Armed Forces Special Powers Act (Afspa) UPSC

Armed Forces Special Powers Act (Afspa)

CA Legislations, CA Polity

Posted Date October 1, 2022

Relevance:

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

History:

  • Promulgated: 15th August, 1942
  • to suppress the Quit India movement
  • 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

Features:

  • It gives sweeping powers to the armed forces. (eg: to open fire, even causing death, against any person in contravention to the law or carrying arms and ammunition)
  • Powers to arrest individuals without warrants, on the basis of “reasonable suspicion”, and search premises without warrants.
  • Imposed by: Centre or the Governor of a state, on the state or parts of it, after these areas are declared “disturbed’’ under Section 3.
  • Currently, the Union Home Ministry issues periodic “disturbed area” notification to extend AFSPA only for Nagaland and Arunachal Pradesh.
  • The notification for Manipur and Assam is issued by the State governments.
  • Tripura revoked the Act in 2015 and Meghalaya was under AFSPA for 27 years, until it was revoked by the MHA from 1st April 2018.

Reference: The Hindu

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