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Polity & Governance, Defence & Security
Mahesh

03/04/22 16:38 PM IST

AFSPA

In News 
  • AFSPA, which gives sweeping powers to the armed forces, has been fully or partially withdrawn from parts of three Northeast states — Assam, Nagaland and Manipur. 
About AFSPA
  • The Act in its original form was promulgated by the British in response to the Quit India movement in 1942.
  • After Independence, Prime Minister Jawaharlal Nehru decided to retain the Act, which was first brought in as an ordnance and then notified as an Act in 1958.
  • AFSPA has been imposed on the Northeast states, Jammu & Kashmir, and Punjab during the militancy years.
  • Punjab was the first state from where it was repealed, followed by Tripura and Meghalaya. It remains in force in Nagaland, Manipur, Assam, J&K, and parts of Arunachal Pradesh.
Provisions of the act 
  • AFSPA provides for special powers for the armed forces that can be imposed by the Centre or the Governor of a state, on the state or parts of it, after it is declared “disturbed’’ under Section 3.
  • The Act defines these as areas that are “disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary’’.
  • AFSPA has been used in areas where militancy has been prevalent.
Criticism
  • The Act, which has been called draconian, gives sweeping powers to the armed forces.
  • It allows them to open fire’, even causing death, against any person in contravention to the law or carrying arms and ammunition.
  • It gives them powers to arrest individuals without warrants, on the basis of “reasonable suspicion”, and also search premises without warrants.
  • The Act further provides blanket impunity to security personnel involved in such operations: There can be no prosecution or legal proceedings against them without the prior approval of the Centre.
Source-Indian Express 

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