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Question. Critically analyse the Armed Forces Special Powers Act (AFSPA).
- January 12, 2023
- Posted by: Akarias
- Category: Blog
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Answer : The Armed Forces Special Powers Act was enacted by parliament of India in 1958 that grantsunfettered powers to the armed forces and the Central armed police forces to maintain ‘public order’ in disturbed areas.
Thank you for reading this post, don't forget to subscribe!This lawfirst came into effectto deal with the uprising in the Naga.
Arguments in support of AFSPA:
- Need special powers in disturbed areas to restore the normal situation.
- Prevention from proxy war in border areas, thus protecting the sovereignty and security of the nation.
- Boost morale of forces in ensuring the public order in disturbed areas.
- Absence of such legislation would adversely affect organisational flexibility.
Arguments against:
- Violation of human rights: There are several cases against employees of armed forces regarding violation of human rights of innocent people.
- Violates citizens Right to life (Article 21) for instance: according to the Sanjay Hegde commission (2013), all 7 deaths it investigated in Manipur were extra-judicial killings.
- Separatism increased by AFSPA. This produce mistrust on army by people.
- Terms like “Reasonable suspicion” etc. Are highly ambiguous.
- This law has been ineffective as it failed to restore normalcy in disturbed areas even after 60 years.
Conclusion:
Thus, this law needs a comprehensive and serious periodical review along with following the recommendations of Justice Jeevan Reddy commission and 2nd ARC.