09 Dec AFSPA and the Debate (GS 3, Economics, The Hindu, Indian Express)
AFSPA and the Debate- Today Current Affairs
News/ Context : The debate over the Armed Forces Special Power Act (AFSPA) is once again rekindled in the backdrop of recent mistakenly killings of civilians by security forces in the village of Mon district in Nagaland.
AFSPA is a law that provides enormous discretion to the armed forces over civilian population. Nagaland’s Chief Minister Neiphiu has urged the centre to repeal AFSPA from Nagaland and termed the law as “black spot on the image of the country”.Meghalaya Chief Minister Conrad Sangma also demanded for the removal of AFSPA. Sangma is also the president of the National People’s Party, which is a part of the NDA.
Looking back in development and enactment of AFSPA, why it gets controversial and demand for its removal growing louder : The Hindu Analysis
AFSPA provides special powers to armed forces to control “disturbed areas”. Under its provision, the armed forces can arrest any person who has committed a cognisable offence, enter and search without warrant and even open fire, all with immunity from being prosecuted.
As per the Section 3 of AFSPA, an area can be declared “disturbed” if it is the “opinion of the Governor of the state or the central government” which “makes the use of armed forces in aid of the civil power necessary”. Earlier the states were having the power to declare a territory as “disturbed area” but in 1972 the power passed to the Centre.
At present AFSPA is in effect in Jammu and Kashmir, Assam, Nagaland, parts of Arunachal Pradesh and Manipur (excluding seven assembly constituencies of Imphal). AFSPA was repealed in Tripura and Meghalaya in 2015 and 2018 respectively, as insurgencies in these states have subsided and the central government is of the opinion that the region could be managed by police forces.
Historical Development : AFSPA is based on the Armed Forces (Special Powers) Ordinance of 1942, which was issued by the British to curb down the Quit India movement in 1942. AFSPA was enacted by Parliament in 1958 in the backdrop of rising Nagas insurgency in the then state of Assam. The then Prime Minister Jawaharlal Nehru defended the law saying “ “No infirm government can function anywhere. Where there is violence it has to be dealt with by government, whatever the reason for it may be; because otherwise you drift; the country drifts into, if I may use the word, Fascist methods, all groups, private groups and others, indulging in violence and trying to coerce the governmental authority by organized violence.” It was first implemented in the Northeast and then Punjab.
Why is it controversial? The law has often been criticised as a “Draconian Act” as it gives unbridled power to armed forces with impunity. Under AFSPA, the “armed forces” may shoot to kill or destroy a building on mere suspicion. A non-commissioned officer or anyone of equivalent rank and above may use force based on opinion and suspicion, to arrest without warrant, or to kill. He can fire at anyone carrying anything that may be used as a weapon, with only “such due warning as he may consider necessary”.
Once AFSPA is implemented, “no prosecution shall be instituted except with the previous sanction of the central government, in respect of anything done or purported to be done” under this Act.
In 2004, the Jeevan Reddy Committee formed had recommended a complete repeal of the law and said “The Act is a symbol of hate, oppression and an instrument of high handedness”.
Reaction from people : In an infamous incident of Imphal commonly known as Malom massacre, in November 2000, 10 civilians were allegedly gunned down by the 8th Assam Rifles at Malom Makha Leikai in Imphal, Manipur. This incident prompted Irom Sharmila, known as the Iron lady of Manipur, to begin a hunger strike, which later developed into a prolonged hunger strike against the AFSPA. In 2004 AFSPA was withdrawn from the Imphal Municipal Area. Irom ended her hunger strike in 2016.
In an another incident of the state in 2004 when the bullet-ridden body of Thangjam Manorama, who was raped and murdered, allegedly by a group of Assam Rifles men, around 30 Manipuri women marched naked in Imphal city with a banner that read: “Indian Army Rape us”.
The Stance of Supreme Court regarding AFSPA : In 2016 while ruling on a petition Supreme court held that the Act doesn’t provide blanket immunity to army personnel in anti-insurgency operations and its continuance in any region symbolises, as per the apex court, ““failure of the civil administration and the armed forces”. The SC also ruled that alleged fake encounter cases (over 1500) must be investigated.
Human Right Activists allege that many instances of people simply disappearing have gone unreported over the years and blame AFSPA for the killings , alleging that the law gives blanket protection to the Army and the Manipuri commandos to kill with impunity.
Here we mention all information about AFSPA and the Debate (GS 3, Economics, The Hindu, Indian Express) Today Current Affairs. The Hindu Analysis.
Md Layeeque Azam, Economics Faculty
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