Recent development in AFSPA(Armed Forces special power act)

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𝙒𝙝𝙖𝙩 𝙞𝙨 𝘼𝙁𝙎𝙋𝘼(𝘼𝙧𝙢𝙚𝙙 𝙛𝙤𝙧𝙘𝙚𝙨
𝙨𝙥𝙚𝙘𝙞𝙖𝙡 𝙥𝙤𝙬𝙚𝙧 𝘼𝙘𝙩)

◦•●◉✿A quick overview✿◉●•◦

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It gives powers to the army, state and central police forces to shoot to kill, search houses and destroy any property that is “likely” to be used by insurgents in areas declared as “disturbed” by the home ministry. AFSPA is invoked when a case of militancy or insurgency takes place and the territorial integrity of India is at risk. Security forces can “arrest a person without a warrant”, who has committed or is even “about to commit a cognizable offence” even based on “reasonable suspicion”. It also provides security forces with legal immunity for their actions in disturbed areas. While the armed forces and the government justify its need in order to combat militancy and insurgency, critics have pointed out cases of possible human rights violations linked to the act.

𝘾𝙪𝙧𝙧𝙚𝙣𝙩 𝙨𝙞𝙩𝙪𝙖𝙩𝙞𝙤𝙣 :-Armed Forces Special Powers Act (AFSPA)

Prime Minister Narendra Modi, there has been an unprecedented improvement in the security situation in Northeast India, and, in a historic move, after decades, the Centre from April, 2022, had reduced disturbed areas under Armed Forces Special Powers Act (AFSPA) in Nagaland, Assam and Manipur. Taking another important decision today, again from April 1, 2023, disturbed areas under AF- SPA in these three states are being further reduced," a Home Ministry statement said.

Last year, the Centre removed AFSPA from several districts across Assam, Nagaland and Manipur. While the notification was re- moved from the entire state of Assam, except nine districts and one sub-division of another dis- trict; in Manipur, 15 police station areas of six districts were taken out of the disturbed area notifica- tion; and in Nagaland, it was with- drawn from 15 police stations of seven districts.

With the latest decision, start- ing April 1, the Disturbed Areas notification will be lifted from one more district in Assam, four more police stations in Manipur and three more police stations in Nagaland. This means that AFSPA will now be restricted to only eight districts of Assam. In Manipur, after last year's an- nouncement and the latest one, the statement said, AFSPA has been removed from a total of "19 police stations in seven districts

of Manipur"; and in Nagaland, a total of "19 police stations in seven districts of Manipur have been removed from the dis- turbed area notification under AFSPA".

Minister Shah said that the de- cision to further reduce the juris- diction of areas under AFSPA has been taken in view of the signifi- cant improvement in the security situation in the Northeast.

Reacting to the development, Assam Chief Minister Himanta Biswa Sarma said the region was "witnessing a golden era". "This second reduction, in less than a year, is reflective that the gover- nance model led by Hon PM @narendramodi ji, rests on the twin pillars of decisiveness and re- sponsiveness," Sarma wrote in a series of tweets.

Manipur chief minister N Biren Singh said that the step was a result of a "significant improve- ment in the law and order situa- tion in the state." "This historic moment was achieved, following the era of peace and prosperity that came in the state with the ar- rival of Hon'ble Prime Minister, Shri @narendramodi led BJP government in Manipur" he tweeted.

Recently the Ministry of Home Affairs had issued two sep- arate gazette notifications, ex- tending for six months the disturbed area status in parts of Arunachal Pradesh and Nagaland under the AFSPA.

Supreme Court Views on the Act:-

The Supreme Court has upheld the constitutionality of AFSPA in a 1998 judgment (Naga People's Movement of Human Rights v. Union of India).

In this judgment, the Supreme Court held that

a suo-motu declaration can be made by the Central government, however, it is desirable that the state government should be consulted by the central government before making the declaration; the declaration has to be for a limited duration and there should be a periodic review of the declaration 6 months have expired;

while exercising the powers conferred upon him by AFSPA, the authorized officer should use minimal force necessary for effective action.