Whether the act legalizes the excessive force used by army in the “disturbed

area” declared under the act?

This act legalizes the use of excessive force in the disturbed areas. Some
provisions of this act provides arbitrary power and immunity from prosecution
to the persons appointed under this act, which thereto, puts the civilians into a
vulnerable position, exposing them to the use of excessive force.
Arguments advanced
Whether the act legalizes the use of excessive force in the disturbed area.
This act legalizes the use of excessive force in the disturbed areas. Some
provisions of this act provides arbitrary power and immunity from prosecution
to the persons appointed under this act, which thereto, puts the civilians into a
vulnerable position, exposing them to the use of excessive force.
Provisions of AFSPA that give extreme power to armed forces
Section 4(a) of the AFSPA grant extreme powers to the armed forces, they
have arbitrary power to kill any civilian after a warning, which is
contradictory to the principle of criminal justice. In Chandra Shekhar v. State
of Himachal Pradesh1 Supreme Court held

That the freedom of an individual is of utmost importance and cannot be

curtailed for indefinite period, especially when guilt, if any, is yet to be
proved. It is settled law that till such time guilt of a person is proved, he is
deemed to be innocent.

Section 4(a) AFSPA: if he is of opinion that it is necessary so to do for the

maintenance of public order, after giving such due warning as he may consider
necessary, fire upon or otherwise use force, even to the causing of death,
against any person who is acting in contravention of any law or order for the
time being in force in the disturbed area prohibiting the assembly of five or
more persons or the carrying of weapons or of things capable of being used as
weapons or of fire-arms, ammunition or explosive substances.
Moreover, in section 6 of AFSPA, legal immunity is provided to the armed
forces, which leads to a system which is devoid of checks and balances.
Section 6: Protection to persons acting under Act. —No prosecution, suit or
other legal proceeding shall be instituted, except with the previous sanction of
the Central Government, against any person in respect of anything done or
purported to be done in exercise of the powers conferred by this Act. Such sort
of absolute privileges provided to the armed forces lead to gross violation of
fundamental right of civilians, which is observed in numerous regions in north-
east.
Result of bestowing extreme forces in the hands of army
Nakaland killings due to AFSPA

 Indian Army’s para commandos shot 14 civilians in Nagaland's Mon

district.

 On Saturday, December 4,2021 Bharatn Army personnel shot and killed

what is a toll of 15 civilians in Nakaland. Authorities later announced
that the killings occurred during a military operation.

 An Assam Rifles unit shot another person after protesters attacked their
camp in district headquarters Mon the following day.

 The human rights Watch (HWR) based in New York called the act
'abusive' and asked for repealing the act.

 The National Human Rights Commission, NHRC, Bharat has taken suo-
motu cognizance of media reports on the killing of civilians when their
vehicle was fired upon in an alleged botched up operation by the Army
Para Commandos, lying in wait for Militants in Mon district of Nakaland
late Saturday on 4th December, 2021. This triggered several incidents of
arson, rioting and attack on soldiers and Assam Rifles camp resulting in
more injuries and deaths, including that of one soldier.

 The 1994 Mokokchung Massacre also referred to as Ayatai Mokokchung

by the citizens of the town, took place on December 27, 1994, when
forces of the 10th Assam Rifles and the 12th Maratha Light Infantry of
the Bharatiyan Army raided upon civilian populace of Nakaland's
Mokokchung.
What is extreme force
In Shree Ajay Kumar v. State of Uttar Pradesh ,“A ruling that the Uttar Pradesh
police violated protestors right to life by use of firearms and indiscriminate use
of batons, teargas will serve as an important reminder to the police and the
Indian State to respect the rights to life, freedom from ill-treatment and
freedom of assembly and expression of protestors and that the use of such
force against peaceful protestors will not be condoned by the State” .
Cases of unreasonable force have been seen over the time in nakaland, which
might be taken into consideration by this honorable court as gross violation of
human rights which are done in due process of law.

1. Chandra Shekhar Singh vs State of Himachal Pradesh, 2018