Source: The Hindu
Context : The Union Home Ministry is reviewing the Armed Forces (Special Powers) Act (AFSPA), 1958, in Manipur, Nagaland, Arunachal Pradesh, and Assam following recent ethnic violence and law-and-order issues. This comes amid growing demands from civil society and state governments to reduce or repeal the law.
Understanding AFSPA
- Enacted in 1958, AFSPA grants special powers to the Indian Armed Forces in “disturbed areas.”
- Key Powers: Conduct operations, arrest without warrants, and use force, even to the extent of causing death, based on suspicion.
- Objective: Maintain public order in insurgency-affected and disturbed regions.
- Controversy: Allegations of human rights violations and concerns over impunity for security forces.
Historical Context and Implementation
Initially applied to the Naga Hills, then part of Assam, AFSPA’s scope expanded over the decades to include all northeastern states, including Assam, Manipur, Nagaland, and parts of Arunachal Pradesh. The Act was also extended to Jammu and Kashmir in 1990. Its enforcement has been justified by successive governments as a necessary measure to combat insurgency and maintain national security.
AFSPA in Assam: Imposition, Review, and Future Plans
- The Act granted special powers to the armed forces to maintain public order in “disturbed areas.” Over time, AFSPA’s application extended to other northeastern states.
- In Assam, AFSPA was imposed in November 1990 due to escalating insurgent activities, particularly by the United Liberation Front of Assam (ULFA).
- Since its imposition, the Act has been reviewed and extended periodically. As of October 2024, AFSPA remains in effect in four districts—Tinsukia, Dibrugarh, Charaideo, and Sivasagar—citing potential security threats from disturbances in neighboring Bangladesh.
Procedure for Declaring a District/State under AFSPA:
- The Governor of a State or the Central Government has the authority to designate an area as ‘disturbed.’
- This designation is formalized through a notification in the Official Gazette.
- The status is reviewed every six months, with the possibility of extension or revocation.
Term of Enforcement:
- Areas declared ‘disturbed’ under AFSPA are notified for six months and undergo periodic reviews.
States Under AFSPA (As of February 2025):
- Manipur, Nagaland, Arunachal Pradesh, Assam, and Jammu & Kashmir.
Process for Revocation:
- AFSPA can be withdrawn following a security assessment, based on government review and policy decisions.
Recent Developments Leading to the Review
Several factors have prompted the MHA to reassess AFSPA’s applicability in the Northeast:
- Improved Security Situation: In the past decades, there have been fewer violent incidents in the northeastern states. Peace agreements with militant groups and more development projects have helped make the region safer. Because of this, many people are now asking if AFSPA is still needed.
- Public Outcry and Human Rights Concerns: Events like the 2021 Mon district tragedy in Nagaland, where civilians were wrongly killed in a military operation, have increased public calls to remove AFSPA. Human rights groups and local communities believe the law causes more violence and distrust. The United Nations has also asked India to repeal AFSPA, saying it does not belong in a democracy.
- Judicial Scrutiny: The Supreme Court of India has raised concerns about the long-term use of AFSPA, stressing the importance of regular reviews to check if it is still needed. In a major ruling, the Court said that security forces should not have complete immunity and that any claims of misuse must be properly investigated.
Possible Outcomes of MHA’s Review:
- Phased Withdrawal: Gradual removal of AFSPA from stable areas, with local law enforcement taking over security.
- Amendments: Enhancing accountability through judicial inquiries and reducing the duration of “disturbed area” status.
- Reformed Enforcement: Retaining AFSPA with stricter oversight, periodic reviews, and independent monitoring.
Challenges Ahead
Balancing national security interests with human rights considerations remains a complex challenge. The MHA’s review must navigate the following issues:
- Ensuring Security: Any decision to repeal or dilute AFSPA should not compromise the gains made in stabilizing the region. A premature withdrawal could embolden residual insurgent elements.
- Building Trust: Addressing the grievances of local populations affected by AFSPA is crucial. Engaging with community leaders and ensuring justice in cases of alleged abuses can help rebuild trust.
- Legal Reforms: Establishing a robust legal framework that empowers local law enforcement while ensuring accountability can serve as a viable alternative to AFSPA.
Conditions for AFSPA Removal:
- A stable security and law & order situation.
- Joint review by the Union Home Ministry and the state government.
- Official notification in the Gazette for withdrawal.
Conclusion
The MHA’s initiative to review AFSPA in the Northeast is a significant step towards addressing longstanding concerns associated with the Act. It reflects the government’s recognition of the evolving security landscape and the need to align its policies with democratic principles and human rights. The outcome of this review will have profound implications for the future of the northeastern states and could serve as a precedent for other regions under AFSPA’s purview.