What is armed forces special powers act, and where is it in. 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. Armed forces special powers act afspa full analysis youtube. The act was preceded by an ordinance called armed forces assam and manipur special powers ordinance, 1958 promulgated by the president of india. Here are 10 things to know about controversial legislation. 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. 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. 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 afspa, 1958 invested extraordinary powers on the indian army, even authorizing under section 4a a noncommissioned officer to shoot to kill any suspect. The act under section 6, also shielded the armed forces from prosecution by civil courts and thus enjoys.
Army special forces command airborne on november 27, 1990. 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. 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. 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. Armed forces special powers act, 1948 being act 3 of 1948. 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.
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. 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. Conferment of power on noncommissioned officers like a havaldar cannot be said to be bad and unjustified. 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. Afspa has been in force in the northeast and jammu and kashmir, and the draconian law. Why the armed forces special powers act is not leaving. More than anything else, it has facilitated violations of human rights on account of several of its draconian provisions. It conferred special powers upon the armed forces in disturbed areas in the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland, and tripura. Nov 05, 2011 the armed forces special powers act was enacted by parliament on september 11, 1958. It came on the statute book as the armed forces special powers act, 1958 28 of 1958. India briefing on the armed forces special powers amnesty. 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 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. The armed forces special powers act afspa has become one of the most controversial laws, both in india and the world. In this act, unless the context otherwise requires. Be it enacted by parliament in the fortyfirst year of the republic of india as follows. An act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the state of. Here is what you need to know about the act that has seen a lot of controversy. 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. 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. 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. Pallavi bedi of prs legislative research, new delhi explains some of the key provisions of the act, and the issues around it.
Armed forces act nigerian law intellectual property watch inc. 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. 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. Armed forces special powers act afspa full analysis. 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. 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. The armed forces special powers act afspa, was passed on september 11, 1958, by the parliament of india. 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. The battle against the armed forces special powers act is a long, bitter one. 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. This is primarily to cater for the security and territorial integrity of the country.
The armed forces special powers act was enacted by parliament on september 11, 1958. Armed forces special powers act 1958 exposing afspa. What is armed forces special powers act, and where is it in force. 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. Mar 08, 2014 the battle against the armed forces special powers act is a long, bitter one. Armed forces act nigerian law intellectual property. The act under section 6, also shielded the armed forces from prosecution by. 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. 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. 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. 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.
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. The armed forces special power act, 1958 ministry of. Jan 29, 2017 armed forces special powers act afspa full analysis. 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 1958 how is armed forces special powers act 1958 abbreviated. Afspa has been in force in the northeast and jammu and kashmir, and the draconian law has been the reason of wide protests. Understanding the armed forces special powers act afspa. Armed forces special powers act human rights watch.
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 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. 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. 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. Any commissioned officer, warrant officer, noncommissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area. Indias controversial armed forces special powers act the. The state of arunachal pradesh act, 1986 69 of 1986. Here are 10 things to know about controversial legislation afspa. Forces and to bestow legal protection upon them, the indian govt. Armed forces special powers act, 1958afspa current. The armed forces special powers act, 1958 in manipur and. Army 1st special operations command was redesignated the u.
Apr 23, 2018 the centre has announced that it revoked the armed forces special powers act afspa from meghalaya from april 1. 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. 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. 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. Armed forces jammu and kashmir special powers act, 1990. Here is what you need to know about the act that has seen a lot of controversy surrounding it. 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. 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. The supreme court said on friday that the indian army or paramilitary forces cannot use excessive or retaliatory force even in areas under the. Why the armed forces special powers act is not leaving kashmir anytime soon the civilian leadership ceded ground to the army long ago. The armed forces assam and manipur special powers amendment. The armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate.
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. It became known as the armed forces special powers. Armed forces special powers act challenge to democracy. All about afspa armed forces special powers act, 1958. 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.
The centre has announced that it revoked the armed forces special powers act afspa from meghalaya from april 1. Assam police for continuation of armed forces special powers act 24 dec, 2018, 03. Tripura removes controversial armed forces special powers act. On the basis of the practical implication of the act, the modus operandi of its repressive. What is armed forces special powers act, and where is it. Latest current affairs and news current affairs today.
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. Armed forces special powers act institute for defence. 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. Repeal armed forces special powers act human rights. Section 4 in the armed forces special powers act, 1958. Armed forces special powers act in j and k and north. 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. Manipur and armed forces special power act 1958 manohar. 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. Indias controversial armed forces special powers act. The armed forces special powers act, 1958 act 28 of 1958. The armed forces special powers extension to union territory of tripura act, 1970. Armed forces jammu and kashmir special powers act, 1990 no. Military special power of attorney in word and pdf formats.
744 181 105 1433 1152 1290 1307 248 1339 62 127 667 43 421 884 1511 263 55 407 430 1199 750 1604 29 259 13 421 342 300 490 723 240 49 1040 543 1021 1332