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24th September 2024 (14 Topics)

AFSPA in Manipur

Context

As ethnic violence continues, the Centre and the Manipur government are set to review the scope of the Armed Forces Special Powers Act (AFSPA) in the northeastern State. 

What is AFSPA?

  • The Armed Forces (Special Powers) Act was enacted in 1958 to bring under control what the government of India considered ‘disturbed’ areas.
  • Under the Act, an area is declared as "disturbed"for the convenience of security forces.
    • The government (either the state or centre) considers those areas to be ‘disturbed’ “by reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities.”
  • Section (3) of the AFSPA Act empowers the governor of the state or Union territory to issue an official notification on The Gazette of India, following which the centre has the authority to send in armed forces for civilian aid.
  • Once declared ‘disturbed’, the region has to maintain status quo for a minimum of three months, according to The Disturbed Areas (Special Courts) Act, 1976.

Positives of AFSPA

Negatives of AFSPA

  • It is necessary tool to tackle unconventional threats posed by insurgent groups operating in remote and inaccessible terrain.
  • Withdrawal of AFSPA could embolden militant outfits and compromise the safety and security of both civilians and security personnel.
  • It shields security personnel from accountability for excesses committed in the course of their duties.
  • It leads to abuse of power and violations of fundamental rights.
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