Subject: Internal Security

The Armed Forces Special Powers Act (AFSPA) has been a subject of intense debate between security imperatives and human rights concerns, particularly in regions like Northeast India and Jammu & Kashmir.

Contentious Sections of AFSPA

• Section 4(a) - The power to 'shoot to kill' based on mere suspicion is criticized for violating the fundamental right to life under Article 21.
• Section 6 - Provides immunity from prosecution to armed forces personnel without prior sanction from the Central Government.
• Section 3 - Gives power to declare areas as 'disturbed' without clear parameters for such designation.
• Section 4(c) - Allows arrest without warrant and use of force, potentially leading to arbitrary detentions.

Supreme Court's Perspective

• In the landmark case of Naga People's Movement of Human Rights v. Union of India (1997), the court:

  • Upheld AFSPA's constitutional validity.
  • Established strict operational guidelines to prevent misuse.
  • Mandated quarterly review of 'disturbed area' status.

• The 2016 Supreme Court ruling established that:

  • Excessive force is unlawful even under AFSPA.
  • Mandatory investigation into alleged human rights violations.
  • Required proper documentation of all operations.

Critical Evaluation

Need for AFSPA

• Essential for counter-insurgency operations in sensitive areas.
• Provides legal framework for armed forces in internal security duties.
• Helps maintain territorial integrity in border regions.

Concerns

• Leads to human rights violations and extra-judicial killings.
• Creates atmosphere of impunity and lack of accountability.
• Affects civil-military relations in disturbed areas.

Recent developments show a positive trend with the Home Ministry reducing AFSPA's implementation in Nagaland, Assam, and Manipur in March 2023, balancing security needs with human rights concerns. The way forward lies in implementing the Justice Jeevan Reddy Committee's recommendations while ensuring both national security and human dignity through mechanisms like Human Rights Cells in armed forces.