Ministry of Home Affairs (MHA) extended Armed Forces (Special Powers) Act, 1958 (AFSPA) in Nagaland and Arunachal Pradesh | Current Affairs | Vision IAS
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    Ministry of Home Affairs (MHA) extended Armed Forces (Special Powers) Act, 1958 (AFSPA) in Nagaland and Arunachal Pradesh

    Posted 30 Mar 2024

    2 min read

    • Assam government has also extended AFSPA 1958 in four districts for another six months.

     

    • About AFSPA, 1958
      • It gives armed forces power to maintain public order in “disturbed areas”.
      • Act gives special powers to armed forces like:
        • To prohibit a gathering of five or more persons in an area.
        • Can use force or open fire if they feel a person is in contravention of law.
        • Can also arrest a person without a warrant; enter or search a premises and ban possession of firearms.

     

    • Powers to Declare Areas to be Disturbed Areas
      • Disturbed area declared under Section 3 of AFSPA when a part or whole State/ Union Territory (UT) is in such a condition that the use of armed forces in aid of civil power is necessary.
      • Central Government or Governor of State or administrator of UT can declare whole or part of State/UT as a disturbed area.

     

    • Issues with AFSPA 
      • Violates right to life and right to remedy; Misuse of powers by armed forces; Violates International law like Universal Declaration of Human Rights, etc.

     

    Immunity under AFSPA

    • No prosecution, suit or any other legal proceeding can be instituted, except with previous sanction of Central Government, against anything done or purported to be done in exercise of powers conferred by Act.

     

    Supreme Court (SC) Judgement related to AFSPA

    • In Extra Judicial Execution Victim Families Association v Union of India case (2016), SC held that there is no concept of absolute immunity from trial by criminal court even when an offence is committed by army personnel.
    • Tags :
    • AFSPA 1958
    • Immunity under AFSPA
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