Afspa act essay

For Prelims and Mains: AFSPA- features, draconian provisions, misuses and need for review. Context: After 32 years, the controversial Armed Forces (Special Powers) Act, which gives sweeping powers to security forces, was partially removed from three of nine districts of Arunachal Pradesh but would remain in force in the areas bordering Myanmar.

There were questions about the constitutionality of AFSPA, given that law and order is a state subject. The Supreme Court has upheld the constitutionality of AFSPA in a 1998 judgement (Naga People’s Movement of Human Rights v. Union of India).

Under Section 4 of the AFSPA, an authorised officer in a disturbed area enjoys certain powers. The authorised officer has the power to open fire at any individual even if it results in death if the individual violates laws which prohibit (a) the assembly of five or more persons; or (b) carrying of weapons.

Introduction – AFSPA was introduced to give the armed forces the power to maintain public order in disturbed areas. Under the act, the forces have the power to prohibit a gathering of five or more persons in an area. Further the forces have the power to open fire after giving a due warning, if it felt that a person is not obeying the law.