MHA extend disturb area status in Arunachal and Nagaland by 6 months

MHA extend disturb area status in Arunachal and Nagaland by 6 months

Subject :Polity

Section: Legislation in news

Context: The Union Home Ministry has extended the disturbed area status in parts of Arunachal Pradesh and Nagaland under the Armed Forces (Special Powers) Act, 1958 for another six months

More about the news:

• The Union Home Ministry extended for another six months the disturbed area status in parts of Arunachal Pradesh and Nagaland under the Armed Forces (Special Powers) Act, 1958.
• According to two separate notifications, the decisions have been taken after review of the law-and-order situation in both the states.

What is  Armed Forces (Special Powers) Act, 1958.

• Armed Forces (Special Powers) Act (AFSPA), 1958 is an act of India that grants special powers to the Indian Armed Forces to maintain public order in “disturbed areas”.
• 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.
• The Act in its original form was promulgated by the British in response to the Quit India Movement in 1942.It was then titled the Armed Forces (Special Powers) Ordinance, 1942.
• After Independence, Prime Minister Jawaharlal Nehru decided to retain the Act, which was first brought in as an ordinance and then notified as an Act in 1958.

What are different Provisions of AFSPA,1958:

• Under Section 3, 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. 
• An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
• Section 4 gives the Army powers to search premises and make arrests without warrants, to use force even to the extent of causing death, destroy arms/ammunition dumps, fortifications/shelters/hideouts and to stop, search and seize any vehicle.
• Section 6 stipulates that arrested persons and the seized property are to be made over to the police with the least possible delay.
• Section 7 offers protection of persons acting in good faith in their official capacity.
• The prosecution is permitted only after the sanction of the Central Government.

What is the current status of AFSPA

• Assam was the first state to come under the AFSPA in 1958.
• Currently, AFSPA is in place in the entire UT of Jammu & Kashmir, eight districts of Assam, certain areas of Manipur, Arunachal Pradesh & Nagaland.

What are the recommendations of various committees on AFSPA:

• In November 2004, the Central government established a five-member committee led by Justice B P Jeevan Reddy to assess the provisions of the act in the northeastern states.
• The committee proposed the repeal of AFSPA and suggested incorporating suitable provisions into the Unlawful Activities (Prevention) Act, 1967.
• Additionally, the 5th report of the Second Administrative Reforms Commission (ARC) on public order recommended AFSPA’s repeal.
• Conversely, the Supreme Court affirmed AFSPA’s constitutionality in the Naga People’s Movement of Human Rights v. Union of India case (1998).