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.
- Application:
- 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.
- 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:
- Immunity Clause:
- 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.
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.
Insta links:
