SSB Lecturette | Armed Forces Special Power Act - Pros and Cons

ARMED FORCES SPECIAL POWER ACT ( AFSPA )

The Armed Forces (Special Powers) Act was enacted in 1958 to bring under control the ‘disturbed’ areas. AFSPA grants extraordinary powers and immunity to the armed forces to bring back order in those disturbed areas.

The Act came into force in the context of increasing violence in the Northeastern States decades ago, which the State governments found difficult to control.

The AFSPA empowers the Army and Central forces deployed in “disturbed areas” to kill anyone breaking the law and arrest and search any premises without warrant. They have legal immunity for their actions.

AFSPA can be invoked in areas which the government identifies as 'disturbed', under the Disturbed Areas (Special Courts) Act 1976.

WHERE ALL AFSPA HAS BEEN IMPLEMENTED ?

• In 1983, the AFSPA was enforced in Punjab and Union territory of Chandigarh, and withdrawn in 1997.
• In 1990, Jammu and Kashmir was declared a 'disturbed area' and AFSPA was enforced in the region, where Army continues to have special privileges.
• Manipur, since 1980, has been under the Act. In 2014, it was partially withdrawn but continues to be in force in many districts.
• In May, 2015, after an exhaustive review of the law and order situation in Tripura, the AFSPA was finally removed from this state after 18 long years.
• The Centre revoked the act in Meghalaya on April 1, 2018. Earlier, the AFSPA was effective in a 20 km area along the Assam-Meghalaya border.
• In Arunachal Pradesh, the impact of AFSPA was reduced to eight police stations instead of 16 police stations and in Tirap, Longding and Changlang districts bordering Assam.

THE FOLLOWING STATES STILL FALL UNDER THE PURVIEW OF AFSPA

1. Assam,
2. Nagaland,
3. Manipur (except the Imphal municipal area),
4. Arunachal Pradesh (8 police stations instead of 16 police stations and in Tirap, Longding and Changlang districts bordering Assam), and
5. Jammu and Kashmir.

PROS OF AFSPA

1. Essential for the armed forces to function effectively with special powers in insurgency and militancy affected areas.

2. It is necessary to maintain law and order in the disturbed areas of the country, otherwise things will get uncontrolled to a large extend.

3. It ensures the safety of the common people, who have to live under the fear of lawlessness in the disturbed area.

4. Hundreds of armed forces personnel loss their lives every year at the hands of insurgents and militants. Therefore, giving armed forces a free hand will boost their morale and enhance their effectiveness.

CONS OF AFSPA

1. Suspension of fundamental rights and liberties guaranteed to the citizens. It weakens democracy.

2. It is considered inhumane to have people forced to live in curfew like conditions for their entire lives.

3. There have been several cases of human rights violations such as rapes and encounters, during the enforcement of the Law.

4. Although being in existence for about 50 years, it failed in its objective of restoring normalcy in disturbed areas.