AFSPA ( UPSC Prelims)

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News Context

 ● AFSPA Extension: The Armed Forces (Special Powers) Act has been prolonged for an additional six months.  
  ● Regions Affected: This extension applies to specific regions within Manipur, Nagaland, and Arunachal Pradesh.  
  ● Purpose: The measure aims to tackle insurgency and uphold order in the face of ethnic violence.  

About AFSPA, 1958

 ● Special Law: Provides the military with extraordinary powers to maintain law and order.  
  ● Objective: To authorize the armed forces to function in “disturbed areas” where public order is severely compromised.  
  ● Current Implementation: AFSPA is active in regions of Nagaland, Assam, Manipur, and Arunachal Pradesh.  
        ○ It was revoked in Tripura in 2015, Meghalaya in 2018, and Mizoram in the 1980s.
  ● Jammu and Kashmir: The law is also enforced through the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.  

Key Provisions of the Act

 ● Declaration of Disturbed Area (Section 3): The Governor, Administrator, or Central Government has the authority to designate a part or the entire state/UT as "disturbed" if they determine that the situation necessitates the involvement of armed forces to support civil authorities.  
  ● Special Powers of the Armed Forces (Section 4): Provides special powers to armed forces personnel in "disturbed" areas:  
        ○ Use of force, including lethal force, against individuals breaking the law.
    ● Arrest and enter/search premises without a warrant based on suspicion.  
        ○ Ban gatherings of five or more persons.
    ● Destroy any arms depot, fortified position, or training camp for armed volunteers.  
  ● Immunity to Armed Forces Personnel (Section 6): Offers protection from prosecution and legal actions for activities conducted under AFSPA without the need for the Central government's approval.  
  ● Treatment of Arrested Person: Armed forces must transfer the arrested individual to the nearest police station with the least possible delay.  

Justice Jeevan Reddy Committee about AFSPA

 ● Repeal of the Armed Forces (Special Powers) Act (AFSPA).  
  ● Amend the Unlawful Activities (Prevention) Act, 1967 (UAPA) to incorporate AFSPA provisions specifically for the Northeast states.