Context
- The Central Government, Assam, and Nagaland recently signed a historic tripartite Memorandum of Understanding (MoU) to resume mineral and oil exploration in their disputed boundary areas, ending a three-decade deadlock.
- Concurrently, the Union Home Ministry announced plans to withdraw the Armed Forces (Special Powers) Act (AFSPA) from the majority of the Northeast by next year, citing an 80% reduction in violence and the successful signing of 12 peace accords since 2019.
About Armed Forces Special Powers Act (AFSPA), 1958
- Historical Origin: Originated from the British-era Armed Forces Special Powers Ordinance of 1942, promulgated to suppress the Quit India Movement.
- Enactment (1958): Enacted by the Indian Parliament to counter the Naga insurgency in undivided Assam and Manipur.
- 1972 Amendment: Conferred the Central Government with the authority to unilaterally declare any region a “disturbed area” and impose AFSPA without requiring the consent of the respective State government.
- Expansion: Following the 1972 amendment, the Act was extended to Meghalaya, Nagaland, Tripura, and Arunachal Pradesh.
Key Features of AFSPA, 1958
- Declaration of Disturbed Areas (Section 3): The Central Government, State Governor, or Union Territory Administrator can designate a region as a “disturbed area” through an Official Gazette notification.
- Special Operational Powers (Section 4): Empowers armed forces personnel to:
- Use force, including lethal measures, against individuals violating the law.
- Arrest suspects without a warrant based on reasonable suspicion.
- Enter and search premises without a warrant.
- Prohibit the assembly of five or more individuals to prevent unrest.
- Legal Immunity (Section 6): Shields armed forces personnel from prosecution and legal suits for actions taken under the Act, unless prior sanction is granted by the Central Government.
- Periodic Review: Mandates regular government assessment of the security situation to determine the continued necessity of the “disturbed area” classification.
Operational Utility & Security Role of AFSPA
- Provides operational flexibility and legal immunity to security forces for swift counter-insurgency actions.
- Instrumental in securing porous borders and curbing transnational organized crime, such as drug trafficking from the Golden Triangle.
- Aids in restoring political stability in severely disturbed regions, enabling the resumption of civilian administration.
Key Challenges & Criticisms
- Prolonged Enforcement: Imposed continuously in states like Nagaland since 1958, leading to civilian alienation.
- Human Rights Concerns: Faces severe criticism over allegations of extrajudicial killings and disproportionate use of force.
Supreme Court Interventions
- Naga People’s Movement of Human Rights v. Union of India (1997): Upheld the constitutional validity of AFSPA. However, the Court mandated that ‘disturbed area’ declarations must have a limited timeframe and undergo mandatory periodic reviews every six months.
- 2016 Judgement (Extrajudicial Killings): The Court ruled that AFSPA does not grant absolute immunity (“no license to kill”). It ordered investigations into alleged fake encounters in Manipur, emphasizing that security forces are subject to human rights accountability.
With respect to the Armed Forces (Special Powers) Act (AFSPA) and its current status, consider the following statements:
I. The Act empowers armed forces personnel to arrest individuals without a warrant on the basis of reasonable suspicion in a designated disturbed area.
II. Any prosecution or legal suit against security personnel for actions taken under AFSPA requires the prior sanction of the respective State Government.
III. Owing to a significant reduction in insurgent activities, the Act has been completely repealed from the states of Tripura and Meghalaya.
Which of the statements given above are correct?
(a) Only I and II
(b) Only I and III
(c) Only II and III
(d) I, II and III
Answer: B
Explanation:
Statement I is correct: Under the special operational powers of AFSPA, armed forces are legally empowered to arrest suspects without a warrant and search premises to maintain public order in a disturbed area.
Statement II is incorrect: The Act provides strict legal immunity to security forces. No prosecution or legal proceedings can be initiated against them without the prior sanction of the Central Government, not the State Government.
Statement III is correct: Due to a continuous decline in violence and the signing of successful peace accords, AFSPA has been completely withdrawn from Tripura (2015) and Meghalaya (2018). Additionally, its operational footprint has been partially reduced across Assam, Nagaland, and Manipur in recent years.