The killing of 14 civilians in a botched military operation in

Nagaland, on 4th December, has led to fresh calls for

repealing The Armed Forces (Special Powers) Act (AFSPA).
• On 12th December 2021, Nagaland minister V. Kashiho
Sangtam alleged that the Army has taken “undue
advantage" of the Armed Forces (Special Powers) Act to
“kill and terrorise” people since 1958.

“Due to the imposition of AFSPA, our people have for so long

suffered untold miseries and discrimination at the hands of
security forces.
Thousands of lives have been lost and homes left shattered
and broken due to AFSPA, but the protests against this Act
seems to have fallen on deaf ears.”
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Dr. MAHIPAL SINGH RATHORE

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 What is AFSPA?
1947 – In the wake of the partition riots, four ordinances
were promulgated.

1. Bengal Disturbed Areas (Special Powers of Armed Forces)

Ordinance;

2. this was followed by ordinances for Assam, East Punjab

and Delhi, and the United Provinces.
These ordinances were replaced by a common
legislation – the Armed Forces (Special Powers) Act,
1948.

This was meant to be in force for one year, but was

repealed only in 1957.

May 1958 – The President promulgated the Armed

Forces (Assam and Manipur) Special Powers Ordinance.

This was subsequently replaced by an act of Parliament

– the Armed Forces (Assam and Manipur) Special
Powers Act, 1958.
The Armed Forces (Assam and
Manipur) Special Powers Act, 1958 was
subsequently adapted appropriately
after the creation of:
• Arunachal Pradesh,
• Meghalaya,
• Mizoram,
• Nagaland and
• Tripura.
 Powers under the Act
The Act empowers:
• the Governor of any State, or
• the Administrator of a Union Territory, or
• the Central Government

to notify parts of or the whole of a State or a Union

Territory as a ‘disturbed area’,
if they consider that the condition in such areas is so
dangerous or disturbed that the use of the armed forces
is necessary in aid of civil power.
In such a notified area, any officer of the armed forces
may fire upon or use force, even to the point of causing
death, against any person for the maintenance of public
order.
• This must be done after giving due warning as considered
necessary.

The target must be:

a person who is contravening any law

For enforcing an order prohibiting the assembly of five or
more persons
 carrying weapons, firearms or ammunition.
 The Act allows the armed forces to:
• arrest and search of any premises without a warrant in a
notified area,
• the recovery of any confined person, or any arms and
ammunition stored unlawfully.
• Destroy any hideout, or arms dump or fortified area or
shelter from which armed attacks are being launched, or
any arms training is being carried out.

No person can be prosecuted or subjected to any legal

proceedings for action taken under the Act, without the
Central Government’s previous sanction.
 **Please note**

When a state government calls upon the centre for help (for
example during elections) when the local police may be stretched
too thin to simultaneously handle day-to-day tasks, the central
government may send in the BSF and the CRPF.

Such cases do not come under the purview of AFSPA.

AFSPA is confined to be enacted only when a state, or part of it, is

declared a 'disturbed area'.
 Expansion of AFSPA over different states
• The AFSPA has been in force for decades in most parts of
the Northeast States.

This has brought protection under the law to the armed

forces for use of force in the notified area.

• A ‘disturbed area’ notification, is extended periodically,

mostly for six months at a time.
 State Current Status
Assam Whole state notified as “disturbed area”.
Last notification on 28th August 2021.
Nagaland Whole state notified as “disturbed area”.
Last notification on 30th June 2021.
Manipur Whole state apart from Imphal municipal area.
Last notified by the state government for 1 year from
December 2020.

Arunachal The ‘disturbed area’ notification is confined to the

Pradesh districts of Tirap, Changlang and Longding, and the areas
falling under Namsai and Mahadevpur police stations,
bordering Assam.
 Has AFSPA ever been REVOKED ?
• TRIPURA

• MEGHALAYA

• PUNJAB
May 2015 –AFSPA was revoked in Tripura, after being in force
since February 1997.

It was revoked by a decision of the State Cabinet following

substantial improvement in the ground situation.

1st April 2018 – AFSPA revoked in Meghalaya, after being in

force for 27 years.

The Act was implemented in a 20-km area along the border

with Assam.
Note that Jammu and Kashmir has a
separate J&K Armed Forces (Special Powers)
Act, 1990.
The Armed Forces (Punjab and Chandigarh)
Special Powers Act, 1983
Enacted by the Parliament to enable the central armed forces to
operate in the state of Punjab and the union territory of Chandigarh.

The terms of the act provided two additional powers [above the
Armed Forces Special Powers Act (Assam and Manipur) of 1972] to
the armed forces:
1. Any vehicle could be stopped, searched and seized forcibly if it is
suspected of carrying proclaimed offenders or ammunition.
2. A soldier had the power to break open any locks "if the key there
of is withheld".

1997 – The act was withdrawn.

 Opposition to AFSPA
Irom Chanu Sharmila, an activist from
Manipur, was the most iconic figure in the
struggle against AFSPA.
2000 – She sat on an indefinite fast,
demanding its repeal.

• She ended the fast in August 2016.

2005 – A Government-appointed five-member committee
headed by retired Supreme Court judge, B. P. Jeevan Reddy,
recommended that AFSPA be repealed.

It suggested that the Unlawful Activities (Prevention) Act

could be suitably amended to deal with terrorism.

It made this recommendation as it felt that the AFSPA

created an impression that the people of the Northeast
States were being targeted for hostile treatment.

2015 – The Government of India rejected the

recommendation to repeal AFSPA.
The second Administrative Reforms Commission (ARC) in its fifth
report on "Public Order", recommended to repeal of Armed Forces
Special Powers Act, 1958, on the following grounds:

• Its scrapping would remove sentiments of discrimination and

alienation among the people of the North-East India.

• The commission recommended to amend the Unlawful Activities

(Prevention) Act, 1967 inserting a new chapter to deploy the
armed forces of the Union in the North eastern States.

• It supported a new doctrine of policing and criminal justice

inherent in an inclusive approach to governance.
July 2016 – In a landmark ruling, the Supreme Court of
India ended the immunity of the armed forces from
prosecution under AFSPA, saying, in an 85-page
judgement.
 The Verdict
“It does not matter whether the victim was a common
person or a militant or a terrorist, nor does it matter whether
the aggressor was a common person or the state.
The law is the same for both and is equally applicable to
both ... This is the requirement of a democracy and the
requirement of preservation of the rule of law and the
preservation of individual liberties.”

The Supreme Court rejected the government’s argument

that lack of immunity from prosecution would have a
demoralising impact on the security forces.
The court asked the Centre to spare a thought for the
“equally unsettling and demoralising” picture of a citizen
living under the fear of the gun in a democracy.

The court dismissed the government’s argument that every

armed person breaking prohibitory orders in a disturbed
area runs the risk of being considered an “enemy.”

A thorough enquiry should be conducted into “encounter”

killings in disturbed areas because the “alleged enemy is a
citizen of our country entitled to all fundamental rights
including under Article 21 of the Constitution.”
 In support of AFSPA
• The Army has been resolutely opposed to the repeal of
AFSPA.

• It claims that the Armed Forces personnel require legal

protection in disturbed areas, for it to operate effective and
preserve the security and integrity of the country.
 The Situation now
• The Nagaland government headed by the NDPP, an ally of the
BJP, has set up a special investigation team to probe the 4th
December massacre.

• It has also decided to formally move the Centre for the repeal
of the “draconian” AFSPA.
The government has also passed a cabinet memo for the
repeal.

• The government also organised memorial service in Kohima,

which was attended by chief minister Neiphiu Rio.
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