Page 34 - LECTURETTE TOPICS eBOOK

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• Another act was passed in 1983 and was applicable
to Punjab and Chandigarh . It was withdrawn in 1997, roughly 14 years after
it came to force.

• An act was passed in 1990 and was applied to Jammu and Kashmir and has
been in force since.
• On July 8 2016 the Supreme Court ended the immunity of the armed forces
officers.
• AFSPA has faced huge criticismfrom the UN and non-govt organizations
stating it as the violation of human rights. On March 31 2012 UN asked India
to evoke the act saying that such act had no place in the Indian democracy
and it was in violation of the international law. The UN commissioner of the
Human rights, in the year 2009 described it as “dated and colonial-era law
that breach contemporary international human rights standards”.
• Many reports have pointed out multiple occurrences of violence by the armed
forces against the civilians. There have been instances and reports of
disappearances by the police or army in Kashmir and the human rights groups
have condemned the abuses calling them “extra judicial executions “and
“torture”.

Conclusion: AFSPA was formed in order to maintain law and order in the areas
that are conflict ridden and disturbed. There has huge criticism of this act and yet
some are of the view that this act is necessary in order to maintain and protect
the law and order in the country. There have been instances where it is said that
the armed forces have misused their powers. In a landmark ruling Supreme Court
ended the immunity of the armed officers stating “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.”

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