Reconciling AFSPA with the Legal Spheres
The present paper analyses and examines the Armed Forces Special Powers Act (AFSPA) in respect of legal aspects. It first discusses it in terms of domestic law, international humanitarian law (IHL) and human rights law. Given India’s obligations under international human rights instruments going beyond domestic law is necessary in any such discussion. Ensuring complementarity between the Act in its application in armed conflicts and IHL, would contribute towards making the Act more ‘humane’. The second part discusses the Act from security perspectives.
- Ali Ahmed
- April 2011