The Armed Forces Special Powers Act 1958 Overview

#GS-2 #Indian Polity & Constitution #Constitution #Internal Security #Northeast #AFSPA #Governance & Social Justice

Context and Current Status

The Union Home Minister stated that the government plans to completely remove the Armed Forces (Special Powers) Act, 1958 (AFSPA) from most of the Northeast by next year.
Around 80% of the Northeast region is already free from AFSPA.
The law remains active only in specific areas of Assam, Manipur, Nagaland, and Arunachal Pradesh following security reviews.

The Armed Forces (Special Powers) Act, 1958 (AFSPA) is a law passed by the Indian Parliament that gives special operational powers to central security forces.
It applies only in areas officially declared as disturbed zones where local police cannot handle internal unrest or insurgencies.

The President issued the Armed Forces (Assam and Manipur) Special Powers Ordinance on 22 May 1958 to tackle rising internal disturbances.
The bill received the Presidential assent on 11 September 1958 after approval by Parliament and became known as Act 28 of 1958.

The law allows security forces to help local administration in disturbed zones.
Its main goals are to stop insurgencies, break militant networks, and bring back normal governance.

Under Section 4(a), security personnel can use lethal force after giving a warning against unlawful groups or armed individuals.
Under Section 4(b), armed forces can destroy militant camps, hideouts, and training sites to reduce insurgent capabilities.
Under Section 4(c), forces can arrest anyone without a warrant if they suspect the person has committed a serious crime.
Under Section 4(d), personnel can enter and search buildings without a court warrant to find weapons or suspects.
Under Section 5, arrested individuals must be handed over to the nearest police station quickly along with a report.
Under Section 6, no legal case can be started against security personnel without prior approval from the Central Government.

The Governor, UT Administrator, or the Central Government can declare a region disturbed if security conditions become dangerous.