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AFSPA back in parts of restive Manipur areas
Context
The Union government reimposed the Armed Forces (Special Powers) Act (AFSPA), in areas under the jurisdiction of six police stations across five Manipur districts, more than a year after it was removed from these places, amid a fresh wave of violence in the state.
What is AFSPA?
- The British passed the Act in its original version in response to the Quit India Movement in 1942. After Independence, then Prime Minister Jawaharlal Nehru chose to retain the Act.
- As per the AFSPA, after a state or portions of it are declared “disturbed” under Section 3, the Centre or the Governor of a state can impose exceptional powers for the armed forces on the state or parts of it.
- Section 3 of AFSPA defines “disturbed area” as a region where there is “extensive disturbance of the public peace and tranquillity.”
- According to The Disturbed Areas (Special Courts) Act, 1976, once a region is labelled “disturbed”, it must preserve status quo for a minimum of three months.
- AFSPA allows security forces to conduct operations anywhere and arrest anyone without a warrant.
- It gives the military the ability to use force or even open fire after issuing a warning to someone who is found to be breaking the law.
- Army personnel acting under the AFSPA are immune from all actions taken under other laws of the Indian Penal Code, the Criminal Procedure Code and civil suits, unless otherwise sanctioned by the central government.
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