30 Oct 2024        10:52:12 am

Political

Armed Forces (Special Powers) Act (AFSPA)

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

Topic: Security

Why in the news?

• The Union Home Ministry extended the Armed Forces (Special Powers) Act (AFSPA) in parts of Nagaland and Arunachal Pradesh for another six months. 

Source: The Hindu 

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

• It came into force in the context of increasing violence in the North-eastern States decades ago, which the State governments found difficult to control.
• It gives unbridled power to the armed forces and the Central Armed Police Forces deployed in “disturbed areas” as specified under the Act to kill anyone acting in contravention of law, arrest and search any premises without a warrant and ensures protection from prosecution and legal suits without the Central government’s sanction. 
• The State and Union government can issue notification regarding the AFSPA. For the States of Arunachal Pradesh and Nagaland, the MHA issues periodic “disturbed area” notifications.

Disturbed Areas described under AFSPA:

• A disturbed area is one that is declared by notification under Section 3 of the AFSPA. It can be invoked in places where the use of armed forces in aid of civil power is necessary.
• The Act was amended in 1972 and the powers to declare an area as “disturbed” were conferred concurrently upon the Central government along with the States.
• An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
• The Central Government, or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
• Once declared ‘disturbed’, the region is maintained as disturbed for a period of three months straight, according to The Disturbed Areas (Special Courts) Act, 1976. The government of the state can suggest whether the Act is required in the state or not.
• Currently, the Union Home Ministry issues periodic “disturbed area” notification to extend AFSPA only for Nagaland and Arunachal Pradesh.

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