Page 33 - LECTURETTE TOPICS eBOOK

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AFSPA grants some special powers to the Indian armed forces to maintain law and
order in disturbed areas. Some of the powers that an armed officer is granted are:

The officer can fire upon or use other kind of force even if it causes death, after giving
due warning to the person who is acting against law and order.

Destruction of any hide-outs or shelters prepared by armed volunteers or absconders
wanted for any offence.

Arrest without a warrant anyone who has committed cognizable crime or is
suspected of doing so. Force may be used if necessary.

Enter and search any premise if suspected of hiding such person or weapons.

Stop and search any vehicle if suspicious.

The officer has legal immunity for their actions. No prosecution, suit or legal
proceeding can be made against an officer under this law. The decision of the govt.
for declaring an area disturbed can also not be judicially reviewed

The immunity of the armed officers was ended by the Supreme Court. The act has
faced huge criticism from human rights groups as it grants huge powers to officers
in the conflict ridden areas. The act was originally enacted as an ordinance in 1958
to control the insurgency caused but Naga militants. After the reorganization North
eastern states and the creation of new states AFSPA was amended so that it could
be applied to other neighboring states.

Quick Facts:

• AFSPA came into effect in 1958 in the North eastern states due to the Naga
militants insurgency.
• It has been in effect since and as of now is in force in the states of Assam,
Nagaland, Manipur excluding Imphal municipal council area, Meghalaya,
Mizoram, and Changlang, Longding, and Tirap district of ArunachalPradesh.
• The Tripura govt lifted the act in 2015.

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