Armed Forces (Special Powers) Act (AFSPA), 1958

The Armed Forces (Special Powers) Act, or AFSPA, is a law passed by Parliament in 1958. It gives the Army and other central armed forces special powers in places the government declares "disturbed areas". In these places, soldiers can search homes, arrest people without a warrant and, in some cases, even fire at people. It is one of the most important and most debated laws on internal security in India.

Why does this law exist?

Normally, keeping law and order is the job of the state police. But sometimes a state faces armed groups (insurgents) who fight the government with guns, hide in forests and cross borders. The police alone may not be able to handle this. The Army is then called in. But soldiers are trained to fight wars, not to act as police.

AFSPA gives them the legal powers they need to operate inside the country, and legal protection while doing so. The government's view is that without such powers and protection, soldiers could not work effectively in these dangerous areas.

Where did it come from?

The roots of AFSPA go back to British rule.

• On 15 August 1942, the British issued the Armed Forces Special Powers Ordinance to crush the Quit India Movement.
• In 1947, during Partition, four ordinances were issued on the same lines, including one for the "disturbed areas" of Assam.
• Assam passed the Assam Disturbed Areas Act, 1955 to deal with the armed Naga movement in the Naga Hills.
• In 1958, Parliament passed the Armed Forces (Assam and Manipur) Special Powers Act. The President approved it on 11 September 1958. As new states were formed in the North-East, the law was extended to all seven sister states, and its name became the Armed Forces (Special Powers) Act.

Important changes over time

• 1972 amendment: Earlier, only the Governor of a state could declare a disturbed area. The 1972 amendment gave this power to the Central Government too. This means the Centre can declare an area disturbed even if the state does not want it.
• Separate versions for other regions: A similar law was made for Punjab and Chandigarh in 1983 (withdrawn in 1997). Jammu and Kashmir has its own version, the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.

How does the law work, step by step?

1. Declaring a disturbed area (Section 3): The Governor of the state, the Administrator of a Union Territory or the Central Government decides that an area is in such a "disturbed or dangerous condition" that the armed forces must help the civil administration. They publish a notification in the Official Gazette (the government's official record).
2. Troops are deployed in that area to help the civil administration.
3. Special powers start (Section 4) for the armed forces there.
4. Handing over arrested people (Section 5): Anyone arrested must be handed over to the nearest police station "with the least possible delay", along with a report of why they were arrested.
5. Protection from prosecution (Section 6): No case can be filed in court against a soldier for actions taken under this law without the prior sanction (permission) of the Central Government.

What are the special powers under Section 4?

They can be used by a commissioned officer, warrant officer, non-commissioned officer or anyone of equal rank. In a disturbed area, such an officer can:

• Fire upon or use force, even causing death, against a person who breaks a law or order banning the gathering of five or more people, or the carrying of weapons. The officer must first give a due warning and must feel this is necessary to maintain public order.
• Destroy an arms dump, a hideout or a fortified position used by armed groups.
• Arrest without a warrant any person who has committed, or is reasonably suspected of having committed or being about to commit, a cognizable offence.
• Enter and search any place without a warrant to make such arrests or to recover people held against their will, weapons or explosives.

A simple way to picture it: in a normal town, a police officer needs a magistrate's order or a warrant for many of these actions. Under AFSPA, the soldier on the ground is allowed to decide on the spot.

What did the Supreme Court say?

Two cases are very important.

• Naga People's Movement of Human Rights v. Union of India (1997): A five-judge Constitution Bench upheld AFSPA as valid. It said Parliament had the power to make this law. But it also laid down safeguards:
• A disturbed-area declaration must be for a limited period and must be reviewed every six months. (This is why extensions, like the present one, come every six months.)
• The Centre can declare an area disturbed on its own, but it is desirable to consult the state.
• Only the minimum force needed should be used.
• Arrested people must be handed to the police quickly.
• The Army's own list of "Dos and Don'ts" is binding on soldiers.
• Extra Judicial Execution Victim Families Association (EEVFAM) v. Union of India (2016): The families said that 1,528 people had been killed in fake encounters in Manipur. The Court held that excessive force is not allowed, even in a disturbed area and even against militants. Every such death must be properly enquired into. In simple words: AFSPA does not give soldiers unlimited immunity.

Where does AFSPA apply in India?

AFSPA has been steadily reduced in the North-East over the last decade.

• Tripura: withdrawn completely in 2015.
• Meghalaya: withdrawn completely from 1 April 2018, after 27 years.
• Mizoram: not under active AFSPA declarations for many years.
• Assam, Nagaland and Manipur: large areas were removed from April 2022 onward.
• Manipur: after ethnic violence that began in May 2023, AFSPA was re-imposed in six police station areas (including Jiribam) on 14 November 2024.
• Arunachal Pradesh and Nagaland: it continues only in some districts and police station areas, reviewed every six months.
• Jammu and Kashmir is covered by the separate 1990 Act.

Commonly confused concepts

• AFSPA vs Emergency (Article 352): An Emergency is declared by the President for the whole country or a part of it and changes the Centre-State balance of power. AFSPA does not change the Constitution's working; it only gives extra powers to armed forces in a notified area.
• AFSPA vs President's Rule (Article 356): President's Rule means the Centre takes over the state government. Under AFSPA, the state government keeps working; only the armed forces get special powers in some areas.
• AFSPA vs calling the Army under the BNSS: Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (Sections 149 and 150, earlier Sections 130 and 131 of the CrPC), a magistrate can ask the armed forces to break up a dangerous crowd. This is short-term help for one situation. AFSPA is a long-term arrangement for a whole area, with much wider powers.
• AFSPA vs UAPA: The Unlawful Activities (Prevention) Act, 1967 is an anti-terror law that applies all over India and is used mainly by police and the NIA. AFSPA applies only in declared disturbed areas and gives powers to the armed forces.
• Section 3 vs Section 4 vs Section 6: Section 3 is about declaring the area. Section 4 is about the powers of soldiers. Section 6 is about protection from prosecution. UPSC can test which section does what.

Issues, criticism and the way forward

• Human rights concerns: Critics say the power to fire "even to the causing of death" on suspicion goes against the right to life under Article 21. Several incidents have added to this criticism. Examples are the killing of Thangjam Manorama in Manipur in 2004 and the killing of civilians at Oting in Nagaland's Mon district in December 2021.
• Near-total immunity: Because of Section 6, the Central Government rarely gives permission to prosecute soldiers. Critics say this weakens accountability.
• Protests: Irom Sharmila of Manipur fasted for about 16 years (2000 to 2016) demanding the repeal of AFSPA.
• The security forces' view: The government and the armed forces argue that soldiers face hidden, armed enemies in difficult terrain. Without special powers and legal protection, they say operations would stall and soldiers' morale would fall. They also point out that AFSPA is used only where the situation is serious.
• Committees' recommendations:
• The Justice B.P. Jeevan Reddy Committee (set up in November 2004, report 2005) recommended repealing AFSPA and adding the necessary powers to the UAPA, with safeguards.
• The Second Administrative Reforms Commission (5th Report, "Public Order", 2007) also recommended repeal.
• The Justice Verma Committee (2013) said sexual violence by members of the armed forces should be tried under ordinary criminal law.
• The Justice Santosh Hegde Commission (2013), set up by the Supreme Court, looked at six encounter cases in Manipur and found them not genuine [Unverified].
• Way forward suggested by experts: Use AFSPA only as a last resort and for short periods. Keep reducing disturbed areas as peace returns. Allow quicker and more open decisions on sanction for prosecution. Train and strengthen state police so that the Army is not needed for policing. Follow the Supreme Court's safeguards strictly.

Concepts to Know

• Insurgency: An armed fight by a group against the government, usually to win independence, autonomy or other demands.
• Cognizable offence: A serious crime (like murder or robbery) where police can arrest a person without a warrant.
• Warrant: A written order from a court allowing an arrest or search.
• Official Gazette: The government's official publication. A notification becomes legally valid once it is published in it.
• Sanction for prosecution: Official permission from the government that is needed before a court case can be started against certain public servants.
• Central Armed Police Forces (CAPF): Forces under the Ministry of Home Affairs, like the CRPF, BSF and Assam Rifles, that support state police and guard borders.