AFSPA in Nagaland GS Paper - 3 North East Insurgency Left W | Deepak UPSC Notes

AFSPA in Nagaland

GS Paper - 3

North East Insurgency

Left Wing Extremism

Various Security Forces & Agencies & Their Mandate

Terrorism in Hinterland & Border Areas

Introduction: AFSPA

The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it was approved by the President on September 11, 1958. It became known as the Armed Forces Special Powers Act (AFSPA), 1958.

The Act came into force in the context of increasing violence in the North-eastern States decades ago, which the State governments found difficult to control.

AFSPA gives armed forces the power to maintain public order in “disturbed areas”. They have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving due warning if they feel a person is in contravention of the law.

If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search premises without a warrant; and ban the possession of firearms.

Disturbed Areas

A disturbed area is one which is declared by notification under Section 3 of the AFSPA. It can be invoked in places where the use of armed forces in aid of the civil power is necessary.

An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.

The Central Government, or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.

The Ministry of Home Affairs would usually enforce this Act where necessary, but there have been exceptions where the Centre decided to forego its power and leave the decision to the State governments.

Once declared ‘disturbed’, the region is maintained as disturbed for a period of three months straight, according to The Disturbed Areas (Special Courts) Act, 1976. The government of the state can suggest whether the Act is required in the state or not.