THE DEPLOYMENT OF MILITARY UNDER ARMED FORCES SPECIAL POWER

ACT, 1958
By
Sai Rishiitha Dasari
2019022
5 Year Integrated B.A., LL.B. (Hons.) Course

MILITARY LAW

Under the supervision of

Dr. I. DURGA PRASAD

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

NYAYAPRASTHA “, SABBAVARAM, VISAKHAPATNAM-531035
ANDHRA PRADESH, INDIA

08-04-2023

CERTIFICATE

This is to certify that the dissertation entitled THE DEPLOYMENT OF MILITARY UNDER
ARMED FORCES SPECIAL POWER ACT, 1958 for the Seminar Paper MILITARY LAW to
Damodaram Sanjivayya National Law University, Visakhapatnam is a record of original work
done by Ms. SAI RISHIITHA DASARI under my supervision and guidance to my satisfaction.
 SIGNATURE OF THE GUIDE
Visakhapatnam
Date: 08-04-2024

ACKNOWLEDGEMENT:

I am highly indebted to my Hon’ble PROF. Dr. I. DURGA PRASAD SIR, for giving me a
wonderful opportunity to work on this topic. It is because of his excellent knowledge, experience
and guidance, this project is made with great interest and effort. I would always also take this as
an opportunity to thank my parents for their support. I have no words to express my gratitude to
each person who have guided and suggested me while conducting my research work.

THE DEPLOYMENT OF MILITARY UNDER THE

ARMED FORCES SPECIAL POWER ACT, 1958
ABSTRACT

The Armed Forces Special Powers Act (AFSPA) of 1958, enacted to maintain public order in
areas deemed "disturbed" by the Indian government, has been a subject of intense debate and
controversy. This dissertation delves into the implications and consequences of deploying the
military under the AFSPA in India, focusing on its impact on human rights, security, and civil-
military relations.

The study begins with an overview of the historical context and legal framework surrounding the
AFSPA, examining its provisions and the rationale behind its implementation. It explores case
studies from regions such as Jammu and Kashmir, Manipur, and Nagaland, where the AFSPA has
been enforced, analyzing instances of human rights violations, including extrajudicial killings,
arbitrary detention, torture, and enforced disappearances.

Furthermore, the dissertation investigates the efficacy of the AFSPA in achieving its stated
objectives of restoring peace and order, considering alternative approaches to conflict resolution
and governance in the affected regions. It critically evaluates the role of the military in internal
security operations, assessing the balance between security imperatives and respect for human
rights and the rule of law.
Moreover, the study examines the legal and institutional mechanisms for accountability and
redress for victims of human rights abuses under the AFSPA, including the role of oversight
bodies such as the National Human Rights Commission (NHRC) and state human rights
commissions. It also explores international standards and best practices in conflict management
and the protection of human rights, offering recommendations for policy reform and
improvement.

Ultimately, this dissertation contributes to a deeper understanding of the complexities

surrounding the deployment of the military under the AFSPA in India, highlighting the need for
comprehensive reforms to uphold human rights, ensure accountability, and promote lasting peace
and stability in conflict-affected regions.

THE DEPLOYMENT OF MILITARY UNDER THE

ARMED FORCES SPECIAL POWER ACT, 1958
SYNOPSIS

Introduction

The Armed Forces Special Powers Act (AFSPA) of 1958 is a contentious piece of legislation that
grants sweeping powers to the military in areas designated as "disturbed" by the Indian
government. Initially enacted to quell insurgencies and maintain public order, the AFSPA has
been criticized for its implications on human rights, civil liberties, and democratic principles.
This dissertation aims to examine the deployment of the military under the AFSPA, analyzing its
impact on security, human rights, and civil-military relations in India. By delving into case
studies, legal frameworks, and institutional mechanisms, this study seeks to provide insights into
the complexities surrounding the AFSPA and offer recommendations for policy reform and
improvement.

Objective of the Study

The primary objective of this study is to critically examine the deployment of the military under
the Armed Forces Special Powers Act (AFSPA), 1958 in India. Specific objectives include:

1. To analyze the historical context and evolution of the AFSPA, tracing its origins, amendments,
and implementation.

2. To evaluate the legal and constitutional implications of the AFSPA, particularly in relation to
human rights, civil liberties, and democratic governance.
3. To assess the impact of the AFSPA on security dynamics, insurgency management, and
conflict resolution in areas designated as "disturbed" by the Indian government.

4. To investigate the role of institutional mechanisms, such as oversight bodies and judicial
review, in ensuring accountability and addressing grievances related to AFSPA deployment.

5. To identify challenges and shortcomings associated with the AFSPA and propose
recommendations for policy reform and improvement, with a focus on upholding human rights
standards and fostering peacebuilding efforts.

Significance of the Study

The study on the deployment of the Armed Forces Special Powers Act, 1958 (AFSPA) carries
significant implications across multiple domains. Firstly, it delves into the human rights impact
of the AFSPA, particularly concerning allegations of extrajudicial killings and enforced
disappearances. Secondly, through a legal analysis, it assesses the AFSPA's alignment with
international standards, contributing to ongoing debates on civil liberties and security measures.
Thirdly, by examining its role in conflict regions, the study aids in understanding conflict
dynamics and contributes to discussions on peacebuilding and reconciliation efforts.
Furthermore, it sheds light on governance issues, highlighting the relationship between security
measures and democratic principles. Lastly, findings from the study can inform policy
recommendations aimed at improving human rights protection, enhancing accountability
mechanisms, and fostering conflict resolution strategies.

Scope of the study

The study begins with an overview of the historical context and legal framework surrounding the
AFSPA, examining its provisions and the rationale behind its implementation. It explores case
studies from regions such as Jammu and Kashmir, Manipur, and Nagaland, where the AFSPA has
been enforced, analyzing instances of human rights violations, including extrajudicial killings,
arbitrary detention, torture, and enforced disappearances.

Furthermore, the dissertation investigates the efficacy of the AFSPA in achieving its stated
objectives of restoring peace and order, considering alternative approaches to conflict resolution
and governance in the affected regions. It critically evaluates the role of the military in internal
security operations, assessing the balance between security imperatives and respect for human
rights and the rule of law.

Literature Review
The literature review for this dissertation encompasses an examination of various scholarly
works, including books and journals, that provide insights into the legal framework, policies, and
challenges surrounding sports in India.

1. "Armed Forces Special Powers Act: The Debate" by Ritu Raj Konwar
This seminal work provides a comprehensive analysis of the historical context, legal
framework, and socio-political implications of the Armed Forces Special Powers Act
(AFSPA). Konwar critically examines the debates surrounding the AFSPA, offering
insights into its impact on civil liberties, governance, and conflict resolution in India's
troubled regions. Through a thorough exploration of case studies and legal precedents,
the book provides a nuanced understanding of the complexities surrounding the AFSPA.

2. "Human Rights Violations under the Armed Forces Special Powers Act: A Case
Study of Manipur" by Priyanka Chharia
Chharia's article offers an in-depth examination of human rights violations perpetrated
under the AFSPA, focusing specifically on the state of Manipur. Drawing on interviews,
fieldwork, and legal analysis, the author elucidates the experiences of individuals affected
by the AFSPA's implementation. The article highlights the challenges faced by human
rights defenders and sheds light on the need for accountability mechanisms to address
violations.

3. "The Armed Forces Special Powers Act: A Legal Analysis" by Anurag Kundu
Kundu's article provides a meticulous legal analysis of the AFSPA, examining its
constitutional validity, scope, and implications for human rights. Through a comparative
study of similar legislations in other countries, the author assesses the AFSPA's
compliance with international legal standards. Kundu critically evaluates judicial
pronouncements and legislative debates, offering insights into the evolving discourse on
security legislation and human rights protection in India.

These selected works represent a rich array of scholarship on the AFSPA, offering diverse
perspectives and rigorous analyses that contribute to our understanding of its complexities and
implications.

Research Methodology

My research methodology involves Doctrinal Type of Research. Doctrinal research is a type of

legal research that primarily involves the analysis and interpretation of existing legal principles,
statutes, case law, and other legal materials. It is focused on examining the written sources of law
to understand legal doctrines, rules, and concepts, as well as how they have been applied and
interpreted by courts and legal authorities.

Research Question

1. Whether the deployment of military forces under the Armed Forces Special Powers Act
(AFSPA) impacts human rights in conflict-affected regions of India?

Hypothesis: The increased presence of military forces authorized by the AFSPA leads to a higher
incidence of human rights violations, including extrajudicial killings, torture, and arbitrary
detention, due to the broad powers granted to security personnel.

2. Whether the socio-political implications of the AFSPA on governance and conflict

resolution in Northeast India are significant?

Hypothesis: The implementation of the AFSPA exacerbates existing tensions between state
authorities and marginalized communities in Northeast India, hindering efforts towards peaceful
resolution of conflicts and fostering a culture of mistrust and resistance.

3. Whether the legal framework of the AFSPA aligns with international human rights
standards and principles?

Hypothesis: The AFSPA, by granting sweeping powers to security forces and limiting
accountability mechanisms, contradicts key provisions of international human rights law,
resulting in systemic violations of individuals' rights to life, liberty, and security.