Armed Forces Special Powers Act

Source: TH

Context: The Armed Forces (Special Powers) Act (AFSPA) has been reimposed in six police station limits in Manipur amidst escalating ethnic violence between the Meitei and Kuki-Zo-Hmar communities.

About AFSPA:

• Enactment: Passed by the Parliament in 1958. AFSPA grants special powers to armed forces in disturbed areas to maintain public order.

• AFSPA grants special powers to armed forces in disturbed areas to maintain public order.

• Application: Applied after an area is declared “disturbed” under Section 2 of the Act, due to issues like ethnic, religious, or communal tensions.

• Applied after an area is declared “disturbed” under Section 2 of the Act, due to issues like ethnic, religious, or communal tensions.

• Declaration of Disturbed Areas: The Central Government, State Governor, or UT Administrator can declare an area as disturbed.

• The Central Government, State Governor, or UT Administrator can declare an area as disturbed.

• Special Powers Under AFSPA: Armed forces can: Prohibit gatherings of five or more people. Use force or open fire after due warning if laws are contravened. Arrest individuals or search premises without warrants on reasonable suspicion. Seize firearms and ban their possession. Hand over arrested persons to local police with a detailed report.

• Armed forces can: Prohibit gatherings of five or more people. Use force or open fire after due warning if laws are contravened. Arrest individuals or search premises without warrants on reasonable suspicion. Seize firearms and ban their possession. Hand over arrested persons to local police with a detailed report.

• Prohibit gatherings of five or more people.

• Use force or open fire after due warning if laws are contravened.

• Arrest individuals or search premises without warrants on reasonable suspicion.

• Seize firearms and ban their possession.

• Hand over arrested persons to local police with a detailed report.

• Immunity Clause: Armed forces personnel are protected from prosecution unless sanctioned by the Union Government.

• Armed forces personnel are protected from prosecution unless sanctioned by the Union Government.

• Current Enforcement: Enforced in Jammu & Kashmir, Assam, Nagaland, parts of Manipur (excluding Imphal), and parts of Arunachal Pradesh.

• Enforced in Jammu & Kashmir, Assam, Nagaland, parts of Manipur (excluding Imphal), and parts of Arunachal Pradesh.

Committees Related to AFSPA:

· Justice B.P. Jeevan Reddy Committee (2004):

o Proposed incorporating the provisions of AFSPA into the Unlawful Activities (Prevention) Act, 1967.

o Recommended repealing AFSPA to ensure a balance between security needs and human rights.

· Second Administrative Reforms Commission (ARC) 5th Report (2007):

o Suggested repealing AFSPA to eliminate feelings of discrimination and alienation among the affected populations.

· Santosh Hegde Committee (2013):

o Recommended periodic review every six months to assess the necessity of implementing AFSPA in designated areas.

· Justice Verma Committee (2013): Suggested bringing cases of sexual violence by armed forces personnel under ordinary criminal law to ensure accountability.

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