Armed Forces Special Powers Act, 1958 (AFSPA)
• It conferred special powers upon the armed forces in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Tripura and Nagaland.
• Extended to J&K in 1990
• Provisions in the ‘disturbed’ areas:-
• Central and state governments have the power to declare an area as disturbed. Their decision cannot be challenged in the court of law.
• Th. Manorama was arrested in Manipur under AFSPA. She was later raped and killed. Irom Sharmila has been fasting for last 10 years for the repeal of AFSPA from Manipur.
• Justice Jeevan Reddy Committee had recommended the repeal of AFSPA from the North-East
• Central govt has a stand that it will withdraw AFSPA from Kashmir when the state govt withdraws the Disturbed Areas Act
Arguments
o Army contends that the situation across LOC needs a robust military presence
o Without the AFSPA, the Army will not be able to stage counter terrorism operations in an emergency
o Some argue that AFSPA free enclaves will be magnets for terrorists
Counterarguments
o Mr Abdullah proposes only to lift AFSPA from two areas where the Army in any case has no security responsibilities
o AFSPA did not have to be imposed to allow the Army to assist in the defence of Parliament House when it came under attack in 2001 – and that Army staged many successful counter-terrorism operations in Jammu province before AFSPA was imposed there in 2001
o This too makes little sense, since the Army is not present in the enclaves anyway – and it is improbable that terrorists have not established themselves there for fear of a mere law
MY TAKE :-
1.Considering the present law and order situation the AFSPA induces a threat amongst terrorists who otherwise will freely operate to destabilize the valley.
2. Army needs these minimal powers to carry out its operations and INDIAN ARMY is professional enough to check the excesses of the act if any.
3. As and when the situation improves, AFSPA can be repealed from some regions based on the recommendations of a competent authority after a well laid out investigation of the situation on the ground over a fixed period of time.
ADMIN : LAV
• It conferred special powers upon the armed forces in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Tripura and Nagaland.
• Extended to J&K in 1990
• Provisions in the ‘disturbed’ areas:-
- Armed Forces can use force, even to the causing of death, against any person acting in the contravention of the law, against any assembly of five or more persons, or possession of deadly weapons
- Arrest without warrant only on the basis of suspicion
- Enter any premises and conduct search
• Central and state governments have the power to declare an area as disturbed. Their decision cannot be challenged in the court of law.
• Th. Manorama was arrested in Manipur under AFSPA. She was later raped and killed. Irom Sharmila has been fasting for last 10 years for the repeal of AFSPA from Manipur.
• Justice Jeevan Reddy Committee had recommended the repeal of AFSPA from the North-East
• Central govt has a stand that it will withdraw AFSPA from Kashmir when the state govt withdraws the Disturbed Areas Act
Arguments
o Army contends that the situation across LOC needs a robust military presence
o Without the AFSPA, the Army will not be able to stage counter terrorism operations in an emergency
o Some argue that AFSPA free enclaves will be magnets for terrorists
Counterarguments
o Mr Abdullah proposes only to lift AFSPA from two areas where the Army in any case has no security responsibilities
o AFSPA did not have to be imposed to allow the Army to assist in the defence of Parliament House when it came under attack in 2001 – and that Army staged many successful counter-terrorism operations in Jammu province before AFSPA was imposed there in 2001
o This too makes little sense, since the Army is not present in the enclaves anyway – and it is improbable that terrorists have not established themselves there for fear of a mere law
MY TAKE :-
1.Considering the present law and order situation the AFSPA induces a threat amongst terrorists who otherwise will freely operate to destabilize the valley.
2. Army needs these minimal powers to carry out its operations and INDIAN ARMY is professional enough to check the excesses of the act if any.
3. As and when the situation improves, AFSPA can be repealed from some regions based on the recommendations of a competent authority after a well laid out investigation of the situation on the ground over a fixed period of time.
ADMIN : LAV
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