AFSPA in India, Special Power to Forces & Human Right Issue

What is AFSPA ?

Armed Forces Special Powers Act (AFSPA), 1958 is an act of the Parliament of India that grants special powers to Indian Armed Forces to maintain public order in “disturbed areas”.

AFSPA can be imposed in an area or a region for 6 months at a time, after which it has to be extended if the government deems it necessary.

History of AFSPA & Area under this Act

• Armed Forces (Assam & Manipur) Special Powers Act, 1958 substituted by Armed Forces (Special Powers) Act, 1958.
• Armed Forces (Punjab & Chandigarh) Special Powers Act on 6 October 1983, implemented in Punjab & Chandigarh to curb Khalistan movement.
• Armed Forces (Jammu & Kashmir) Special Powers Act, 1990 was enacted in Sep 1990

Special Power to the Armed forces in AFSPA

1. Armed forces 1st gives warning if the trouble making group is disturbing peace of the area than the forces can use force even to cause death.
2. Power to arrest without a warrant.
3. Power to enter & search any premise.
4. Power to stop & search any vehicle.

Human Rights Issue due to AFSPA

• Custodial rape & killing of the Thangjam Manorama by the Assam rifles in 2004
• Early December, 2021, a case of Mistaken identity leaded to killing of 14 civilian by 21st Para Special Forces of Indian Army in Mon district of Nagaland.