Centre reimposes AFSPA in Manipur's 6 police station areas

17-11-2024

Manipur has been facing ethnic violence for the past 19 months.
However, the responses from both the state government and the Centre have been weak and largely ineffective.
On 14th November 2024, the Union Home Ministry re-imposed Disturbed Area status under the Armed Forces (Special Powers) Act (AFSPA) in 6 police stations of the state.
This includes areas in the Imphal valley, such as Sekmai, Lamsang, Lamlai, Moirang, Leimakhong, and Jiribam.
Jiribam, located on the border with Assam, and other areas affected by the conflict, now fall under the reimposed AFSPA.

While this reimposition may not cover a large area, it could worsen tensions in Manipur, where AFSPA has been highly controversial.

Ethnic Conflict:
1. The conflict began when the Meitei community demanded Scheduled Tribe (ST) status, which was strongly opposed by the Kuki-Zomi communities.
2. The violence has led to displacement and loss of life on both sides.
3. Volunteers from both communities are now patrolling villages as part of local defence committees.
4. Over 5,000 looted weapons are still missing, and the state’s police and army are not working together effectively to solve the problem.
AFSPA’s History:
1. AFSPA was first imposed in 1958 in the Naga-dominated areas of Manipur.
2. In the 1960s, it was extended to the Kuki-Zomi-dominated district of Churachandpur, and by 1979, it applied to the entire state.
3. The act gives wide powers to the military, which has led to strong opposition from local people and rights groups.

Problems with AFSPA:

The state government is treating the issue as simply a law-and-order problem, without addressing the deeper political, social, and historical issues behind the conflict.
The government’s actions have been criticized for empty statements, blaming outsiders, imposing internet bans, and making vague promises of dialogue.
This narrow approach does not help solve the underlying problems of ethnic divisions and socioeconomic inequalities.
Reimposing AFSPA may lead to more military control, which could increase distrust between local communities and the military.
AFSPA has a history of human rights violations, and many people see it as a blunt tool that doesn't address the real issues.
Using force to solve the problem can make things worse and further alienate local people.

Role of AFSPA:
1. AFSPA was first introduced in 1958 to control insurgency in Manipur, giving the military powers to arrest without a warrant, use force, and search properties.
2. It was extended to more areas over time, especially after the rise of insurgent groups in the 1970s.
3. In 2000, Irom Sharmila, a well-known activist, began a 16-year hunger strike against AFSPA, highlighting its human rights abuses.
4. In 2004, a Jeevan Reddy Commission recommended that AFSPA be repealed, calling it “undesirable.” But the government didn’t act on this.
5. Over time, the Centre has started rolling back AFSPA from some parts of the Northeast where militancy has reduced. However, Manipur remains an exception.

Manipur, once one of the most prosperous states in the Northeast, now ranks among the poorest.
It faces high levels of unemployment, poverty, and lack of development.
The gap between the Meitei community (mainly in the Imphal Valley) and the Kuki-Zomi communities (mostly in the hills) has grown, making tensions worse.
The conflict is not just about security but also about ethnic identity, historical grievances, and demands for better political representation.
The government has failed to address these political issues and has focused only on military solutions, which is insufficient for long-term peace.

The government should give more autonomy to local communities to manage their affairs, ensuring that all ethnic groups have a voice in decision-making.
Dialogue and peacebuilding should take priority over military action, as long-term peace depends on trust and cooperation between communities.

Origins:
1. The Armed Forces (Special Powers) Act (AFSPA) has its roots in British-era legislation used to suppress the Quit India Movement.
2. In 1947, it was introduced as 4 ordinances, later replaced by an act in 1948.
3. The current law was enacted in 1958 by then-Home Minister G.B. Pant was initially called the Armed Forces (Assam and Manipur) Special Powers Act.
4. Over time, the law was extended to cover new states, including Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland.

Purpose:
1. AFSPA was enacted in 1958 to control areas the government considered to be disturbed due to ongoing conflict or insurgency.
2. The law was passed by the Indian Parliament in September 1958 and was first applied in the Northeast (Assam and Manipur), later extended to Punjab during militancy.
Powers Under AFSPA:
1. Open Fire: Armed forces have the authority to open fire at individuals, even if it results in death, if they believe it is necessary for maintaining order.
2. Arrest and Search: Officers can arrest without a warrant and search premises without a warrant if they suspect a cognizable offense has occurred.
3. Prosecution: Military officers are protected from prosecution unless they receive prior approval from the Central Government.

AFSPA can be implemented in regions declared disturbed by the government.
Currently, AFSPA is in effect in parts of:
1. Nagaland
2. Assam
3. Manipur
4. Arunachal Pradesh
Meghalaya: AFSPA was fully lifted in April 2018.
Tripura: AFSPA was repealed in 2015 after a decline in militancy.

Definition:
1. A disturbed area is one that has been officially declared as such under Section 3 of AFSPA.
Process:
1. The Governor of a state or Union Territory can issue a notification to declare an area as disturbed.
2. Once an area is declared disturbed, the Centre can send in the armed forces for civilian aid.
3. The state or central government can consider areas disturbed due to disputes or tensions between religious, racial, linguistic, or regional groups, including castes or communities.
4. After being declared disturbed, the region must maintain this status for a minimum of three months as per the Disturbed Areas (Special Courts) Act, 1976.
5. Although state governments can recommend whether AFSPA should be enforced, the Centre or Governor can overrule their suggestion.

Section 3: Empowers the Centre to declare any area as a disturbed area without needing the approval of the concerned state government.
Section 4: Grants wide powers to the armed forces, including the authority to:
1. Open fire on individuals, even if it results in death.
2. Arrest without a warrant.
3. Seize and search premises without a warrant.
Section 7: Stipulates that prior permission must be obtained from the Central or State authorities before prosecuting a member of the security forces.