details about Armed Force Special Act

1. AFSPA (Armed Force Special Power Act)
HISTORY - This act was first implemented during the British Rule in India to suppress
the Quit India Movement in 1942. This gave the armed forces (under British rule) power
against the citizens of India who were revolting against of the British.
Now AFSPA is dealing with internal security issue and national threats to nation in areas
like insult of national flag, anthem and Indian constitution. AFSPA Provide some special
power for our armed force to control situation and maintain law and order. As understood,
our armed force work in difficult circumstances and a soldier deserves some legal protection
for his action.
In 1947 at the time of independence some area was struggled with internal issues due
partition in Bengal, east Bengal and Assam.
AFSPA draws attention of Indian population of India in 1958 when AFSPA is implemented
in Assam and Manipur east state of India, due to NAGA insurgency. After that AFSPA
affected 0‘seven sister 2state’ of India.
In 1983, AFSPA was also introduced in Punjab and Chandigarh which withdrawn in 1997.
Reason behind implementation AFSPA in Punjab and Chandigarh was Sikhs movement
which cause riots in 1984. Separatist leader ‘Bhindervale’ and supporters of individual
‘khalisthan’ as like ‘pak ’ whom were supported by across borders agency. It is interesting
fact that DAA was again implemented in Punjab in 2008 and continued in Chandigarh till
September 2012 when the Punjab and Haryana high court struck it down following a
petition filed by a local member of the Janata Dal (United).
In 1990 Jammu and Kashmir were announced as disturbed areas and
AFSPA is currently in force in Jammu and Kashmir.
Current State of AFSPA - In present ‘seven sisters state’ in north east of India and
Jammu and Kashmir are claimed disturbed area.
Assam - Except Guwahati municipal area AFSPA is in force in whole state. In Assam
AFSPA was introduced in 1958 when ‘Ulfa’ activities were peak in north east.
Meghalaya - Boundary area of Meghalaya with Assam in 20km belt are called as disturbed
area.
Arunachal Pradesh - In march 2015 government brought whole state under AFSPA
but due to state government it withdrew except three district Tirap, Changlang , Longding
and 20km border area with Assam are under AFSPA.

2. MIZORAM - In Mizoram AFSPA is in unclear condition. AFSPA is considered as sleeping
law in Mizoram.
NAGALAND - Nagaland is part of Assam previously known as ‘Naga hills’, Nagaland come
in existence in 1961 and now in whole Naga state AFSPA is currently in action.
TRIPURA - In Tripura AFSPA was implemented in 1997 and withdrawn in 2015.
MANIPUR- Except the Imphal whole Manipur state comes under AFSPA rules.
JAMMU & KASHMIR- Since 1990 AFSPA is active in J&K. In 1998 J&k and DAA
(disturbed area act) were lapsed but government still declare them as disturbed area under
section(3) of AFSPA.
WHAT IS IN ACT - Governor of the state and central government has power to any part of
state which is necessary to prevent any antinational activity and insult of national values.
AFSPA section(4) grant some special power of any officer in disturbed area which are
 Arrest without a warrant and carry a search without consent.
 After given warning fire upon and use other force like pellet, which may cause
serious injury or even death, against the person who didn’t obey rules of disturbed
areas.
 Stop and search any vehicle or vessel reasonably carrying suspected thing.
 After taken in custody the person is handed over to nearest police station as soon as
possible.
 Army officer have legal immunity for their action and there can be no prosecution,
suit and other legal proceeding against anyone acting under the law.
On July 8, 2016, in a landmark ruling, the Supreme Court of India ended the immunity of
the armed forces from prosecution under AFSPA, saying, in an 85 page judgment, “It does
not matter whether the victim was a common person or a militant or a terrorist, nor does it
matter whether the aggressor was a common person or the state. The
law is the same for both and is equally applicable to both. This is the requirement of a
democracy and the requirement of preservation of the rule of law and the preservation of
individual liberties.
CONCLUSION
As I think AFSPA is not a special power for any army officer it’s a extra responsibility on
their shoulders. It is not hidden that in current situation of j&k rebellions wave Pakistan and
ISIS flag and insult Indian constitution in front of the our soldiers by throwing stone and

3. raising antinational slogan. Our national armies stand with joining hand in any tragedy and
disaster. I think troops need such powers for working in disturbed areas, but some human
right organization have asked Indian government to repeal for public safety. It is clear that
any detainee may be held in administrative detention for 2 years without court order.
Some of human right activist criticism AFSPA for human right abuse. I admit in some of
cases under custody deaths and some of peace loving people are affected by army operation
as example of ‘irom chanu sharmila’ who is also known as ‘Iron lady of Manipur ’. She
began a hunger strike for 16 years form 2 November 2000 to 9 august 2016 because 10
civilan were killed in open fire committed by ‘Assam rifles’ but I am sure that army do not
do this type of stupid activity for enjoyment. It has to be a confusion or misleading
information.
Just think for a second what happens in a case when information is correct and army
doesn’t take any action which may cause thousands of death and losses of army personal by
any terrorist activity .
Some of people claim that army are raping in AFSPA ruled areas and its shameful for such
people. How can army do such sinful act. For your information Indian army are most
obeyed army in the world and it has been proven many time as during indo-china and kargil
war.
Once an area has been declared disturbed it cannot be subjected to judicial review. Critics
say that laws does not provide safe guard in application of AFSPA. There is no doubt that
killings and human rights violations have occurred due to AFSPA but the problems posed by
an array of internal and external agents necessitate an act with teeth to deal with them. A
soldier deserves all the legal protection for the action he does or judgment he makes on the
spot acting in best interest of the country.
Our armed forces operate in very difficult circumstances and are much
acquainted with actual ground situation than the bedroom patriots.
The act needs to continue, however, needs more humane provisions so
that state does not take away the right to life of the people.