Armed Forces Special Powers Act (AFSPA) | UPSC

Armed Forces Special Powers Act (AFSPA) has been extended in certain districts of Arunachal Pradesh and Nagaland for an additional six months.

About AFSPA (Armed Forces (Special Powers) Act):

• AFSPA was established in 1958, allowing the armed forces to help maintain law and order in regions labelled as “disturbed areas.”
• The designation of an area as “disturbed” permits the use of military force to support civil authorities.

Authority to Declare “Disturbed Areas”

• Under Section 3 of AFSPA, an area may be declared “disturbed” if it’s considered necessary for the armed forces to assist civil power.
• This declaration can be made by the Central Government, the State’s Governor, or the Union Territory’s administrator.

Special Powers Granted by AFSPA:

• Use of Force: Armed forces can prohibit gatherings of five or more persons, use force, or even open fire after giving due warning.
• Arrests Without Warrant: They can arrest a person without a warrant and enter or search a premise without a warrant based on reasonable suspicion.
• Seizure of Firearms: The possession of firearms can be banned.
• Immunity From Prosecution: Armed forces are immune from prosecution unless the Union Government provides sanction to the prosecuting agencies.

Regions Affected by AFSPA:

• AFSPA is currently enforced in several areas, including Jammu and Kashmir, Assam, Manipur (excluding the capital city of Imphal), Arunachal Pradesh, and Nagaland.
• Specifically, in Arunachal Pradesh, it affects Tirap, Changlang, and Longding districts, along with areas bordering Assam.
• In Nagaland, it includes districts like Mon, Kohima, Dimapur, Kiphire, Phek, and Zunheboto.

Legal Immunity under AFSPA

• The act provides armed forces with immunity from prosecution unless there is prior sanction from the Central Government for actions taken under AFSPA.

Supreme Court Judgment on AFSPA:

• In the 2016 case “Extra Judicial Execution Victim Families Association v Union of India,” the Supreme Court ruled that there is no absolute immunity for army personnel from trial by criminal courts for offences committed under AFSPA.

Ref:Source

Frequently Asked Questions (FAQs):