The Armed Forces (Special Powers) Act, 1958

Source: PTI

Context: The Government of India has extended the Armed Forces (Special Powers) Act, 1958 (AFSPA) in parts of Manipur, Nagaland, and Arunachal Pradesh for another six months.

About The Armed Forces (Special Powers) Act, 1958:

What it is?

• The AFSPA is a special law enacted in 1958 that grants extraordinary powers to the armed forces to maintain public order in “disturbed areas” where civil governance is unable to function effectively.

Aim: Its primary objective is to empower security forces to deal with insurgency, maintain peace, and assist the civil administration in regions experiencing violent disturbances and armed rebellion.

Procedure for Declaration:

• Under Section 3, the Governor of a State, Administrator of a Union Territory, or the Central Government can declare any area “disturbed” if it is deemed dangerous to public peace.

• The notification is published in the official gazette, and periodic review is mandated every six months.

Key Features:

• Special powers to armed forces: Fire upon or use force, even to the extent of causing death, against persons violating prohibitory orders (assembly of 5 or more, carrying arms). Destroy arms dumps, fortified positions, or hideouts used by insurgents. Arrest without warrant on suspicion of cognizable offences. Search premises without warrant and recover arms or persons wrongfully confined.

• Fire upon or use force, even to the extent of causing death, against persons violating prohibitory orders (assembly of 5 or more, carrying arms).

• Destroy arms dumps, fortified positions, or hideouts used by insurgents.

• Arrest without warrant on suspicion of cognizable offences.

• Search premises without warrant and recover arms or persons wrongfully confined.

• Custody rules: Arrested persons must be handed over to the nearest police station at the earliest opportunity.

• Legal immunity: No prosecution or legal proceeding can be initiated against armed forces personnel without prior sanction of the Central Government.

Importance:

• Provides a legal framework for the armed forces to aid civil authority in counter-insurgency operations.

• Ensures swift action in maintaining sovereignty, integrity, and security in disturbed regions.