Why in the News?

Eighteen months after ethnic violence began in Manipur, the Central government has reinstated the Disturbed Areas status under the Armed Forces (Special Powers) Act (AFSPA) in six police station jurisdictions, including the affected area of Jiribam.

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What is the historical background?

The original ordinance (AFSPA) was a response to the challenges faced by the British during World War II, particularly by Indian Nationalists.
- After independence, Indian leaders retained and adapted this framework, facing their internal security challenges.
PM Jawaharlal Nehru decided to continue with the law due to escalating insurgencies in regions like Assam and Manipur.
- The Armed Forces (Assam and Manipur) Special Powers Ordinance was promulgated on May 22, 1958, and subsequently replaced by the Armed Forces (Special Powers) Act on September 11, 1958.
Initially, AFSPA was applied to the Naga Hills and surrounding insurgent areas to empower armed forces to restore order in “disturbed areas”.
Over the years, AFSPA has been extended to various other states facing similar issues, including Manipur, Assam, and parts of Jammu and Kashmir.

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

Extraordinary Powers: AFSPA grants armed forces significant powers, including the authority to arrest without a warrant, search premises, and use lethal force if deemed necessary. These powers are intended to facilitate military operations in volatile regions.
Legal Immunity: The Act provides immunity from prosecution for armed forces personnel acting under its provisions unless sanctioned by the central government. This aspect has led to widespread criticism and allegations of human rights abuses.
Controversy and Criticism: AFSPA has been a subject of intense debate due to its implications for civil liberties. Critics argue that it leads to extrajudicial killings and other human rights violations. High-profile incidents have fueled calls for its repeal or reform, with activists like Irom Sharmila famously protesting against it for years.

Which are the States where AFSPA is presently in effect?

The Armed Forces (Special Powers) Act (AFSPA) is currently in effect in several states across India, primarily in regions experiencing ongoing insurgency or civil unrest. These are Jammu and Kashmir, Nagaland (eight districts), Arunachal Pradesh (three districts), and parts of Assam, Manipur (excluding the Imphal municipal area).

What is the present controversy around the provisions of AFSPA?

Human Rights Violations: AFSPA has been associated with numerous human rights abuses, including extrajudicial killings, torture, and enforced disappearances.
- Reports indicate that over 1,500 extrajudicial killings occurred in Manipur alone between 2000 and 2012, often involving security forces acting with impunity due to the protections afforded by the Act.
Impunity for Security Forces: This Act provides armed forces personnel with legal immunity for actions taken under its provisions, requiring prior approval from the central government for prosecution.
- This has led to a culture of impunity (exemption from punishment) where security personnel are rarely held accountable for their actions, exacerbating public distrust and resentment towards the military.
Excessive Use of Force: AFSPA grants security forces broad powers to use lethal force against individuals deemed to be acting against the law.
- Critics argue that this provision leads to excessive and disproportionate responses, often resulting in civilian casualties and further violence in already tense regions.
Lack of Accountability and Oversight: The absence of effective mechanisms for accountability regarding human rights violations under AFSPA has been a significant concern.
- Despite recommendations from various committees for reforms or repeal of the Act, the government has largely ignored these calls, perpetuating a cycle of abuse without adequate oversight.
Political and Social Backlash: The ongoing application of AFSPA has sparked significant protests and activism, particularly in northeastern states like Manipur and Nagaland.
- Activists, including prominent figures like Irom Sharmila, have campaigned for its repeal, arguing that it fosters alienation among local populations and undermines democratic values in India.

Way forward:

Balancing Security with Rights: Reform AFSPA to incorporate provisions ensuring accountability and oversight, such as independent inquiries into alleged violations and regular reviews of its application, while retaining necessary powers to address security challenges.
Strengthening Local Governance: Enhance the capacity of state police and local administrations through training and resources, enabling them to manage law and order effectively, thereby reducing reliance on AFSPA over time.

Mains PYQ:

Q Human rights activists constantly highlight the fact that the Armed Forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human rights abuses by security forces. What sections of AFSPA are opposed by the activists? Critically evaluate the requirement regarding the view held by the Apex Court. (UPSC IAS/2015)

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