In most cases, for example during elections, when the local police may be stretched too thin to simultaneously handle day-to-day tasks, the central government obliges by sending in the BSF and the CRPF. The act can be amended so as to prevent prosecution against any person in exercise of powers conferred by this act where the Central Government provides in writing and competent courts uphold the legal validity of these reasons. In the words of supreme court “It does not matter whether the victim was a common person or a militant or a terrorist, nor does it matter whether the aggressor was a common person or the state. How are Cyclones named in the World? Retrieved 16 March Fill in your details below or click an icon to log in:
I in my own capacity am trying to bring about that change for a brighter tomorrow. Sidhu admitted to the American Consul General in Kolkata, Henry Jardine, that the Assam Rifles in particular are perpetrators of violations in Manipur which the very same cables described as a state that appeared more of a colony and less of an Indian state. Please Email the Editor. Archived from the original on 21 July Armed forces can search any house without any warrant and required force can be used to search it.
In the following decades it spread, one by one, to the other Seven Sister States in India’s northeast at present it is in force in Assam, Nagaland, Manipur excluding Imphal municipal council area, Changlang, Longding and Tirap districts of Arunachal Pradesh. Printable version May 23, 6: Cabinet Committee on Security to meet on Monday.
In such cases, it is the prerogative of the state government to call for central help.
I am extremely perturbed by the social issues concerning India. They all accept that people jammmu people communication and development of new avenues are the only way for peace, however laws like AFSPA are continuously violating human rights issues there.
It gives Army officers legal immunity for their actions. It is effective in the whole of Nagaland, Assam, Manipur excluding seven assembly constituencies of Imphal and parts of Arunachal Pradesh.
The Act empowers the armed forces to search and arrest without a formal warrant. Leave a Reply Cancel reply Enter your comment here There is an intense discussion jammi the media on the pros and cons of the Armed Forces Special Powers Act. It is only right that they have the shield of the Act to help them stop terrorism without further loss of lives.
It is a shame that we use severe and inhuman laws against our own people. Why essayy Army Day Celebrated in India?
For & against AFSPA
When the right of self-defence is available to all citizens, is it fair to deny the same to the army personnel? It was withdrawn by the Manipur government in some of the constituencies in August in spite of the Central government not favouring withdrawal of the act. The Act came into force in the context of increasing violence in the Northeastern States decades ago, which the State governments found oh to control.
We won our independence through a non-violent struggle led by Mahatma Gandhi. You are commenting using your Google account.
What is Armed Forces (Special Powers) Act, and where is it in force? – The Hindu
Related Topics Letters security measures. Retrieved 29 April This is where and why the AFSPA comes to bear – to legitimize the presence and acts of armed forces in emergency situations which have been deemed war-like. The Times Of India. However, when looked at closely, the spate of terrorist activities, especially in the Jammu and Kashmir region, has shown no signs of reduction.
The Armed Forces Special Powers Act: A brief history | Al Jazeera America
When a state or region declared is as disturb area? Kasbmir a provision would prevent good officers from being prosecuted while allowing bad apples to be prosecuted for their crime. That Act also permits an Army NCO to fire at a real or suspected insurgent, without fear of being taken to court.
Retrieved 29 July On 8 Julyin a landmark ruling, The Supreme Court of India ended the immunity of the armed forces from prosecution under AFSPA, saying, in an page judgement, “It does not matter whether the victim was a common person or a militant or a terrorist, nor does it matter whether the aggressor was a common person or the state.
AFSPA: Understanding this special Act
Economic and Political Weekly. Printable version May 23, 6: The commission recommended to amend the Unlawful Activities Prevention Act, inserting a new iammu to deploy the armed forces of the Union in the North eastern States.
The Hindu Net Desk April 23, The army is trained to guard the nation’s borders, and to kill the enemies of the nation swiftly and efficiently. India responded by sending in thousands of Indian army soldiers and paramilitary men from the Assam Rifles to crush the rebellion.
In the first place, the army should not be called to restore law and order in a State.