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.

• 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.

• 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.

• 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.

• 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.