Context: Union Home Minister announced that the government aims to completely withdraw the Armed Forces Special Powers Act (AFSPA) from the majority of the Northeast by next year, as 80 percent of the region is already free from the act.
About The Armed Forces (Special Powers) Act, 1958 (AFSPA):
What It Is?
- The Armed Forces (Special Powers) Act, 1958 (AFSPA) is a federal statute passed by the Indian Parliament that confers extraordinary special operational powers upon members of the Central armed forces.
- It is deployed exclusively within designated regions categorized as disturbed areas where the local state administration is deemed incapable of maintaining internal public order against insurgencies or civil unrest.
Origin and History:
- The Presidential Ordinance (1958): Facing rising insurgency and internal disturbances, the President promulgated the Armed Forces (Assam and Manipur) Special Powers Ordinance on 22 May 1958. It provided emergency powers to security forces in affected areas.
- Statutory Enactment: After approval by both Houses of Parliament, the bill received Presidential assent on 11 September 1958. It became the Armed Forces (Special Powers) Act, 1958 (Act 28 of 1958).
Aim of AFSPA: AFSPA empowers armed forces to support civil authorities in disturbed areas. It aims to curb insurgency, dismantle militant networks, and restore normal governance.
Key Features of AFSPA:
- Power to Open Fire [Section 4(a)]: Security personnel may use force, including lethal force, after giving due warning. This applies against unlawful assemblies or individuals carrying prohibited weapons.
- Destruction of Fortified Camps [Section 4(b)]: Armed forces can destroy militant camps, hideouts, arms dumps, and training facilities. The provision seeks to weaken insurgent operational capabilities.
- Warrantless Arrests [Section 4(c)]: Personnel may arrest individuals without a warrant if they are suspected of committing a cognizable offence. Reasonable force may be used to secure custody.
- Warrantless Searches [Section 4(d)]: Forces can enter and search premises without prior judicial approval. This helps recover weapons, explosives, stolen property, or apprehend suspects.
- Custody Safe-Handling Protocol [Section 5]: Arrested persons must be handed over to the nearest police station with the least possible delay. A report explaining the circumstances of arrest must accompany them.
- Absolute Judicial Immunity [Section 6]: No prosecution or legal proceeding can be initiated against security personnel without prior Central Government sanction. This protection is intended to support operational effectiveness.
Declaration of a Disturbed Area [Section 3]
Authority to Declare: A region can be declared disturbed if security conditions are considered dangerous. This power may be exercised by the Governor, UT Administrator, or Central Government.
Current Status (2026):
- Around 80% of the Northeast is now free from AFSPA. The Act remains operational only in selected pockets of Assam, Manipur, Nagaland, and Arunachal Pradesh based on security assessments.
