What are the provisions of AFSPA?, Pg10

Key Highlights:

• The Union Ministry of Home Affairs (MHA) extended the Armed Forces (Special Powers) Act, 1958 (AFSPA) for six months from October 1, 2026.
• The extension applies to parts of Manipur, Nagaland, and Arunachal Pradesh.
• In Manipur, the entire state, except for 13 police stations in five Valley districts, remains a "disturbed area" under AFSPA.
• The re-imposition in some Manipur areas follows the ethnic conflict that began on May 3, 2023.
• Nagaland sees AFSPA continue in nine districts and areas under 21 police stations in five other districts.
• In Arunachal Pradesh, AFSPA is extended in Tirap, Changlang, Longding districts, and specific police station areas in Namsai district.

Detailed Insights:

• AFSPA was enacted in 1958 to grant special powers to armed forces operating in areas declared "disturbed" due to insurgency or internal security issues.
• Under Section 4 of the Act, security personnel can use force, including lethal force, arrest without warrant, and search premises without warrant.
• The Act also provides legal protection, requiring prior sanction from the Central government for prosecution of personnel.
• Both the Central and State governments have the authority to declare an area as "disturbed" under Section 3.
• Historically, the Manipur government often issued its own "disturbed area" notifications until the recent ethnic violence.
• AFSPA was first applied in the Naga Hills in 1958 and later in Assam to address insurgencies.
• The MHA currently issues periodic "disturbed area" notifications for Manipur, Nagaland, and parts of Arunachal Pradesh.
• AFSPA was removed from Tripura in 2015 and Meghalaya in 2018, reflecting improved security situations.
• Manipur saw a significant rollback of AFSPA from April 1, 2022, to April 1, 2023, in the Valley districts due to an improved security situation.
• The MHA reimposed AFSPA in six police station areas of Manipur on November 14, 2024, a move the Manipur Cabinet sought to reverse.
• In Nagaland, AFSPA continues due to the presence of armed insurgent groups and the unresolved Naga political issue, including negotiations with the National Socialist Council of Nagaland (Isak-Muivah) (NSCN-IM).
• Arunachal Pradesh's application of AFSPA is concentrated in districts affected by insurgent movements and areas bordering Assam.

Key Concepts Involved:

• Armed Forces (Special Powers) Act, 1958 (AFSPA): A parliamentary act granting special powers to the Indian Armed Forces in "disturbed areas."
• Disturbed Area: An area declared by the Central or State government where AFSPA can be enforced due to insurgency or severe law and order issues.
• National Socialist Council of Nagaland (Isak-Muivah) (NSCN-IM): A prominent Naga insurgent group involved in peace negotiations with the Indian government.