AFSPA Extended For 6 Months In Parts Of Arunachal & Nagaland, Know All About Controversial Legislation

The Ministry of Home Affairs (MHA) has extended the Armed Forces (Special Powers) Act, 1958 (AFSPA) in parts of Arunachal Pradesh and Nagaland for another six months beginning from October 1.

In Nagaland, this includes the districts of Mangkolemba, Mokochung-I, Longtho, Tuli, Longchem and Anaki 'C' police stations in Mokokchung district, Yanglok police station in Longleng district, Bhandari, Champang and Ralan police stations in Wokha district, Ghatashi, Pughoboto, Satakha, Suruhuto, Zunheboto and Aghunato police stations in Zunheboto district.

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In Arunachal Pradesh, it was also extended for another six months in Tirap, Changlang and Longding districts in Arunachal Pradesh and the areas falling within the jurisdiction of Namsai, Mahadevpur and Chowkham police stations in Namsai district.

What is the AFSPA?

Armed Forces (Special Powers) Act (AFSPA) is a Parliamentary act that grants special powers to the Indian Armed Forces and the state and paramilitary forces to maintain law and order in areas classified as "disturbed areas".

The act 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.

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It further empowers the army to arrest a person without a warrant, enter or search a premises without a warrant, and prohibit the possession of firearms only based on 'reasonable suspicion'.

How was AFSPA introduced?

The British originally enacted the AFSPA in response to the Quit India movement in 1942. It was implemented on August 15, 1942.

Post-independence, the act was kept in place in the face of rising violence in the Northeastern states and Jammu and Kashmir.

Which areas still have the AFSPA?

Initially, AFSPA was implemented in the Northeastern states, Jammu and Kashmir, and Punjab.

In these three states, AFSPA was introduced with three separate acts: the Armed Forces Special Powers (Assam and Manipur) Act, 1958; The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983; and The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.

It was first repealed in Mizoram in the 1980s, Punjab in 1997, Tripura in 2015, and Meghalaya on April 1, 2018.

In Manipur, Assam, Arunachal Pradesh and Nagaland, AFSPA still exists in certain districts or police stations.

Why has there been criticism against the AFSPA?

AFSPA has created a culture of impunity, allowing military forces and administrations to disrespect human rights and the rule of law.

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.

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International bodies like the United Nations and Human Rights Watch have condemned the AFSPA, with the UN asking India to repeal the Act in 2012.

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