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.

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.