore the brunt of AFSPA, which included air attacks and bombings by the Indian military. Accusations of mass murder and rape have been levelled at security troops.

Manipur has possibly the best documentation of the consequences. Following the Malom massacre in 2000, and the assassination and alleged rape of Thangjam Manorama, AFSPA was repealed in the Imphal municipal region.

Human rights activists have also claimed that the Act has been used to settle private scores, such as property disputes, by providing bogus tip-offs to security personnel through local informants.

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