The AFSPA or the Armed Forces Special Powers Act is an act of the Indian Parliament which was passed in the year 1958. It is based on the same act passed by the British government in 1942 to give special powers to the security forces to suppress the Quit India movement. Since then, the act has been in force in various other areas such as Jammu and Kashmir, where it has been in force since the year 1990, at the peak of the insurgency, while in Punjab and Chandigarh in 1983, when the secessionist movement was gathering hold there. The AFSPA was later revoked from Punjab in 1997, but continues to be in place in Jammu and Kashmir and almost all of the North East except Tripura, where it was revoked in 2015 following a governmental evaluation of the status quo.
So what exactly is the AFSPA?
Well, as per the act the Armed forces are given special powers by the Indian Parliament in what are termed as “disturbed areas”. The definition of disturbed areas is broad and widely contested. It can range from an area under civil unrest due to protests to border disputes with neighbouring nations to containing insurgency and militancy. Usually, it’s the latter of the three causes mentioned above that warrants an area to be qualified under the “disturbed” category.
Next question that might pop up here is: what are these “special powers” that are granted to the Armed forces?
A person of the armed forces can after giving due warning fire upon or use force, even leading to the death of an individual, for maintenance of public order.
Search and arrest any person, vehicle or premises, without the need for an official warrant if there is reasonable suspicion to believe that the accused is contributing to or is directly involved in activities in violation of the civilian code in place.
The members of the forces have legal immunity for their actions. No judicial proceedings can take place against them for acts committed under the AFSPA.
Current status
Tripura: (1997-2015)
Revoked in 2015 after careful evaluation of the security situation that arose out of tensions between migrants and the local tribes. The NLFT and ATTF were major factors leading the struggle.
Manipur: (1980-present)
Irom Sharmila, a human rights activist, has been on indefinite hunger strike for 15 years to prompt the government to revoke the AFSPA, but the security situation in the state has led the government to decide otherwise.
Arunachal Pradesh (1991-present)
The AFSPA in Arunachal exists in 12 of the 14 districts of the state. The borders with Nagaland and Myanmar have led to a variety of insurgents to transcend to and fro, causing disturbances.
Assam (1990-present)
The long border with Bangladesh and cross border logistical support prove to be helping hands to the militants. With several claims for creation of autonomous regions within the state and ULFA and NDFB being disbanded as terrorist organizations, the current status of the insurgency still largely remains a question mark.
Meghalaya (1995-present)
The AFSPA in Meghalaya extends only 20 kms along the Assam border. The security establishment has been successful in controlling the spread of the insurgency after a peace accord was signed between the ANVC and the government of Meghalaya.
Nagaland (1958-present)
The act was imposed when the Naga movement for independence began with the NSCN leading the struggle. Even though the insurgency is under control today, the act has been extended till mid 2016 on account of the existing ethnic tensions.
Mizoram (1966-present)
The state of Mizoram has been largely peaceful after the signing of the Mizoram peace accord in 1986. But, the state and central governments have been largely negligent of lifting the AFSPA from the state.
Jammu and Kashmir (1990-present)
J&K came under the AFSPA in July 1990 after a peak in insurgent activities and cross border terrorism. A volatile border with Pakistan and the presence of the independent Kashmir sentiment still prevalent in some parts of the state has led to the AFSPA being indefinitely continued with the atmosphere across J&K being anything but peaceful.
All that said and done, is the AFSPA really worth it given all the claims of human rights violations against the Indian armed forces?
I would say yes. Even with United Nations, which is a truly global organization for the maintenance of peace and order, there have been accusations against the United Nations’ Peacekeeping Forces as well. No, I am not defending allegations, neither am I saying that the system is perfect. I am a realist, not an idealist. That is the price of security and stability. Firstly, the Indian armed forces are a well trained, well disciplined unit. They are taught that their first act should be in service to the nation, which in essence, is service to the citizens of that nation. Hence, it is highly unlikely that the soldiers of such a force would break the chain of command and commit any acts which act in contradiction of the very law and order they are trying to maintain.
Secondly, the states where the AFSPA is in place, these areas have extreme topographical conditions with not the smoothest of terrain. In such conditions, the rebel groups have significant aid of not just the natural conditions, but also that of long and fairly porous with neighbours with whom India does not have the best of relations.
These places can act not only as safe havens, but also as training grounds to garner future instability in the region lest there arose a power vacuum in the state.
So, considering all these reasons, I believe that with some context, the AFSPA can be seen as necessary, but painful, act of pulling out a tooth rather than letting it further deteriorate.
