The Armed Forces (Special Powers) Act, 1958
The Armed Forces (Special Powers) Act, 1958 (AFSPA) is a law passed by the Indian Parliament that grants special powers to the Indian Armed Forces in areas classified as “disturbed areas”. The Act was initially enacted to address insurgency and maintain public order in parts of the North-Eastern states of India.
🔍 Detailed Explanation of AFSPA, 1958
1. Objective of AFSPA
To empower the armed forces to maintain public order in “disturbed areas” where militancy, insurgency, or internal disturbances exist.
2. Key Provisions of the Act
| Section | Provision |
|---|---|
| Section 3 | The Governor of a State or the Central Government can declare any area as a disturbed area if it is in their opinion necessary. |
| Section 4 | Grants wide powers to the armed forces in disturbed areas, including: - Use force, even to the extent of causing death, against a person acting against law & order. - Destroy arms dumps, hideouts, or shelters. - Arrest without warrant. - Enter and search any premises without warrant. |
| Section 5 | Any person arrested has to be handed over to the nearest police station with the least possible delay. |
| Section 6 | Provides legal immunity to security personnel – no prosecution or legal proceedings can be initiated against them without the sanction of the Central Government. |
3. States Affected by AFSPA
AFSPA has been applied mainly in:
North-Eastern States: Assam, Manipur, Nagaland, Arunachal Pradesh (partially), and Mizoram (earlier).
Jammu & Kashmir: Under AFSPA, 1990 (a separate but similar law).
Areas are notified as “disturbed” based on the ground situation.
4. Why is it Controversial?
| Supporters Say | Critics Say |
|---|---|
| Necessary to combat insurgency and terrorism. | Leads to human rights violations (e.g., fake encounters, torture, rape). |
| Helps maintain order in difficult regions. | Impunity to armed forces – lack of accountability. |
| Legal protection is essential for forces in hostile environments. | Violates fundamental rights of citizens. |
5. Judicial and Committee Views
Supreme Court (1997 - Naga People's Movement case): Upheld the constitutionality of AFSPA but emphasized that use of force must be proportional and not arbitrary.
Jeevan Reddy Committee (2005): Recommended repeal of AFSPA and suggested incorporating necessary provisions into the Unlawful Activities (Prevention) Act (UAPA).
Justice Hegde Report (2013): Found extrajudicial killings in Manipur, called for accountability.
6. Recent Developments
In recent years, AFSPA has been partially withdrawn or relaxed in some areas:
Tripura: AFSPA withdrawn in 2015.
Meghalaya: Removed in 2018.
Parts of Assam, Nagaland, Manipur: AFSPA relaxed or removed in phases (2022–2024).
However, it still remains in force in certain sensitive areas.
📘 Summary Table
| Aspect | Details |
|---|---|
| Full Name | Armed Forces (Special Powers) Act, 1958 |
| Applicable To | Indian Armed Forces |
| Applicable Regions | Disturbed Areas (mainly NE states and J&K) |
| Main Powers Given | Search without warrant, arrest without warrant, use deadly force |
| Legal Protection | Immunity from prosecution without central govt. sanction |
| Declaration of Area | By Governor or Central Government |
| Controversy | Alleged human rights violations, lack of accountability |
| Current Status | Partially withdrawn in some states, still in force in others |
| Key Committees | Jeevan Reddy Committee, Justice Hegde Commission |
| Court Stand | Constitutionally valid, but to be exercised with restraint |
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