The partial rollback of the Armed Forces (Special Powers) Act
The HinduThe story so far: On March 31, the Ministry of Home Affairs announced the reduction of “disturbed areas” under the Armed Forces Act in Assam, Manipur and Nagaland with effect from April 1. The Armed Forces Special Powers Act, 1958, followed the Assam Disturbed Areas Act of 1955 to deal with the uprising in the Naga Hills and adjoining areas. Section 3 of the AFSPA empowers the Governor of a State and the administrator of a Union Territory to declare an area “disturbed” and issue an official notification in The Gazette of India to give the Centre the authority to deploy the “armed forces in aid of the civil power”. A government considers an area “disturbed” if it perceives a threat to “public peace and tranquility, by reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities.” The Act is said to give unbridled power to the armed forces and the Central Armed Police Forces deployed in “disturbed areas” to kill anyone acting in contravention of the law, arrest and search any premises without a warrant and protection from prosecution and legal suits without the Central government’s sanction.