Armed Forces (Special Powers) Act (AFSPA)

Subject – Defence and Security

Context –The campaign to repeal the Armed Forces (Special Powers) Act (AFSPA) has also gathered steam after Nagaland violence.

Concept –

It was enacted by the Parliament and approved by the President in 1958.
It confers certain special powers on members of the Armed Forces (military forces, air forces operating on the ground as land forces and any other armed forces of the Union (CRPF, BSF, ITBP etc) for carrying out proactive operations against the insurgents in a highly hostile environment.
They have the authority to prohibit a gathering of five or more persons in an area.
The AFSPA is also in force in the entire Nagaland, certain districts of Arunachal Pradesh, and most parts of Manipur barring the Imphal municipal areas.
AFSPA gives armed forces the power to maintain public order in “disturbed areas”.
- A disturbed area is one which is declared by notification under Section 3 of the AFSPA. An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
- The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search premises without a warrant; and ban the possession of firearms.