Armed Forces (Special Powers) Act

AFSPA Extension in Manipur: A Delicate Balancing Act

Note4Students

From UPSC perspective, the following things are important :

Prelims level: AFSPA

Mains level: Not Much

afspa manipur

Central Idea

  • The Manipur government has announced the extension of the Armed Forces (Special Powers) Act (AFSPA) for another 6 months across the entire state.
  • However, it excludes 19 police stations in seven districts of the Imphal Valley.

Why such move?

  • Gradual Withdrawal: Since 2022, AFSPA has been progressively withdrawn from the valley districts, primarily inhabited by the Meitei community.
  • Resurgence of Insurgent Groups: There has been a resurgence of insurgent groups, largely operating from Myanmar, advocating for Manipur’s secession from India.
  • Ethnic Violence: Ethnic violence between the Meitei and tribal Kuki communities has claimed at least 175 lives since May 3, making it the deadliest conflict in Manipur since 1999.

AFSPA History in Manipur

  • Decades of AFSPA: AFSPA has been applicable in Manipur since 1981, impacting both the valley and hill districts.
  • Gradual Withdrawal: The Act’s provisions have been gradually withdrawn from the valley districts over the years, signifying evolving security dynamics.

What is Armed Forces (Special Powers) Act, 1958?

  • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
  • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
  • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without a warrant; enter or search premises without a warrant; and ban the possession of firearms.

A Backgrounder

  • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
  • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
  • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

What are the Special Powers?

  • Power to use force: including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;
  • Power to destroy structures: used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
  • Power to arrest: without warrant and to use force for the purpose;
  • Power to enter and search premises: without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

Who can declare/notify such areas?

  • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.

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