AFSPA

Balkanstudies/ June 1, 2020/ AFSPA/ 0 comments

AFSPA is also known as armed force special powers act. This Act was passed in 1958 by the parliament of India. The Act was passed by the parliament of India, due to special powers that should be granted to Indian armed forces to maintain public order in disturbed areas.

This Act was first passed in 1958 and applied to Naga hills, the part of Assam. Due to Naga’s disturbance in Naga hills, the Indian government declared some powers to the Indian forces, and later the Act was refurbished and named as armed forces special powers act. In 1958 the armed forces act was spread into seven sisters state.

After many years in 1983, AFSPA passed to Punjab and Chandigarh. Roughly after 14 years, AFSPA was enacted in Jammu and Kashmir and is still there. The armed forces’ special powers were promoted during 1942 by the British and were to suppress the quit India movement. AFSPA became the headline to the Indian government.

AFSPA or the article in India’s constitution also declares that if there is a failure of administration or return of security forces and the riots are turning harmful or unstable armed forces act will come to power. Armed forces act to conquer BSF and CRPF.

According to the armed forces act, if there is riot or area proclaimed as disturbing spaces, some powers have introduced the following:

If a person is acting against the law and causing harm to the forces, the army can use firearms on the people person and even cause death firing after giving warnings.

If there is any type destroying or during the army vehicle or hideout shelters the armed forces are allowed to attack the disturbance

If someone is causing any damage or offense, armed forces have a right to arrest them without a warrant.

Armed forces also have the right to stop and search any vehicle they want. Armed forces can search into any house or living space for any crime.

ADVANTAGES

  • AFSPA is useful in areas where police or government officials cannot report in time if the army takes all the authority and power to manage the area.
  • The armed forces act was a big hit in jab fast even if we talked about Chandigarh and Punjab or The naga hill case. Army took under 10,000 people and safeguard at least a hundred houses.
  • Army officials are also authorized to check and survey any vehicle or property without any warrant, which became a great success in capturing terrorists and other disturbers.
  • Under a random check of a truck, AFSPA found flammable and artillery substances.
  • AFSPA saved the lives of hundreds as the Punjab and Chandigarh riot turned out to be dangerous.
  • AFSPA is a way to give a tribute to our soldiers.
  • With the AFSPA, the armed forces can protect fight prone areas for borders.

DISADVANTAGE

  • The major disadvantage of AFSPA is violating the Human rights. There are several communities and high power ministers who are against the AFSPA.
  • There are fake encounters sexually exploiting the women in disturbed areas and rape due to the freedom to touch or search for anyone.
  • Many cases have been mentioned by locals in troubled areas, that the army has taken advantage of the AFSPA.
  • Colonial-Era law = Any suspicious person can be assaulted by AFSPA. In some reported cases, some personal cases show that some people have faced a lot of trouble for some personal grudge.
  • Sometimes a wrong person is killed based on suspicious activity.
  • Sometimes Army officials assault the wrong men and his family, which turns out to be right.