- The Armed Forces Special Powers Act (AFSPA) of 1958 is an act of the Indian Parliament that has granted the Indian Military Forces special authority to uphold public order in unrest-prone areas. The Disturbed Areas Act of 1976 mandates that after an area is designated as disturbed, it must remain that way for at least three months. The AFSPA concurs unfettered powers to the armed forces and the Central armed police forces deployed in disturbed areas to kill anyone acting in contravention of law and arrest and search any premises without a warrant and with protection from prosecution and legal suits. The Insurgency Control Act, which was mostly focused on the Northeast, was created specifically to put an end to illegal activities like an insurgency.
PC: freepik
- Now, We are all aware of how the Northeastern region once served as a breeding ground for an insurgency, and the AFSPA did serve as a deterrent to not only stop the insurgents from wreaking havoc in the region but also to bring about some semblance of governance where the safety of the populace was of the utmost importance. However, there have been isolated instances of the Act being violated by members of the military services, which have sparked protests and strident calls to have the Act repealed. The compulsions of taming the insurgency-related activities appear to be on the wane ever since the NDA-led BJP government assumed power at the Centre. The tremendous emphasis laid by the central government to guide the northeastern states into the mainstream has started bearing visible fruits on the ground.
- The all-around developments signify a lot of opportunities vis-à-vis employment generation, ideal ground for businesses and entrepreneurs, setting up modern manufacturing facilities, improved law and order scenario, and of course, a general sense of well-being. Given the above, it’s quite common for the stakeholders to demand the repeal of the AFSPA in totality. Recall how the commando unit had opened fire and killed six coal miners in a botched counter-insurgency operation in Oting. Another seven civilians were shot in subsequent clashes with security forces. As such, the defense ministry refusing sanction for the investigation into 30 army commandos allegedly responsible for the Oting massacre in Nagaland in December 2021 has raised concerns.
PC: freepik
- This episode amply illustrated why people consider the AFSPA to be a strict rule giving security officials great discretion. Meanwhile, security troops are not exactly having a good time in the northeast, which is dealing with an insurrection. They are compelled to operate in hazardous, frequently hostile environments. Yet when serious mistakes are made, there shouldn’t be any room for impunity. This feeling of injustice fosters animosity towards the GOI and gives the insurgency fuel. As a result, the repeal of AFSPA will immediately contribute to normalization in the northeast. For its part, the government is gradually eliminating northeastern districts and regions from the scope of AFSPA. In conclusion, the Centre should use all available means to remove the harsh act immediately from the Northeastern states.
