AFSPA Extension in the Northeast
The Ministry of Home Affairs (MHA) has extended the Armed Forces (Special Powers) Act, 1958 (AFSPA) in designated "disturbed areas" across parts of Arunachal Pradesh, Manipur, and Nagaland for another six months to maintain internal security and counter insurgent activities.
Background and Evolution
- Originally enacted as the Armed Forces (Assam and Manipur) Special Powers Act to address the Naga uprising.
- Succeeded the earlier Assam Disturbed Areas Act, 1955.
- Later renamed and geographically expanded to cover the broader northeastern region.
- Colonial roots trace to the Armed Forces Special Powers Ordinance, 15th August 1942, promulgated during the Quit India Movement.
- Jammu & Kashmir is governed by a separate law: the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.
Key Provisions of AFSPA, 1958
- Empowers armed forces in "disturbed" areas to:
- Use force, including lethal force in specified circumstances.
- Arrest without warrant.
- Search premises without warrant.
- Provides legal protections to personnel, including Central Government sanction required for prosecution in specified cases.
Declaration of "Disturbed Area" — Section 3
- The Central Government, the Governor of a State, or the Administrator of a UT can declare the whole or part of a State/UT as "disturbed" if use of armed forces in aid of civil power is deemed necessary.
Security Context
- Since 2022, the Union Government has pursued a gradual rollback of AFSPA in the Northeast.
- AFSPA has been completely revoked in Tripura and Meghalaya.
- Localized extensions continue due to ethnic violence in Manipur and cross-border insurgent threats in the Naga hills.
Committees and Judicial Review
- Justice B.P. Jeevan Reddy Committee (2005): Recommended repeal of AFSPA, with essential provisions subsumed into the Unlawful Activities (Prevention) Act (UAPA).
- Justice Santosh Hegde Commission (2013): Appointed by the Supreme Court to examine alleged extrajudicial killings in Manipur; highlighted concerns over fake encounters and demanded accountability.
- Naga People's Movement of Human Rights v. Union of India (1997/1998): Supreme Court upheld AFSPA's constitutional validity but mandated periodic review of disturbed-area declarations, ordinarily before six months expire.
Significance
- Balances national security imperatives with human rights obligations.
- Reflects the Centre's evolving approach — rollback where peace prevails, extension where insurgency persists.
- Raises debates on federalism, accountability of security forces, and governance in conflict-affected regions.