AFSPA

AFSPA stands for Armed Forces Special Powers Act ; the union government has partially withdrawn the AFSPA 1958 from three North East states ; Assam , Nagaland and Manipur.

Currently AFSPA remains in force in parts of these three states as well as in parts of Arunachal pradesh and Jammu and Kashmir.

Back ground

Armed forces special powers ordinance was promulgated by British colonial government on august 15 1942 to suppress the quit India movement.
Following that four ordinances came ; one was for Assam's disturbed area ,it was invoked in 1947 to deal with partition induced internal security challenges.
After that AFSPA 1958 came it was for Assam and Manipur , to deal with uprising in Naga hills and adjoining areas.
Later the act was replaced for wider application.
A similar act specific to Jammu and Kashmir was enacted in 1990.

How does AFSPA work?

It gives sweeping powers to armed forces .

For instance , it allows them to open fire even causing death , against any person in contravention to law.

It also gives power to arrest individual on the basis of reasonable suspicion and search premises with out warrants.

It can be imposed by centre or the governor of the state on the state or parts of it, after these areas are declared disturbed under section three.

Tripura revoked the act in 2015 , and Meghalaya was under AFSPA for 27 years , until it was revoked by MHA in April 2018.

Role of state governments

Informal consultation with states
The centre takes decision after receiving a recommendation from state government
coordination with local police
According to the act after apprehension of suspects , the security forces hand them over to the local police station with in 24 hours.
It says armed forces must act in coordination with district administration and not as independent body.

Withdrawal of AFSPA and it's impacts

Improved security situation
fast tracked development
several agreements to end insurgency
For example ; In Nagaland all major groups the NSCN (I-M) and Naga national political groups are in advanced stage of concluding agreement with government.

Impacts

North East has lived under the shadow AFSPA for nearly 60 years creating a feeling of alienation from the rest of the country, the move is expected to help
De militarise the region
It will lift restriction on movement through check points
frisking of residents

What has made AFSPA unpopular?

Furtherance of feeling alienation
Use of force solidified Naga nationalism
Draconian law
Fake encounters
By passing state

Protest by Irom Sharmila ; 16 years of hunger strike .

Justice Jeevan Reddy ; in 2004 central government set up a five member committee under supreme court judgr Jeevan Reddy , the committee recommended the repeal of AFSPA.

Second administrative reform commission headed by Veerapa Moily endorsed these recommendations.

Way forward

The government security forces should abide by the guidelines set out by supreme court , Jeevan Reddy commission and National Human Rights commission.