AFSPA (Armed Force Special Power Act 1958)

Context

AFSPA has been extended in Nagaland for six months.

AFSPA is an act of parliament which gives power to armed forces and central forces to maintain public order in disturbed areas.
Powers conferred to arm force under this act
- Have power to prohibit gathering of five or more person
- Can use force or open fire on a person who they think is in contravention of law, but only after giving due warning
- Power to arrest a person without warrant, search a premise without a warrant and ban possession of firearms
- Protect security forces from legal suits unless declared by center govt
DISTURBED AREA is where use of armed force in addition of civil power is necessary to maintain public order .Section 3 of AFSPA mention ground to declare area as disturbed :differences or dispute between members of different racial ,religious, language or regional groups or caste or communities
Power to declare disturbed area is conferee to both sate and center (after the amendment of 1972 in act)

On 15 august 1942, British viceroy Lingthow promulgate AFSPA ordinance to curb Quit India movement
In 1948 AFSPA ct replaced earlier ordinances and in 1958 it was introduced in North eastern state by then Home minister G.B pant to deal with internal security situation in India (ART 355 confer power to center to [protect every state from internal disturbances)

It gives unbridled power to armed forces personnel, often led to allegations of fake encounters and other human right violations by security forces in disturbed areas .

five member committee appointed in 2004 to review AFSPA in north eastern state recommended to repeal AFSPA and provision should be added in Unlawful activites act1967

Fifth report of 2nd ARC on public order has also recommended to repeal AFSPA act