Armed Forces Special Powers Act (AFSPA) | UPSC

Armed Forces Special Powers Act (AFSPA)

• Context: The Armed Forces Special Powers Act (AFSPA) was extended in parts of Arunachal, Nagaland for six more months.

Analysis

• The AFSPA is used to maintain public order in “disturbed areas” with the help of the armed forces. In case an area is declared “disturbed” in the Official Gazette, a Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces get many special powers under the Act.
• The Act is effective in the whole/parts of Assam, Arunachal Pradesh, Manipur, and Nagaland.

• • • Tripura, Meghalaya and Mizoram are free from this Act.

• Currently, the Union Home Ministry issues periodic “disturbed area” notification to extend the AFSPA only for Nagaland and Arunachal Pradesh.

• • • The notification for Manipur and Assam is issued by the State governments.

• Jammu and Kashmir has a separate J&K Armed Forces Special Powers Act, 1990.

• • The entire Union Territory of Jammu and Kashmir (excluding Ladakh) is a “disturbed area.”
  • The power to notify the “disturbed areas rested with the state government. Now with UT replacing the state, these powers automatically get transferred to the Centre”.

How did the AFSPA come about?

• The British colonial government had on August 15, 1942, promulgated the Armed Forces Special Powers Ordinance to suppress the Quit India movement.
• It was the foundation for four ordinances, including one for the “Assam disturbed areas” invoked in 1947 to deal with Partition-induced internal security challenges.
• The Armed Forces (Assam and Manipur) Special Powers Act, 1958, followed the Assam Disturbed Areas Act of 1955 to deal with the uprising in the Naga Hills and adjoining areas.
• The Act was replaced by the AFSPA for wider application. A similar Act specific to Jammu and Kashmir was enacted in 1990.

Special Powers to Armed Forces

• The AFSPA gives power to the Army and the Central Armed Police Forces deployed in “disturbed areas” to:
  • • kill anyone acting in contravention of law,
    • arrest and search any premises without a warrant,
    • prohibit a gathering of five or more persons in an area,
    • ban the possession of firearms, and
    • provide cover to forces from prosecution and legal suits without the Centre’s sanction.

Arrested persons to be made over to the police

• Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.

Disturbed Area

• The government (either the state or centre) considers those areas to be ‘disturbed’ “by reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities” where the use of armed forces in aid of the civil power is necessary.

Who can declare a region to be ‘disturbed’?

• • Governor of that State or
  • Administrator of that Union Territory or
  • Central Government (Ministry of Home Affairs).

• The whole or a part of a State or Union territory can be declared a disturbed area.
• Once declared ‘disturbed’, the region has to maintain status quo for a minimum of three months.
• The Act is imposed for six months at one stretch, following which a decision on extension is reviewed under the supervision of the Home Secretary “after taking the opinion” of states, forces and agencies.

What about the state government’s role?

• The state governments can suggest whether the Act is required to be enforced or not. But their opinion can still be overruled by the governor or the centre.

Is the Act uniform in nature?

• No, the Act may contain different sections as applicable to the situation in each state.

Is Tripura the first state to completely do away with AFSPA?

• Punjab was the first to do so in 1997 followed by Tripura in 2015.

References:

• https://www.mha.gov.in/sites/default/files/armed_forces_special_powers_act1958.pdf
• https://www.thehindu.com/news/national/disturbed-areas-under-afspa-reduced-in-assam-manipur-and-nagaland-says-amit-shah/article65277327.ece
• https://indianexpress.com/article/india/govt-reduce-disturbed-areas-in-3-ne-states-under-afspa-amit-shah-7846179/
• https://www.thehindu.com/news/states/the-partial-rollback-of-the-armed-forces-special-powers-act/article65289913.ece

Practice Questions:

Q1. Consider the following states:

1. Assam
2. Manipur
3. Sikkim
4. Tripura
5. Meghalaya

How many states given above are covered under the Armed Forces Special Powers Act (AFSPA)?

(a) Only two

(b) Only three

(c) Only four

(d) All five

Answer: a

Explanation:

• The Armed Forces Special Powers Act (AFSPA) is used to maintain public order in “disturbed areas” with the help of the armed forces. In case an area is declared “disturbed” in the Official Gazette, a Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces get many special powers under the Act.
• The Act is effective in the whole/parts of Assam, Arunachal Pradesh, Manipur, and Nagaland.

• Tripura, Meghalaya and Mizoram are free from this Act.

• Jammu and Kashmir has a separate J&K Armed Forces Special Powers Act, 1990.

• The entire Union Territory of Jammu and Kashmir (excluding Ladakh) is a “disturbed area.”
• The power to notify the “disturbed areas rested with the state government. Now with UT replacing the state, these powers automatically get transferred to the Centre”.

Hence, only two of the states given above are covered under the Armed Forces Special Powers Act (AFSPA).

Therefore, option (a) is the correct answer.

Relevance: The Armed Forces Special Powers Act (AFSPA) was extended in parts of Arunachal, Nagaland for six more months.

Subject: Current Affairs | Polity and Governance

Tags: Factual | Easy Difficulty

 

Q2. With reference to the the Armed Forces Special Powers Act (AFSPA), consider the following:

1. Governor of a State
2. Chief Minister of a State
3. Administrator of a Union Territory
4. Union Ministry of Law and Justice

How many of the above can declare a can declare a region to be a ‘disturbed area’?

(a) Only one

(b) Only two

(c) Only three

(d) All four

Answer: b

Explanation:

• The AFSPA is used to maintain public order in “disturbed areas” with the help of the armed forces. In case an area is declared “disturbed” in the Official Gazette, a Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces get many special powers under the Act.

Disturbed Area

• The government (either the state or centre) considers those areas to be ‘disturbed’ “by reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities” where the use of armed forces in aid of the civil power is necessary.

Who can declare a region to be ‘disturbed’?

• Governor of that State or
• Administrator of that Union Territory or
• Central Government (Ministry of Home Affairs).

• The whole or a part of a State or Union territory can be declared a disturbed area.
• Once declared ‘disturbed’, the region has to maintain status quo for a minimum of three months.
• The Act is imposed for six months at one stretch, following which a decision on extension is reviewed under the supervision of the Home Secretary “after taking the opinion” of states, forces and agencies.

What about the state government’s role?

• The state governments can suggest whether the Act is required to be enforced or not. But their opinion can still be overruled by the governor or the centre.

Hence, only two of the points given above are correct.

Therefore, option (b) is the correct answer.

Relevance: The Armed Forces Special Powers Act (AFSPA) was extended in parts of Arunachal, Nagaland for six more months.

Subject: Current Affairs | Polity and Governance

Tags: Factual | Easy Difficulty

 

Q3. With reference to the the Armed Forces Special Powers Act (AFSPA), consider the following statements:

1. The Act traces its origin to the Armed Forces Special Powers Ordinance promulgated to suppress the Quit India movement.
2. Only a Commissioned Officer has the power to arrest and search any premises without a warrant under the Act.
3. Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station within 24 hours of such arrest.

How many of the above statements are correct?

1. a) Only one
2. b) Only two
3. c) All three
4. d) None

Answer: a

Explanation:

• The Armed Forces Special Powers Act (AFSPA) is used to maintain public order in “disturbed areas” with the help of the armed forces. In case an area is declared “disturbed” in the Official Gazette, a Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces get many special powers under the Act. So, statement 2 is not correct.
• The Act is effective in the whole/parts of Assam, Arunachal Pradesh, Manipur, and Nagaland.

• Tripura, Meghalaya and Mizoram are free from this Act.

Special Powers to Armed Forces

• The AFSPA gives power to the Army and the Central Armed Police Forces deployed in “disturbed areas” to:

• kill anyone acting in contravention of law,
• arrest and search any premises without a warrant,
• prohibit a gathering of five or more persons in an area,
• ban the possession of firearms, and
• provide cover to forces from prosecution and legal suits without the Centre’s sanction.

Arrested persons to be made over to the police

• Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest. So, statement 3 is not correct.

How did the AFSPA come about?

• The British colonial government had on August 15, 1942, promulgated the Armed Forces Special Powers Ordinance to suppress the Quit India movement. So, statement 1 is correct.
• It was the foundation for four ordinances, including one for the “Assam disturbed areas” invoked in 1947 to deal with Partition-induced internal security challenges.
• The Armed Forces (Assam and Manipur) Special Powers Act, 1958, followed the Assam Disturbed Areas Act of 1955 to deal with the uprising in the Naga Hills and adjoining areas.
• The Act was replaced by the AFSPA for wider application. A similar Act specific to Jammu and Kashmir was enacted in 1990.

Hence, only two of the statements given above are correct.

Therefore, option (a) is the correct answer.

Relevance:

Subject: Current Affairs | Science and Technology

Tags: Analytical | Moderate Difficulty

 

Mains Answer Writing Practice GS Paper 2

Topic: Indian Polity and Governance