In recent news, the Ministry of Home Affairs (MHA) has declared that Nagaland, a state in Northeast India, will continue to be classified as a “disturbed area” for an additional six months. This decision comes under the provisions of the Armed Forces (Special Powers) Act, 1958 (AFSPA). According to the MHA, this decision was necessary due to the ongoing disturbed and dangerous conditions within the state, which warrant the use of armed forces in support of civilian power.
The Armed Forces (Special Powers) Act, 1958 (AFSPA)
The AFSPA was enacted in response to increasing violence in the Northeastern states, which local governments struggled to control. This Act provides armed forces with the power to maintain public order in declared “disturbed areas”.
Under the AFSPA, armed forces have the authority to prohibit gatherings of five or more individuals, employ force, or open fire after issuing a warning should they believe a person is contravening the law. Additional powers include arresting individuals without an arrest warrant based on reasonable suspicion, entering and searching premises without a warrant, and banning the possession of firearms.
Disturbed Areas: Definition and Declaration
A ‘disturbed area’ is an official designation, declared under Section 3 of the AFSPA. This declaration can be invoked in areas where the deployment of armed forces in aid of civil power is deemed necessary. Factors leading to such a declaration may include disputes or differences between members of different religious, racial, language, or regional groups, or among different castes or communities.
The Central Government, the Governor of the State, or the administrator of the Union Territory hold the power to declare any part or the entirety of the State or Union Territory as a disturbed area. As per The Disturbed Areas (Special Courts) Act, 1976, once an area is designated as ‘disturbed’, it remains in that state for a minimum of three months straight. The state government has the authority to advise on whether the Act should continue to be in effect within the state.
States under AFSPA
| State | Status under AFSPA |
|---|---|
| Jammu and Kashmir | Entire state under AFSPA |
| Nagaland | Entire state under AFSPA |
| Assam | Entire state under AFSPA |
| Manipur | Excluding seven assembly constituencies of Imphal |
| Arunachal Pradesh | AFSPA applies to parts of the state |
As of now, the AFSPA is effective in the whole of Jammu and Kashmir, Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal) and specific parts of Arunachal Pradesh. Interestingly, the activities under the AFSPA in Arunachal Pradesh have been curtailed to only eight police stations.
The Case of Nagaland
In the case of Nagaland, this recent declaration by the MHA means that the State will continue to be under the influence and regulation of the AFSPA, considering it as a disturbed area. This decision was taken due to the prevailing critical conditions within the region that necessitate the usage of armed forces in aid of civilian power.
