Context: Army seeks inclusion of additional areas in Manipur under AFSPA

Source: The Hindu

In response to ethnic violence in the State that erupted on May 3, 2023, the Army requested that the Armed Forces (Special) Powers Act be expanded to include additional police station limits in Manipur Valley districts. On November 14, 2024, the AFSPA was reinstated in the jurisdiction of six out of 19 police stations in seven districts of Manipur, primarily in the Valley.

For operational effectiveness, the Army suggested bringing 12 valley district police station limits under the AFSPA. Phased re-implementation of the AFSPA was proposed. As security improved, the AFSPA was removed from the boundaries of all valley police stations from April 1, 2022, to April 1, 2023. The last extension of the “disturbed area” notification for Manipur’s hill districts was issued on September 26, 2024.

The AFSPA’s coverage of Assam, Nagaland, Arunachal Pradesh, and Manipur was examined by the Ministry. The 1958 law authorizes the Army and the Central Armed Police Forces stationed in “disturbed areas” the authority to execute anyone breaking the law, make an arrest, search a location without a warrant, and provide protection from prosecution and lawsuits without the approval of the Union administration.

Model Question:

Critically analyze the provisions of the Armed Forces (Special Powers) Act (AFSPA) and its implications on human rights. Do you think reforms are necessary in the Act? Justify your views. (250 words)

Model Answer

The Armed Forces (Special Powers) Act (AFSPA) was enacted in 1958 to address insurgency in disturbed areas. It grants special powers to the armed forces to maintain public order. While it has played a role in national security, concerns regarding human rights violations have triggered debates over its necessity and implementation.

Key Provisions of AFSPA

1. Section 3: The Act empowers the Central or State government to declare an area as ‘disturbed.’
2. Section 4: Provides armed forces personnel with the authority to arrest without a warrant, use force, or open fire in specific circumstances.
3. Section 6: Grants immunity from legal proceedings without prior Central government sanction.

Implications on Human Rights

1. Excessive Use of Force: Allegations of extrajudicial killings and custodial violence.
2. Lack of Accountability: Legal immunity often results in lack of judicial scrutiny.
3. Psychological Impact: Prolonged militarization affects civilian life and trust in governance.
4. Judicial Observations: The Supreme Court in the Extra Judicial Execution Victim Families Association (EEVFAM) case emphasized the importance of accountability in conflict zones.

Need for Reforms

1. Periodic Review: Establishing an independent review mechanism for the ‘disturbed area’ status.
2. Accountability Measures: Ensuring impartial investigations into human rights violations.
3. Community Engagement: Promoting developmental approaches alongside security measures.
4. Role of Judiciary: Strengthening judicial oversight to balance security and civil liberties.

While AFSPA is intended to safeguard national security, a comprehensive reassessment and reform are essential to address human rights concerns. Balancing security needs with democratic values will strengthen public trust and foster long-term peace in affected regions.