Defence minister nirmala sitharaman today weighed in on the debate over the congress promise to amend the armed forces special powers act, saying it would weaken the armed forces and play into. The centre has announced that it revoked the armed forces special powers act afspa from meghalaya from april 1. K since the 1990s merits spatial and contextual analysis. Armed forces jammu and kashmir special powers act, 1990 no. A debate on armed forces special powers act afspa has been sparked off after the congress in its manifesto announced that it would. Do you want to see india without jammu and kashmir, most of the north eastern states. The armed forces special powers act has been a subject of intense debate in the country. Stating that we notice that impunity for systematic or isolated sexual violence in the process of internal security duties is being legitimized by the armed forces special powers act, the. Armed forces special powers act afspa, 1958 is an act of the parliament of india that grant special powers to the indian armed forces the power to maintain public order in disturbed areas. Aug 23, 2016 do you want to see india without jammu and kashmir, most of the north eastern states. In recent times, a debate has ensued regarding the validity of such laws from a humanitarian viewpoint and whether national interests supersede individual human rights. Under the power of the worlds largest democracy, an organized system of institutionalized violence has evolved, specifically in the occupied territory of jammu and kashmir. Unfortunately, the debate over the act has been reduced to an absurd test of patriotism. The debate over the armed forces special powers act afspa, has been raging within affected states, armed forces, central and state police organisations.
The armed forces special powers act was enacted in 1958 to bring under control what the government of india considered disturbed areas. The debate over the armed forces special powers act afspa, has been raging within affected states, armed forces, central and state police organisations, human rights groups, legal fraternity and the central leadership. Jul 14, 2019 the armed forces special powers act commonly known as afspa came in to force decades ago in the context of increasing violence in the north eastern states. The act was passed in the parliament on 11th september, 1978, but has faced severe criticism from many sources, with regard to human rights violations having taken place in the areas where the law has been enforced in the country. The special powers that are given to the armed forces in special circumstances to deal with internal security are mostly akin to those enjoyed by the police under the code of criminal procedure and other such legislations. Jul 12, 2016 violent clashes that took place in wake of burhan wanis encounter which claimed 23 lives and the supreme court taking cognizance of 1528 cases of alleged fake encounters involving army and police has once again triggered the debate whether armed forces special power act afspa implemented in various troubled zones in india is of any help or not. Prime minister singh should overrule the army and keep his promise to abolish this abusive law. It is in force in assam, jammu and kashmir, nagaland, manipur except the imphal municipal area. When it comes to rape by men in uniform, the media forgets. Dec 11, 2011 the armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate.
The armed forces special powers act continues to be used by the indian government in insurgency ridden areas, gaining wide traction in the debate on conflict and its resolution. Premium in the tried and tested segment is bashing of the armed forces special powers act, 1958 afspa. Armed forces special powers act afspa, 1958 has been a controversial act over the years and has been criticized by different sections of the society since its enactment. The act was passed in the parliament on 11 th september, 1978, but has faced severe criticism from many sources, with regard to human rights violations having taken place in the areas where the law. This is a wholly untruthful, biased and prejudiced interpretation of the law and its application on ground. Terrorist and disruptive activities prevention act, 1987 etc. Living with armed forces special powers act afspa as. Irom sharmila has been protesting against the armed forces special powers act afspa for the last 14 years.
The armed forces special powers act continues to be used by the indian government in insurgency ridden areas, gaining wide traction in the debate on. A legacy of the british in india, the armed forces special powers act gives the indian armed forces legal immunity for their actions in disturbed areaskashmir and chhattisgarh are other. Attempts to challenge the afspa have been met with weak. All about afspa armed forces special powers act, 1958. Afspa was enacted by parliament on september 11, 1958. Armed forces special powers act human rights watch. Afspa stands for armed forces special powers act, a law which grants special powers to the armed forces of india to act in the disturbed areas of the country. Stating that we notice that impunity for systematic or isolated sexual violence in the process of internal security duties is being legitimized by the. Repeal armed forces special powers act human rights.
May 29, 2015 afspa stands for armed forces special powers act, a law which grants special powers to the armed forces of india to act in the disturbed areas of the country. Why some in government appear to agree with congress on afspa. The big debate on afspa armed forces special powers act. In a nutshell it empowers our armed forces, in a disturbed area thus declared, to open fire after due warnings on those, indulged in acts of sabotage and violence, to arrest without warrant any such suspect and hand over him to the nearest police. They are debating this and we have given our inputs. Attempts to challenge the afspa have been met with weak responses from authorities, and little apparent commitment to tackle impunity. Amnesty international india urges the government of india to repeal the armed forces special powers acts, 1958 and 1990. This is because in these regions where afspa operates, the armed forces are alleged to have committed one of the worlds leastknown abuses of. However the draconian powers the act gives to the armed forces, particularly section 4 which allows a soldier to shoot at sight under certain circumstances, can result in abomination, if misused. It was first implemented in the northeast, and then in punjab. Afspa has been in force in the northeast and jammu and kashmir. What is armed forces special powers act, and where is it in. What has it achieved in disturbed areas, where it is in effect.
This monograph attempts to present some of these diverse views, with the. The big debate on afspa armed forces special powers act 1958 the big debate on afspa armed forces special powers act 1958 the afspa is a tool to control and crush insurgencies and separatist movements. This act gives unfettered powers to people deployed in armies to shoot and kill any person if they have any doubt that the person is a threat in any manner. The armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate. Civil society condemns the act for issues relating to human rights, and. Describing it as a lawless law during the parliamentary debate, laishram achaw singh, a member from manipur, said that the afspa would. Amid the debate on the congress promise to amend the armed forces special powers act or afspa, there have been some contrarian views. Passed in 1958 for north east and in 1990 for jammu and kashmir, the law gives armed forces necessary powers to control disturbed areas which are designated by the govt. What is armed forces special powers act, and where is it. I would not like to say anything more, he told reporters on the sidelines of infantry day celebrations in new delhi. Violent clashes that took place in wake of burhan wanis encounter which claimed 23 lives and the supreme court taking cognizance of 1528 cases of alleged fake encounters involving army and police has once again triggered the debate whether armed forces special power act afspa implemented in various troubled zones in india is of any help or not. Afspa has been in force in the northeast and jammu and kashmir, and the draconian law has been the reason of wide protests. This is because in these regions where afspa operates, the armed forces are alleged to have committed one of the.
Recent events in indias restive northeast have turned the spotlight yet again on the armed forces special powers act afspa, a controversial piece of legislation that confers vast powers on. Introduced first as an ordinance by the then viceroy of british india, lord linlithgow to suppress. Indias controversial armed forces special powers act. Mar 30, 2015 what is the armed forces special powers act. According to the disturbed areas special courts act, 1976 once declared disturbed, the area has to maintain status quo for a minimum of 3 months. Pdf the armed forces special powers act continues to be used by the indian government in insurgency ridden areas, gaining wide traction. Aug 22, 2014 in a nutshell it empowers our armed forces, in a disturbed area thus declared, to open fire after due warnings on those, indulged in acts of sabotage and violence, to arrest without warrant any such suspect and hand over him to the nearest police. In recent times, a debate has ensued regarding the validity of such laws from a. There have been different views and opinions voiced based on strongly held beliefs. Nov 16, 2011 the armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate. The armed forces special powers act, 1958 gives armed forces the power to maintain public order in disturbed areas they have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving a due warning if they feel a person is in contravention of the law. However, formatting rules can vary widely between applications and fields of interest or study. The armed forces special powers act afspa, is promulgated. In september 1990, parliament passed the armed forces jammu and kashmir special powers act, which was deemed to have come into force retrospectively from july 5, 1990.
Afspa is operational in entire states of nagaland, assam, manipur except imphal municipal area, three districts namely. A few ngos and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to arrest without warrant, destroy property and shoot to kill, besides providing them with complete immunity. The tripura government on thursday decided to lift. In september 1990, parliament passed the armed forces jammu and kashmir special powers act, which was deemed to have come. The recent violence in kashmir triggered a nationwide debate on the validity of the armed forces special powers act, 1958, popularly known as afspa. This armed forces special powers act is within the purview of the ministry of home affairs. Armed forces special powers act afspa the debate on. Here are 10 things to know about controversial legislation afspa. Mar 09, 2018 the armed forces special powers act has been a subject of intense debate in the country. Armed forces special powers act, 1958 after going through the act, imho it is necessity to have such laws in force in trouble areas. This has been the mainstay of campaigning by local political parties like the national conference nc and the peoples democratic party pdp and of course the separatists. To enforce and legitimize this system of persecution and instrumental oppression, legislation such as the armed forces special powers act afspa is employed. Here is what you need to know about the act that has seen a lot of controversy.
829 1016 216 1148 1122 678 954 457 101 1444 737 1127 758 1287 1350 204 1433 1256 1003 338 771 728 1388 370 1038 370 1318 18 439 124 1074 520 1213 132 409 1259 1458