Background:
• The Armed Forces (Special Powers) Act,1958 (AFSPA), like many other controversial Indian laws, has its origins in the colonial era.
• It was actually enacted in 1942 as an ordinance to crush the 'Quit India movement’.
• After Independence it was promulgated as an ordinance in June 1958 by the then President of India Dr. Rajendra Prasad in the wake violence and insurgency in Manipur and Assam .
“Special Powers” Provided by the Act:
1) The power to fire upon or use force to the extent of causing death, if a suspect seems to be carrying arms or is caught in any suspicious activity, in order to maintain peace.
2) The power to destroy any construction which might be used by insurgents for armed attacks, manufacture of weapons, training or hideout if it seems fit to the officer-in-charge.
3) The power to arrest anyone without a warrant who might have committed, is suspected of committing or might be planning on committing a cognizable offence.
4) The power to enter and search premises without a warrant and also seize it, if any unlawful act such as the possession of illegal arms or any stolen property is reported.
Why in the news?
People in the North East have wanted this act to be revoked now for decades as there have been several cases of this law being used to violate human rights. In 2021, 14 labourers were killed by the armed forces in Nagaland on suspicion of being insurgents.
Though it is easy to declare AFSPA problematic and unnecessary from the comfort of our homes, such acts are somewhat necessary for the protection of the troops who are in the line of fire at all times. Thus, this act is said to be a boon for the safety of our troops, especially in sensitive regions such as the North-East.
There have been frequent debates regarding the status of this act both in the media and the parliament, but a conclusion is yet to be reached.
Is this act really that important or is it just providing the armed forces excessive power?
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