The Union Government has recently made a move to partially withdraw the controversial Armed Forces Special Powers Act (AFSPA), 1958, from parts of three Northeast states – Assam, Nagaland, and Manipur. AFSPA, a law that grants special powers to the armed forces in conflict-ridden areas, is currently still operative in certain regions of these three states as well as parts of Arunachal Pradesh and Jammu & Kashmir.
Backdrop of the AFSPA
The British colonial government originally introduced the precursor to AFSPA on 15th August 1942, as the Armed Forces Special Powers Ordinance, aimed at quashing the Quit India movement. This set the groundwork for four subsequent ordinances, including one for the “Assam disturbed areas” put into effect in 1947 to tackle Partition-triggered internal security issues. The intent was to deal with the insurgency in the Naga Hills and surrounding areas using the Armed Forces (Assam and Manipur) Special Powers Act, 1958, which succeeded the Assam Disturbed Areas Act of 1955. Later, this act was replaced by the wider-reaching AFSPA, and a similar act was enacted in Jammu and Kashmir in 1990.
Understanding AFSPA
AFSPA empowers the armed forces with vast authority. For instance, it sanctions them to use lethal force against any person violating the law or carrying weapons. The Act also allows the forces to arrest individuals without warrants and search premises without official sanction. Lastly, it can be imposed either by the Centre or the Governor of a state after declaring the areas as “disturbed” under Section 3. The powers to designate an area as “disturbed” were bestowed upon both the Central government and the States in an amendment in 1972.
The Role of State Governments Vis-à-Vis AFSPA
The Act endows powers to the Central government to impose AFSPA unilaterally, but in practice, this is usually implemented informally with the state government’s consent following their recommendation. After apprehending suspects, the security forces are obliged to hand them over to the local police station within 24 hours. The armed forces are required to act in collaboration with the district administration and not as a separate entity.
Why Is AFSPA Being Withdrawn Now and Its Impact?
The present reduction of areas under AFSPA is due to the improved security situation and accelerated development resulting from the Indian government’s sustained efforts to end insurgency and establish permanent peace in the Northeast. The withdrawal is expected to help demilitarize the region, lifting restrictions on movements through checkpoints and frisking of residents, which had created a feeling of alienation from the rest of the country.
AFSPA’s Initial Imposition on the Northeast
AFSPA was first implemented in response to the Naga nationalist movement that originated in the 1950s. The legislation was established and later extended as secessionist and nationalist movements burgeoned in other Northeastern states.
AFSPA’s Unpopularity Among the People
AFSPA has garnered severe criticism for fostering a sense of alienation and resentment among the Naga people. The Act has been blamed for many incidents of violence in the Northeastern states due to its sweeping powers, leading to accusations of fake encounters. Moreover, instances where the Centre has overruled the state, such as the imposition of AFSPA in Tripura in 1972, have further diminished its popularity.
Previous Attempts to Repeal or Reduce AFSPA
Over the years, there have been multiple attempts to repeal or decrease the influence of AFSPA. In 2000, activist Irom Sharmila commenced a hunger strike that prolonged for 16 years against AFSPA in Manipur. In 2004, the Central government established a committee under former Supreme Court Justice Jeevan Reddy, who recommended the repeal of AFSPA, describing it as “highly undesirable” and a symbol of oppression.
Concluding Thoughts
The way forward revolves around the government and the security forces adhering to guidelines set out by the Supreme Court, the Jeevan Reddy Commission, and the National Human Rights Commission (NHRC), ensuring the implementation of laws while safeguarding human rights.
