The armed forces special powers act, 1958 afspa a law operative in disturbed areas, including large parts of the northeast region of india and jammu. 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. 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. What is armed forces special powers act, and where is it in.
Armed forces special powers act human rights watch. Armed forces special powers act afspa full analysis. The battle against the armed forces special powers act is a long, bitter one. The act under section 6, also shielded the armed forces from prosecution by civil courts and thus enjoys. Jul 30, 2016 why the armed forces special powers act is not leaving kashmir anytime soon the civilian leadership ceded ground to the army long ago. Understanding the armed forces special powers act afspa. Military special power of attorney in word and pdf formats. If, in relation to any state or union territory to which this act extends, the governor of that state or the administrator of that union territory or the central government, in either case, if of the opinion that the whole or any part of such state or union territory, as the case may be, is in such a disturbed or dangerous condition that. The act under section 6, also shielded the armed forces from prosecution by. This act came into force in context of increasing violence in northeastern states of india decades ago, which state governments found difficult to control. Armed forces special powers act afspa full analysis youtube. 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. There is broad recognition in india that the armed forces special powers act should be repealed because it has led to so many abuses, said brad adams, asia director at human rights watch.
Here are 10 things to know about controversial legislation afspa. The act was passed in the parliament on 11th 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. An initiative of shivnandani industries pvt ltd and jagdamb janaki nawal janaki society armed forces special power act compiledbycol mukteshwar prasadretd, mtech,cei,fiei,fiete,fisle,finstod,amcsi contact 9007224278, email. 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. Tripura removes controversial armed forces special powers act. The armed forces special powers extension to union territory of tripura act, 1970. Section 4 in the armed forces special powers act, 1958. Here is what you need to know about the act that has seen a lot of controversy surrounding it. The armed forces special powers act afspa, was passed on september 11, 1958, by the parliament of india. Be it enacted by parliament in the fortyfirst year of the republic of india as follows. Conferment of power on noncommissioned officers like a havaldar cannot be said to be bad and unjustified. Armed forces special powers act 1958 exposing afspa. Why the armed forces special powers act is not leaving. Jan 29, 2017 armed forces special powers act afspa full analysis.
The armed forces special powers act, 1958 act 28 of 1958, 11th september, 1958 an act to enable certain specialpowers to be conferred upon members of the armed forces in disturbed areas in the state of1arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura. Army special forces command airborne on november 27, 1990. Armed forces special powers act, 1958afspa current. The afspa, 1958 invested extraordinary powers on the indian army, even authorizing under section 4a a noncommissioned officer to shoot to kill any suspect. Manipur and armed forces special power act 1958 manohar. 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. Armed forces special powers act 1958 how is armed forces special powers act 1958 abbreviated. It conferred special powers upon the armed forces in disturbed areas in the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland, and tripura. 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. The act was preceded by an ordinance called armed forces assam and manipur special powers ordinance, 1958 promulgated by the president of india. In this act, unless the context otherwise requires. The armed forces special power act, 1958 ministry of.
What is armed forces special powers act, and where is it in force. The armed forces special powers act, 1958 act 28 of 1958, 11th september, 1958 an act to enable certain specialpowers to be conferred upon members of the armed forces in disturbed areas in the state of1arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and. Why the armed forces special powers act is not leaving kashmir anytime soon the civilian leadership ceded ground to the army long ago. Violent clashes that took place in wake of burhan wanis encounter which claimed 23 lives and the supreme court taking cognizance of 1528 cases of alleged fake encounters involving army and police has once again triggered the debate whether armed forces special power act afspa implemented in various troubled zones in india is of any help or not. What is armed forces special powers act, and where is it. The state of arunachal pradesh act, 1986 69 of 1986. Mar 08, 2014 the battle against the armed forces special powers act is a long, bitter one. Indias controversial armed forces special powers act the. The armed forces assam and manipur special powers amendment. 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.
Armed forces special powers act in j and k and north. It came on the statute book as the armed forces special powers act, 1958 28 of 1958. Forces and to bestow legal protection upon them, the indian govt. Armed forces act nigerian law intellectual property watch inc. Armed forces jammu and kashmir special powers act, 1990 no. Armed forces special powers act 1958 how is armed forces. Any commissioned officer, warrant officer, noncommissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area.
On august 15, 1942, lord linlithgow, the viceroy of india, promulgated the armed forces special powers ordinance to suppress the quit india movement launched by mahatama gandhi a week earlier. Pallavi bedi of prs legislative research, new delhi explains some of the key provisions of the act, and the issues around it. All about afspa armed forces special powers act, 1958. Much is being written and said about the socalled draconian nature of the act, insofar, that it gives sweeping powers to the indian army in dealing with civilians. The mission of usasfc is to train, resource, equip, validate and prepare special forces sf units to deploy and execute operational missions for the u. More than anything else, it has facilitated violations of human rights on account of several of its draconian provisions. Jul 12, 2016 violent clashes that took place in wake of burhan wanis encounter which claimed 23 lives and the supreme court taking cognizance of 1528 cases of alleged fake encounters involving army and police has once again triggered the debate whether armed forces special power act afspa implemented in various troubled zones in india is of any help or not. Afspa has been in force in the northeast and jammu and kashmir, and the draconian law has been the reason of wide protests. 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. The armed forces special powers act was enacted by parliament on september 11, 1958. Latest current affairs and news current affairs today. It conferred special powers upon armed forces in what the act calls disturbed areas in the north east states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura. The army and the paramilitary forces operating in the state have an onerous responsibility to thwart all evil designs of the enemy and meet the aspiration of.
An act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the state of jammu and kashmir. Nov 05, 2011 the armed forces special powers act was enacted by parliament on september 11, 1958. The supreme court said on friday that the indian army or paramilitary forces cannot use excessive or retaliatory force even in areas under the. 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. On the basis of the practical implication of the act, the modus operandi of its repressive. On august 15, 1942, lord linlithgow, the viceroy of india, promulgated the armed forces special powers ordinance to suppress the quit india movement launched by. Armed forces special powers act, 1948 being act 3 of 1948. May 28, 2015 the tripura government on wednesday decided to lift the armed forces special power act or afspa from the state, where the controversial law was in effect for the last 18 years to curb insurgency. 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. Act 28 of 1958 the armed forces special powers bill was passed by both the houses of parliament and it received the assent of the president on 11th september, 1958. 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.
Recent events in indias restive northeast have turned the spotlight yet again on the armed forces special powers act afspa, a controversial piece of legislation that confers vast powers on. A few ngos and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to arrest without warrant, destroy property and shoot to kill, besides providing them with complete immunity. Armed forces jammu and kashmir special powers act, 1990. The armed forces special powers act 1958 that was enacted, imposed, and justified by the indian supreme court stands out as the most glaring evidence of war dimension of the indian state. Dec 11, 2011 the armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate. India briefing on the armed forces special powers amnesty.
Apr 23, 2018 the centre has announced that it revoked the armed forces special powers act afspa from meghalaya from april 1. Here is what you need to know about the act that has seen a lot of controversy. An act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the state of. 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 tripura government on wednesday decided to lift the armed forces special power act or afspa from the state, where the controversial law was in effect for the last 18 years to curb insurgency. On passing of armed forces special powers bill by both houses of parliament and approved by president on 11 september 1958 it became known as armed forces special powers act afspa, 1958. 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 afspa has become one of the most controversial laws, both in india and the world. Armed forces act nigerian law intellectual property. Afspa has been in force in the northeast and jammu and kashmir, and the draconian law. Duration of armed forces act 2006 1 duration of armed forces act 2006 for section 382 of afa 2006 duration of armed forces legisla tion substitute 382 duration of this act 1 this act expires at the end of one year beginning with the day on which the armed forces act 2011 is passed but this is subject to subsection 2. It became known as the armed forces special powers. This is primarily to cater for the security and territorial integrity of the country.
In this domain, a campaign against the imposition of the armed forces special powers act afspa has traditionally held primacy and continues to do so. The power under the section 4a of afsp act3 has hurt the citizens of manipur the most as they feel that the act confers the armed forces with broadly defined powers to shoot to kill and that this is a law, which fosters a climate in which the agents of law enforcement are able to use excessive force with impunity. Here are 10 things to know about controversial legislation. Army 1st special operations command was redesignated the u. Assam police for continuation of armed forces special powers act 24 dec, 2018, 03. The armed forces special powers act, 1958 in manipur and. The armed forces special powers bill was passed by both the houses of parliament and it received the assent of the president on 11th september, 1958. Repeal armed forces special powers act human rights. Armed forces special powers act challenge to democracy. The armed forces special powers act, 1958 act 28 of 1958.
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. 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. The centre has announced that it revoked the armed forces special powers act afspa from meghalaya from april 1. Armed forces special powers act institute for defence. Indias controversial armed forces special powers act.
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