EXTENSION OF AFSPA IN ARUNACHAL PRADESH AND NAGALAND

EXTENSION OF AFSPA IN ARUNACHAL PRADESH AND NAGALAND

30-03-2024

The Ministry of Home Affairs (MHA) has extended the duration of the Armed Forces (Special Powers) Act (AFSPA) in certain districts of Arunachal Pradesh and Nagaland for a further six-month period.

The extension starts from April 1, 2024, and was determined after a review of the law and order situation in these northeastern states.

Arunachal Pradesh:

In Arunachal Pradesh, the AFSPA has been extended for six months in the following areas:

  1. Tirap, Changlang, and Longding districts
  2. Areas under the jurisdiction of Namsai, Mahadevpur, and Chowkham police stations in Namsai district, bordering Assam.

Nagaland:

In Nagaland, the AFSPA has been extended for six months in the following districts and police station areas:

  1. 8 districts: Dimapur, Niuland, Chumukedima, Mon, Kiphire, Noklak, Phek, and Peren
  2. 21 police station areas in five other districts of Nagaland, which has a total of 16 districts

Powers Under AFSPA:

The Armed Forces (Special Powers) Act, 1958, provides powers to security forces in areas deemed "disturbed". Under the AFSPA, armed forces personnel have the power to search, arrest and open fire if deemed necessary to maintain public order.

The Armed Forces (Special Powers) Act, 1958

AFSPA is an act of the Indian Parliament that grants special powers to the Indian Armed Forces. The act allows the armed forces to maintain public order in "disturbed areas".

AFSPA gives the army and the Central Armed Police Forces (CAPF) the power to:

  1. Kill anyone acting in contravention(violation) of the law
  2. Arrest people and search any premises without a warrant
  3. Protection from prosecution and legal suits without the Union government's sanction.
  • AFSPA is based on a 1942 British colonial ordinance that was intended to contain the Indian independence movement during World War II.
  • The AFSPA has been challenged in the courts.
  • In 2007, the Second Administrative Reforms Commission recommended that the AFSPA be repealed.

 

Reduced Application of AFSPA:

  1. In April 2022, the Center reduced the number of disturbed areas under AFSPA in several parts of Nagaland, Assam and Manipur.
  2. The Act was lifted from Tripura in 2015, Meghalaya in 2018 and Mizoram in the 1980s. Despite these cuts, AFSPA remains in force in Jammu and Kashmir.

Demands for Repeal:

  1. Many political parties, NGOs and civil society organizations in the north-eastern region are demanding complete repeal of AFSPA.
  2. Critics argue that AFSPA violates human rights, while supporters claim it is necessary to maintain order in disturbed areas.

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