Q. To what extent and how the Armed Forces (Special Powers) Act, 1958 (AFSPA) is able to address the security threat in Northeast region of India? (Answer in 150 words)

07 Oct, 2022 GS III Daily Answer Writing 2022-23 ( Upgrade)
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With the recent removal of AFSPA act from several districts of Assam, Manipur & Nagaland, the GoI has reiterated its confidence in AFPSA’s utility to achieve peace & security in the region. 

However, AFSPA’s enforcement has drawn criticism from several quarters as well. 

Powers under AFSPA:

  • Of the Centre and States: Declaration of a disturbed area by the Centre/Governor.
  • Of the armed forces to maintain public order in “disturbed areas”
  • Of the Officer in charge:
    • Use of force: Open fire after giving due warning
    • No need of warrant: Arrest or search only on basis of suspicion.
    • Immunity from persecution: for actions taken under the act. 

Extent of effectiveness: Success of AFSPA

  • Improved security: Removal of AFSPA from Tripura and Meghalaya points towards normalcy in these areas.
  • Neutralise Armed insurgency – Ensuring protection of national assets & civilian population from armed conflicts.
  • Ceasefires: Major groups in Nagaland (NSCN(I-M) and NNPGs) are negotiating agreements with the government.
  • Combating Counter-Terrorism: along the POK in Kashmir, not possible for the police to handle.
  • Bulwark against terrorism: Served to curtail state/non state promoted cross border terrorism eg. Pakistan.

 Extent of effectiveness: Failures of AFSPA 

  • Limited effect: Persistence of volatile situation in Assam and Manipur, even after > 60 years of its implementation.
  • Violation of Human rights - Violence, sexual humiliation, & fake encounters, as highlighted even by NHRC.
    • For eg. Recent civilian killings in Mon, Nagaland.
  • Alienation: Excessive use of force has further solidified insurgent feelings.
  • Negative perception against paramilitary: The troops, rather than bringing peace & tranquillity to the region, are viewed as a symbol of hatred & oppression by people.
  • Absence of transparent mechanism: in deciding factors that lead to declaring a region as a disturbed area.
  • Threat to Federal Fabric: Instances where the Centre has overruled the state. For eg. the recent demand by Govt. of Nagaland to withdraw the act was set aside.

Way Forward: 

  • Undertaking Reforms: In line with recommendations of ARC-II, Jeevan Reddy committee, NHRC etc.
  • Diluting AFSPA during Peace Times: repeal some of the powers when the situation simmers down. E.g. as in the north-eastern states.
  • Bridging Trust Deficit: through organising local festivals and taking up disaster management activities.
  • Unleashing Developmental Measures: by involvement of state bureaucracy, army & grass-root civil society.
  • Faster Delivery of Justice: transparent process to deal with allegations of human rights violations by the forces.

To achieve Hon’ble Prime Minister’s vision of Insurgency Free, Prosperous North East, the use of ‘brute force strategy’ must be replaced with the strategy of ‘development oriented security forces’.

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