AFSPA Current Affairs

Assam for first time extends AFSPA orders on its own

Assam Government has extended term of Armed Forces (Special Powers) Act (AFSPA), 1958 and declared entire state a Disturbed Area for six more months under Section 3 of AFSP Act. This is for first time state government has extended AFSPA and Disturbed Area provision on its own. In the past, AFSPA provisions in state were always extended by the Centre.

Why it was extended?

The law and order situation in Assam continues to be matter of concern due to violent incidents carried out by the underground groups, as many as 16 incidents involving these groups were reported between May and July 2017. These incidents had resulted in deaths of civilians, security personnel and militants.

Background

Assam has remained “disturbed area” under provisions of AFSPA for nearly 27 years, after it was invoked by Centre for first time in November 1990, after ethnic insurgencies broke out in end of 1980s and following incidents of violence by ULFA (United Liberation Front of Asom).

Armed Forces (Special Powers) Act (AFSPA)

The AFSPA was enacted in 1958 to bring ‘disturbed’ areas declared under it under control. It empowers both state and central government to declare areas as ‘disturbed’ due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.

Declaration of Disturbed area: The section (3) of the Act empowers governor of State/UT to issue an official notification in Gazette of India, following which Centre has authority to send in armed forces for civilian aid. Once declared ‘disturbed’, the region has to maintain status quo for a minimum of three months.

Special powers to armed forces: The Act gives special powers to army and state and central police forces to shoot to kill, search houses and destroy any property used by insurgents in disturbed areas. It also provides army personnel with safeguards against malicious, vindictive and frivolous prosecution.

Note: At present, the AFSA has been enforced in 6 states viz. Assam, Nagaland, Arunachal Pradesh (only the Tirap, Changlang and Longding districts plus 20-km belt bordering Assam), Manipur (except Imphal municipal area), Meghalaya (confined to  20-km belt bordering Assam) and Jammu and Kashmir.

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Entire Assam declared as ‘disturbed’ area under AFSPA for another month

The Union Home Ministry has declared entire Assam state as a disturbed area under the Armed Forces (Special Powers) Act for one more month, citing various violent activities by insurgent groups ULFA, NDFB, and others.

The Home Ministry also declared 20 km belt along Meghalaya’s border areas adjoining Assam and three districts in Arunachal Pradesh (Tirap, Changlang and Longding) as disturbed under the AFSPA for two more months.

Background

AFSPA has been continuing in Assam since November 1990. In 2016, there were 75 incidents of violence reported in Assam in which 33 people, including four security personnel, were killed and 14 others were abducted. The violence was perpetrated in Assam by insurgent groups like ULFA, NDFB and others. Similarly, continuing violence perpetrated by NSCN(K), NSCN(IM), ULFA, NDFB, and others were key reasons for continuing with AFSPA in Arunachal Pradesh. Meghalaya too has witnessed violence by ULFA, NDFB militants in the recent past.

About Armed Forces (Special Powers) Act

The AFSPA was enacted by the parliament in 1958. It grants extra-ordinary powers and immunity to the armed forces to bring back order in the disturbed areas. Some of these extra-ordinary powers include fire upon anyone after giving warning who is acting against law & order in the disturbed area, arrest anyone without warrant, stop and search any vehicle or vessel, legal immunity to armed forces personnel for their actions.

Note: Presently AFSPA is enforced in the 6 states of North East (Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram and Nagaland) and Jammu and Kashmir. It was lifted in Tripura in May 2015.

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