Armed Forces (Special Powers) Act

The News

The Armed Forces (Special Powers) Act, or AFSPA, has been applied to 12 districts in Nagaland and Arunachal Pradesh for an additional six months, according to the central government.

About

In nine districts of Nagaland—Dimapur, Niuland, Chumoukedima, Mon, Kiphire, Noklak, Phek, and Zunheboto—as well as 16 police station areas in four more districts—Kohima, Mokokchung, Longleng, and Wokha—the AFSPA will be extended for a period of six months.

In order to enable the military forces to carry out the anti-insurgency operations, it has been extended in some areas of five more districts of the two northeastern states.

AFSPA

AFSPA

The Army, Air Force, and Central paramilitary forces are granted extraordinary authority and immunity under this law to uphold public order in "disturbed areas."

It can only be used when a region has been designated as "disturbed" in accordance with section 2 of the legislation.

Disagreements between various castes, communities, or religious, ethnic, linguistic, or regional groups might be regarded as causing disturbance in a certain area.

Who deems a place to be disturbed? In accordance with Section (3) of the AFSPA, the governor of a state or Union territory may formally declare a region of their jurisdiction to be a "disturbed area," at which point the central government may determine whether to dispatch armed forces.

The ‘special powers’ of armed forces under Section 4 are:

‘Power to use force, including open fire’ at an individual if he violates laws which prohibit (a) the assembly of five or more persons; or (b) carrying of weapons.

‘power to arrest’ without a warrant; (Under section 5 the Armed Forces have to hand over the arrested person to the nearest Police Station “with the least possible delay”.

‘power to seize and search’ without any warrant any premise.

These armed forces are immune from prosecution unless Union Government provides sanction to the prosecuting agencies.





Posted by V.P.Nimbalkar on 1st Oct 2022