Armed Forces Special Powers Act

Overview of Indian Polity Studies

The Armed Forces (Special Powers) Act (AFSPA) is a parliamentary act that grants special powers to the Indian Armed Forces, as well as state and paramilitary forces, in designated “disturbed areas” to help maintain law and order. This topic is a crucial part of the Indian Polity syllabus for the IAS Exam.

What is the Purpose of AFSPA?

The Act empowers security forces to operate in areas classified as “disturbed” by the government, allowing them to carry out operations necessary for restoring order in regions experiencing significant unrest or insurgency. In such areas, the forces have the authority to:

• Use force, even to the point of causing death, to counter armed insurgents.
• Conduct searches without warrants for individuals or properties believed to be used by insurgents.
• Arrest individuals based on suspicion of involvement in cognizable offenses without a warrant.
• Receive immunity from legal prosecution for actions performed under AFSPA’s provisions.

Recent Developments

In March 2023, Home Minister Amit Shah announced a reduction in the regions designated as disturbed under AFSPA in Nagaland, Assam, and Manipur, due to improved security conditions in the North-Eastern states. This move aims to foster a more peaceful environment in the region.

Historical Background of AFSPA

Pre-Independence Origins

The roots of the Armed Forces (Special Powers) Act, or AFSPA, trace back to British colonial rule, reflecting a legacy of legal measures aimed at controlling civil unrest. This lineage began with the enactment of a similar ordinance during the Quit India Movement in 1942.

On August 8, 1942, Mahatma Gandhi’s call for the British to “Quit India” sparked widespread, often violent, protests across the country. Top leaders like Gandhi, Jawaharlal Nehru, and Sardar Vallabhbhai Patel were imprisoned, leaving the movement without central leadership. As unrest intensified, the then Viceroy of India, Lord Linlithgow, issued the Armed Forces (Special Powers) Ordinance. This ordinance effectively granted sweeping powers to the armed forces, allowing them to use lethal force in cases of internal disturbances.

Following the country’s independence, similar ordinances were issued in 1947 to address partition-related unrest. Targeted at four critical regions—Bengal, Assam, East Bengal, and the United Provinces—these measures aimed to manage the law and order crisis caused by the partition’s violent upheaval.

Post-Independence Enactment

India’s independent government retained and adapted the framework of the colonial ordinance to address post-independence security challenges, leading to the creation of three separate AFSPA acts for different regions:

1. The Armed Forces (Assam and Manipur) Special Powers Act, 1958:
   • This act was initially introduced to address the Naga insurgency in Assam. In 1951, the Naga National Council (NNC) claimed a “plebiscite” in which most Nagas reportedly voted for an independent Naga nation, which was followed by boycotts of the 1952 general elections, schools, and other government institutions.
   • By 1953, Assam authorities invoked the Assam Maintenance of Public Order (Autonomous District) Act in the Naga Hills, intensifying police efforts to curb the unrest. The Assam Rifles, along with the state police, were deployed under the Assam Disturbed Areas Act of 1955, yet this measure proved insufficient to contain the Naga rebellion.
   • On May 22, 1958, President Rajendra Prasad issued the Armed Forces (Assam and Manipur) Special Powers Ordinance. Later that year, this ordinance evolved into the Armed Forces (Assam and Manipur) Special Powers Act, 1958. The act enabled state governors and union territory administrators to declare certain areas “disturbed,” providing the legal grounds for armed forces to exercise significant authority in maintaining public order. This act was gradually extended to cover all northeastern states facing similar insurgencies.
2. The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983:
   • In the 1980s, separatist tensions rose in Punjab due to the Khalistan movement. To manage the resulting violence, the Indian government passed the Armed Forces (Punjab and Chandigarh) Special Powers Act in 1983, succeeding an earlier ordinance issued that same year.
   • This act granted additional powers to the armed forces beyond those in the 1958 AFSPA. For instance, under Section 4(e), security forces could search and seize any vehicle suspected of transporting offenders or weapons, while Section 5 allowed them to forcibly open any locked premises if the key was withheld.
   • The act remained in effect until 1997, when the state government withdrew the Disturbed Areas Act in Punjab; however, it continued in Chandigarh until the Punjab and Haryana High Court struck it down in 2012.
3. The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990:
   • In response to escalating militancy in Jammu and Kashmir, AFSPA was extended to this region in 1990. The act empowered the governor and central government to declare any part of the state as “disturbed” if security conditions warranted it.
   • Although Jammu and Kashmir’s Disturbed Areas Act (DAA) was enacted in 1992, the AFSPA continued to be enforced even after the DAA lapsed in 1998, as the government argued that Section 3 of AFSPA sufficed to designate disturbed areas.
   • The implementation of AFSPA in Jammu and Kashmir has been a source of intense debate and controversy due to allegations of human rights abuses. Despite numerous calls for its repeal or modification, AFSPA remains active in parts of the state.

Summary

While initially rooted in colonial control mechanisms, AFSPA has evolved into a tool for handling internal security threats in independent India. However, its use has drawn significant criticism, with debates on whether its provisions strike an appropriate balance between national security needs and human rights protections.