Context: The Ministry of Home Affairs (MHA) has extended the Armed Forces (Special Powers) Act (AFSPA), 1958 in parts of Manipur, Nagaland, and Arunachal Pradesh for another six months, citing security concerns in these border and insurgency-affected states.
AFSPA Coverage
- Manipur: Entire state remains under AFSPA, except for 13 police stations in five valley districts. The extension comes amid ethnic violence that has persisted since May 2023.
- Nagaland: AFSPA continues in 9 districts and 21 police stations across five additional districts, due to ongoing Naga insurgency.
- Arunachal Pradesh: Three full districts and areas under selected police stations in Namsai (bordering Assam) are notified under AFSPA because of cross-border militant activities.
About AFSPA, 1958
- Declaration Power (Sec 3): The Centre, Governor, or UT Administrator can declare any area "disturbed" through a Gazette notification. The declaration must be reviewed every six months.
- Special Powers (Sec 4): Armed forces can:
- Use force, including lethal force, against unlawful assemblies.
- Arrest without a warrant.
- Search premises to maintain order.
- Assembly Ban: Gathering of five or more persons can be prohibited in disturbed areas.
- Immunity (Sec 6): Personnel cannot be prosecuted without prior sanction from the Central Government.
- Review: Regular re-evaluation ensures that AFSPA is temporary and based on security conditions.
Constitutional & Governance Dimensions
- Centre-State Balance: AFSPA underscores the tension between national security imperatives and state autonomy.
- Human Rights Concerns: Critics highlight misuse, civilian casualties, and prolonged enforcement in the Northeast.
- Judicial Scrutiny: The Supreme Court in Extra Judicial Execution Victim Families Association (2016) stressed accountability and limited use of force.
Significance for India
- Internal Security (GS3): AFSPA remains a key tool in tackling insurgency, though its prolonged use raises questions on governance and human rights.
- Policy Challenge: Balancing security needs with democratic accountability and trust-building in conflict zones remains central to India’s counterinsurgency framework.