Armed Forces Special Powers Act (AFSPA)

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  • Anushka Gupta asked: How far has ‘Unified Command’ structure been successful in tackling insurgency in Assam?

    D Padma Kumar Pillay replies: The Unified Command in Assam was created on 24 January 1997, six years after the government of India launched Operation Rhino against the activities of United Liberation Front of Asom (ULFA). ULFA’s demands included an independent ’sovereign, socialist Assam'.

    AFSPA: Looking Beyond the Oting Incident

    The debate and discussion about the AFSPA should attempt to find what led to the employment of the army in the first place. The answers might offer solutions to the entire problem.

    February 03, 2022

    Rohit Singh Mer asked: Do the CAPFs operating in disturbed areas of the Northeast also have the protection of AFSPA like the army?

    Vivek Chadha replies: The Armed Forces (Special Powers) Act, 1958 (or AFSPA) is the one that relates to the Northeastern part of the country. The Act within its provisions allows for areas to be declared as disturbed. It is only after such a declaration that forces are given the mandate to operate along with powers prescribed under the Act. This includes searches, arrests and raiding suspected locations.

    Continuance of Declaration on Disturbed Area in Nagaland is a Decision based on Perception without Foresight

    The declaration of the Disturbed Area provision is fundamentally at odds with the mutually accommodative integration endeavour of the Nagas with the Indian Union as envisioned in the 2015 framework agreement.

    January 16, 2018

    Extension of the Disturbed Areas Act in Nagaland

    Extension of the Disturbed Areas Act in Nagaland

    Application of AFSPA and DAA provisions to the eastern districts of Nagaland and to districts or select areas bordering Arunachal Pradesh and the Myanmar frontier would have sent an appropriate message to shore up public confidence for an overall settlement of the Naga issue.

    July 25, 2016

    Meghalaya High Court Calls for Invoking Armed Forces Special Powers Act in Garo Hills

    Meghalaya High Court Calls for Invoking Armed Forces Special Powers Act in Garo Hills

    The Meghalaya High Court’s order directing the central government to consider invoking AFSPA in the Garo Hills is more like an advisory premised on a number of High Court and Supreme Court judgments.

    November 17, 2015

    Lulun Kips asked: Why AFSPA has been imposed in J&K and the Northeast and not in the Maoist-affected areas in central India?

    Vivek Chadha replies: The Armed Forces (Special Powers) Act or the AFSPA is imposed in areas where armed forces are required to operate in aid to civil authorities. However, for AFSPA to become valid, an area needs to be declared disturbed either by the central or the state government. This is because under the Criminal Procedure Code (CrPC), the army does not have the mandate to carry out operations and the powers to arrest, search premises, etc., are only with the police.

    Is It Time to Withdraw the Army from Kashmir?

    2013 witnessed the highest ceasefire violations in eight years, accompanied by a sharp increase in security force casualties. Some sections within the media and intelligentsia have misunderstood the army’s presence in disturbed areas as a reflection of its vested interests. It is time that the reality of its role and responsibility are better understood.

    December 13, 2013

    Kunal Brahma: Why AFSPA is considered a necessity by armed forces?

    Reply: Kindly refer to the following IDSA publications on the issue:

    Vivek Chadha (ed.), “Armed Forces Special Powers Act: The Debate”IDSA Monograph Series No. 7, 2012 (free download)
    Ali Ahmed, “Reconciling AFSPA with the Legal Spheres”Journal of Defence Studies, 5 (2), April 2011 (free download) 
    K.C. Dixit, “Revoking AFSPA Blown Out of Proportion”, Journal of Defence Studies, 4 (4), October 2010 (free download)
    K. C. Dixit, “Calling the Army for Peace Restoration”, IDSA Comment, August 23, 2010. 
    Harinder Singh, AFSPA: A Soldier’s Perspective”IDSA Comment, July 06, 2010.

    Also, refer to earlier replies by Ali Ahmed and K.C. Dixit on a similar/related query posted in this section, at http://idsa.in/askanexpert/IwantedtoknowaboutArmedForcesSpecialPowersAct and http://idsa.in/askanexpert/CrisisoverAFSPA

    Views expressed are solely those of the authors and do not necessarily reflect the views of the IDSA or the Government of India.

    Pranathi Reddy asked: Can the repeal of the AFSPA in J&K revive peace?

    Reply: Kindly refer to the earlier replies by Ali Ahmed and K.C. Dixit on a similar/related query posted in this section, at http://idsa.in/askanexpert/IwantedtoknowaboutArmedForcesSpecialPowersAct and http://idsa.in/askanexpert/CrisisoverAFSPA

    Also, refer to the following IDSA publications on the issue:

    Vivek Chadha (ed.), “Armed Forces Special Powers Act: The Debate”, IDSA Monograph Series No. 7, 2012 (free download)
    Ali Ahmed, “Reconciling AFSPA with the Legal Spheres”, Journal of Defence Studies, 5 (2), April 2011 (free download)
    K.C. Dixit, “Revoking AFSPA Blown Out of Proportion”, Journal of Defence Studies, 4 (4), October 2010 (free download)
    K. C. Dixit, “Calling the Army for Peace Restoration”, IDSA Comment, August 23, 2010.
    Harinder Singh, AFSPA: A Soldier’s Perspective, IDSA Comment, July 06, 2010.

    Views expressed are solely those of the authors and do not necessarily reflect the views of the IDSA or the Government of India.

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