Armed Forces (Special Powers) Act (AFSPA)

•Source: TH*

Context: The Union Home Ministry is reviewing AFSPA coverage in Manipur, Nagaland, Arunachal Pradesh, and Assam after recent ethnic and law-and-order disturbances.

About Armed Forces (Special Powers) Act (AFSPA):

• What is AFSPA?

• AFSPA is a law that empowers the armed forces to maintain public order in “disturbed areas”. Enacted in 1958, it allows armed forces to act with special authority in regions with severe unrest.

• AFSPA is a law that empowers the armed forces to maintain public order in “disturbed areas”.

• Enacted in 1958, it allows armed forces to act with special authority in regions with severe unrest.

• Aim of AFSPA:

• To enable armed forces to assist civil administration in maintaining law and order. To control insurgency, violence, and external threats in disturbed areas.

• To enable armed forces to assist civil administration in maintaining law and order.

• To control insurgency, violence, and external threats in disturbed areas.

• Procedure to Include a District/State under AFSPA:

• The Governor of a State, or the Central Government, can declare any area as ‘disturbed’. The declaration is made through a notification in the Official Gazette. The notification is reviewed every six months, with the possibility of extension or withdrawal.

• The Governor of a State, or the Central Government, can declare any area as ‘disturbed’.

• The declaration is made through a notification in the Official Gazette.

• The notification is reviewed every six months, with the possibility of extension or withdrawal.

• Term of Enforcement: Declared disturbed areas under AFSPA are notified for six months and periodically reviewed.

• States Under AFSPA (As of February 2025): Manipur, Nagaland, Arunachal Pradesh, Assam, and Jammu and Kashmir.

• Removal Process:

• Removal of AFSPA requires: Improved security and law & order situation. Review by the Union Home Ministry and state government. Official withdrawal notification in the gazette.

• Improved security and law & order situation.

• Review by the Union Home Ministry and state government.

• Official withdrawal notification in the gazette.

• Powers under AFSPA:

• Use of Force: Military officers can open fire after due warning to maintain public order. Arrests without Warrant: Permission to arrest suspected offenders without a warrant. Search without Warrant: Enter premises to search for arms, explosives, or wanted persons. Protection from Prosecution: No legal action can be initiated against personnel without the Centre’s sanction.

• Use of Force: Military officers can open fire after due warning to maintain public order.

• Arrests without Warrant: Permission to arrest suspected offenders without a warrant.

• Search without Warrant: Enter premises to search for arms, explosives, or wanted persons.

• Protection from Prosecution: No legal action can be initiated against personnel without the Centre’s sanction.