Govt. may lift AFSPA in 4 States after Naga peace pact

Govt. may lift AFSPA in 4 States after Naga peace pact

#GS-03 Internal Security

For Prelims:

About AFSPA:

  • Armed Forces (Special Powers) Act (AFSPA) grants special powers to the Indian Armed Forces and the state and paramilitary forces in areas classified as “disturbed areas.”
  • AFSPA allows armed forces to open fire, even causing death, against any person in violation of the law or carrying arms and ammunition.
  • It gives them powers to arrest individuals without warrants, because of “reasonable suspicion,” and search premises without warrants.
  • Currently, AFSPA remains in force in parts of Assam, Nagaland and Manipur as well as in parts of Arunachal Pradesh and Jammu & Kashmir.
  • It can be imposed by the Centre or the Governor of a state, on the state or parts of it, after these areas are declared “disturbed’’ under Section 3.
  • The 1972 amendment allows the Central government and the States to declare an area as “disturbed”.
  • 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.
  • The Act gives powers to the central government to unilaterally impose AFSPA without consultation with the state government.
  • While the Act gives powers to security forces to open fire, they must give prior warning to the suspect.
  • As per the act, once the suspects are apprehended, the security forces must hand them over to the local police station within 24 hours.

 For Mains

The history of AFSPA:

  • The Armed Forces (Assam and Manipur) Special Powers Act, 1958, was enacted as a successor to 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 so that it may apply to a wider area. A similar Act specific to Jammu and Kashmir was enacted in 1990.
  • The AFSPA was first revoked from 60% of Assam on April 1, 2022.

To know more about Naga peace process click here