Ministry of Home Affairs Reimposed AFSPA in violence hit areas of Manipur including Jiribam | Current Affairs | Vision IAS
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    Ministry of Home Affairs Reimposed AFSPA in violence hit areas of Manipur including Jiribam

    Posted 15 Nov 2024

    2 min read

    Armed Forces (Special Powers) Act (AFSPA) 1958 is imposed to bring back order in “disturbed areas”.

    Key highlight of AFSPA 

    • Disturbed areas: A part or whole state/UT can be declared so by Governor of state, administrator of UT or by Centre if use of armed forces in aid of civil power is necessary to restore order.
    • Grants Special power to armed forces: They can open fire against any person in contravention of law, arrest and search premises without warrant, etc.
    • Immunity to Armed Forces personnel:  Prohibits legal proceedings against them except with the previous sanction of the Central Government.
    • Treatment of arrested person: Army authority is required to handover the arrested person to the officer-in-charge of the nearest police station with least possible delay.
    • Applicability: Parts of Assam, Manipur, Nagaland, Arunachal Pradesh. 
      • Armed Forces (Jammu & Kashmir) Special Powers Act 1990 is applicable to disturbed areas of Jammu and Kashmir.
    • Concern: Abuse of powers, Human rights violation including rapes and sexual assaults etc.

    Other Related Information about AFSPA

    • Supreme Court Judgements 
      • Naga People’s Movement for Human Rights Case (1997): Court held power to cause death is to be exercised under definite circumstances. 
      • Extra Judicial Execution Victim Families Association case (2016): Court ruled that the armed forces could not be immune from investigation for excesses committed during the discharge of their duties even in disturbed areas.
    • Committees Recommendations
      • Justice B.P. Jeevan Reddy Committee (2004) recommended scrapping the AFSPA.
      • Santosh Hegde Committee (2013) suggested review of the Act every six-months.
      • Justice Verma Committee (2013) called for subjecting sexual violence against women by armed forces to regular criminal law.
    • Tags :
    • Justice Verma Committee
    • Internal security
    • North East Insurgency
    • AFSPA

    Articles Sources

    https://indianexpress.com/article/india/manipur-afspa-violence-jiribam-mha-9669599/#:~:text=A%20year
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