Power to declare situation of national interest in relation to special service. The act was passed in the parliament on 11 th september, 1978, but has faced severe criticism from many sources, with regard to human rights violations having taken place in the areas where the law. Apr 23, 2018 the armed forces special powers act, 1958 is effective in whole of nagaland, assam, manipur excluding seven assembly constituencies of imphal and parts of arunachal pradesh. Apr 23, 2018 the act came into force in the context of increasing violence in the northeastern states decades ago, which the state governments found difficult to control. Afspa was enacted by parliament on september 11, 1958. It may be invoked in places where the use of armed forces in aid of civil power is necessary. Armed forces special powers act afspa, 1958 is an act of the parliament of india that grant special powers to the indian armed forces the power to maintain public order in disturbed areas. The supreme court said on friday that the indian army or paramilitary forces cannot use excessive or retaliatory force even in areas under the. The objective to implement the afspa act is to maintain law and order in the disturbed areas. The armed forces special powers act hereinafter the act or afsp act has been in force in several parts of india, including the state of manipur in the northeast of the country, for more than fifty years. A disturbed area is defined as one that is declared so by a notification under section 3 of the afspa. The armed forces special powers act afspa was passed on september 11, 1958 to help the army in tackling the disturbed areas of the northeast india.
Oct 19, 2011 there is broad recognition in india that the armed forces special powers act should be repealed because it has led to so many abuses, said brad adams, asia director at human rights watch. Armed forces special powers act afspa upsc exam preparation. It conferred special powers upon the armed forces in the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, tripura and nagaland. The armed forces special powers act afspa, was passed on september 11, 1958, by the parliament of india. Here are 10 things to know about controversial legislation. The armed forces special powers act afspa is an act empowering armed forces to deal effectively in dis slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. The armed forces special powers act, 1958 gives armed forces the power to maintain public order in disturbed areas they have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving a due warning if they feel a person is in contravention of the law. What is armed forces special powers act, and where is it. The act came into force in the context of increasing violence in the northeastern states decades ago, which the state governments found difficult to control. In september 1990 the armed forces special powers act was enacted in jammu and kashmir after passing in the parliament of india to handle the rise in kashmir insurgency. Afspa revoked in meghalaya, parts of arunachal the hindu. This is primarily to cater for the security and territorial integrity of the country. The present act was enacted by the parliament in 1958 and it was known initially as armed forces assam and manipur special powers act, 1958.
Home actsofparliamentfromtheyear the armed forces jammu and kashmir special powers act, 1990 the armed forces jammu and kashmir special powers act, 1990 language english. Armed forces special powers act, 1958, kashmir, ne and. The armed forces special powers act, 1958 in manipur and. Nov 16, 2011 the armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate. Pallavi bedi of prs legislative research, new delhi explains some of the key provisions of the act. The armed forces jammu and kashmir special powers act, 1990. The armed forces jammu and kashmir special powers act, 1990 no. Armed forces special powers act, 1958, kashmir, ne and afspa. Armed forces jammu and kashmir special powers act, 1990. Review of the afspa an analysis of the draconian armed forces special powers act, 1958 introduction. Attachment of members of other armed forces to new zealand armed forces.
The armed forces special powers act, when it was first promulgated was confined to certain disturbed areas in the hills of northeast india. Armed forces jammu and kashmir special powers act, 1990 no. Later, the act was extended to punjab and chandigarh via armed forcespunjab and chandigarh special powers act in 1983. This is because in these regions where afspa operates, the armed forces are alleged to have committed one of the. Mutual powers of command when forces acting together. Armed forces special powers act afspa is a draconian legislation of the government of india promulgated in the disturbed areas of indias northeast since 1958 and. The armed forces special powers act continues to be used by the indian government in insurgency ridden areas, gaining wide traction in the debate on conflict and its resolution.
Mar 30, 2015 what is the armed forces special powers act. In september 1990, parliament passed the armed forces jammu and kashmir special powers act, which was deemed to have come into force retrospectively from july 5, 1990. The laws provide sweeping powers to soldiers, including the. The commission is granted under the presidents powers in article ii, section 2, of the constitution.
Amnesty international india urges the government of india to repeal the armed forces special powers acts, 1958 and 1990. It was first implemented in the northeast, and then in punjab. Chapter 6 armed forces special power act and human rights introduction in the armed forces, a soldier after completing his basic training at the regimental centre or equivalent takes an oath of allegiance to the constitution of india. Aug 06, 2019 the armed forces special powers act, when it was first promulgated was confined to certain disturbed areas in the hills of northeast india. K since the 1990s merits spatial and contextual analysis. Human rights group amnesty claim that the special powers under afspa gives the security force immunity from alleged violations. The armed forces jammu and kashmir special powers act. Afspa has been in force in the northeast and jammu and kashmir, and the draconian law has been the reason of wide protests.
Aug 22, 2014 in a nutshell it empowers our armed forces, in a disturbed area thus declared, to open fire after due warnings on those, indulged in acts of sabotage and violence, to arrest without warrant any such suspect and hand over him to the nearest police. The present act was enacted by the parliament in 1958 and. Human rights watch urges the government of india to repeal the armed forces special powers act 1958 and the armed forces jammu and kashmir special powers act 1990. It is not necessary for us to notice the provisions of this act for the reason that it was a temporary statute enacted for a period of one year, though it continued till it was repealed by act 36 of 1957. Later, the act was extended to punjab and chandigarh via armed forces punjab and chandigarh special powers act in 1983. This is because in these regions where afspa operates, the armed forces are alleged to have committed one of the worlds leastknown abuses of. Ambiguity shrouds the status of the afspa even as several regional parties, including separatists, debate the pros and cons of the law and up the ante against the government which time and again has refused to repeal it. Armed forces special powers act linkedin slideshare.
Human rights abuses in jammu and kashmir wikipedia. The armed forces special powers bill was passed by both the houses of parliament and it was approved by the president on september 11, 1958. Armed forces special powers act, 1948 being act 3 of 1948. Defence act 1990 no 28 as at 01 september 2017, public. According to the disturbed areas special courts act, 1976 once declared disturbed, the area has to maintain status quo for a minimum of 3 months.
All about afspa armed forces special powers act, 1958. The afspa was enacted in 1958, as a short term measure, vouchsafing special powers upon members of the armed forces in disturbed areas in the then state of assam and union territory. Armed forces special powers act, 1958 military wiki. Armed forces special powers act afspa is a draconian legislation of the government of india promulgated in the disturbed areas of indias northeast since 1958 and in jammu and kashmir. It is a law with just six sections granting special powers to the armed forces in what the act terms as disturbed areas. Pdf sexual violence in conflict and indias armed forces. Twenty five years after the armed forces special powers act afspa was implemented in jammu and kashmir, the law still remains a bone of contention in the militancyhit state. Office of the united nations high commissioner for human. The supreme court said on friday that the indian army or paramilitary forces cannot use excessive or retaliatory force even in areas under the controversial armed forces special powers act.
Afspa has been in force in the northeast and jammu and kashmir, and the draconian law. Ambiguity shrouds the status of the afspa even as several regional parties, including separatists, debate the pros and cons of the law and up the ante against the government which. Defence act 1990 no 28 as at 01 september 2017, public act. Armed forces special powers act afspa is a parliamentary act that grant special powers to the indian armed forces and the state and paramilitary forces in areas classified as disturbed areas. The centre enacted the armed forces punjab and chandigarh special powers act on 6 october 1983, repealing the armed forces punjab and chandigarh special powers ordinance, 1983, to enable the central armed forces to operate in the state of punjab and the union territory of chandigarh. The indian army is refusing to play ball with human rights activists amidst rising clamour to dilute or altogether scarp the contentious armed forces. Jan 12, 2016 gradually, the scope of the act was extended to all seven states of north east. The armed forces national defense university press.
Living with armed forces special powers act afspa as. In a nutshell it empowers our armed forces, in a disturbed area thus declared, to open fire after due warnings on those, indulged in acts of sabotage and violence, to arrest without warrant any such suspect and hand over him to the nearest police. Forces special powers act supreme court of india on armed forces special powers act, 1958, writ petition c nos. The armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate. The armed forces special powers act, 1958 is effective in whole of nagaland, assam, manipur excluding seven assembly constituencies of. What is armed forces special powers act, and where is it in. Afspa stands for armed forces special powers act, a law which grants special powers to the armed forces of india to act in the disturbed areas of the country. Gradually, the scope of the act was extended to all seven states of north east. Understanding the armed forces special powers act afspa. Jul 09, 2015 twenty five years after the armed forces special powers act afspa was implemented in jammu and kashmir, the law still remains a bone of contention in the militancyhit state.
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