Jan 29, 2017 armed forces special powers act afspa full analysis. It supported a new doctrine of policing and criminal justice inherent in an inclusive approach to governance. It came on the statute book as the armed forces special powers act, 1958 28 of 1958. Armed forces special powers act, 1948 being act 3 of 1948. A few ngos and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to arrest without warrant, destroy property and shoot to kill, besides providing them with complete immunity. Conferment of power on noncommissioned officers like a havaldar cannot be said to be bad and unjustified.
The armed forces special powers act hereinafter the act or afsp act has been in force in several parts of india, including the state of manipur in the northeast of the country, for more than fifty years. National emergency powers congressional research service 3 to prioritize and regulate the manufacture of military material, is an example of this type of statute. Armed forces special powers act afspa full analysis youtube. This act came into force in context of increasing violence in northeastern states of india decades ago, which state governments found difficult to control. The armed forces special powers act afspa is an act empowering armed forces to deal effectively in disturbed areas.
Armed forces special powers act afspa, 1958 is an act of the parliament of india that grant special powers to the indian armed forces the power to maintain public order in disturbed areas. Repeal armed forces special powers act human rights. The armed forces special powers act, 1958 in manipur and. The armed forces special powers act of 1958 afspa is one of the more draconian legislations that gives the. The act was preceded by an ordinance called armed forces assam and manipur special powers ordinance, 1958 promulgated by the president of india. Forces assam and manipur special powers ordinance was promulgated by the. Armed forces special powers act blogs, comments and archive news on. Mar 17, 2020 armed forces special powers act afspa, 1958 is an act of the indian parliament which empowers the nations army to conduct search, arrest or shoot to kill people without warrant. Revised legislation carried on this site may not be fully up to date. End army rule, committee for the repeal of the armed forces special powers act, delhi.
An analysis of armed forces special power act 1958 pucl and asian centre for human rights. Here are 10 things to know about controversial legislation. Sep, 2017 police powers and responsibilities act 2000 page 5 68 power to enable effective and safe exercise of other powers. The afspa was enacted in 1958, as a short term measure, vouchsafing special powers upon members of the armed forces in disturbed areas in the then state of assam and union territory. Military power of attorney form 4 free templates in pdf. Tripura removes controversial armed forces special powers act. Jul 30, 2016 why the armed forces special powers act is not leaving kashmir anytime soon the civilian leadership ceded ground to the army long ago. What is armed forces special powers act, and where is it. On passing of armed forces special powers bill by both houses of parliament and approved by president on 11 september 1958 it became known as armed forces special powers act afspa, 1958. On august 15, 1942, lord linlithgow, the viceroy of india, promulgated the armed forces special powers ordinance to suppress the quit india movement launched by mahatama gandhi a week earlier. Recent events in indias restive northeast have turned the spotlight yet again on the armed forces special powers act afspa, a controversial piece of legislation that confers vast powers on.
The tripura government on thursday decided to lift the controversial law which according to a press trust of india report was in effect for the last 18 years to curb insurgency. Rules regulations notifications orders circulars statutory ordinance statutes. An act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the state of jammu and kashmir. Armed forces special powers act afspa, 1958 is an act of the parliament of india that grant special powers to the indian armed forces the power to maintain. The armed forces special powers act 1958 that was enacted, imposed, and justified by the indian supreme court stands out as the most glaring evidence of war dimension of the indian state.
Apr 08, 2015 the project aims to interpret the provisions of the armed forces special powers act, 1958 with the help of analysis of some landmark judgments that cleared the air regarding some ambiguities that were observed in the act. This is primarily to cater for the security and territorial integrity of the country. By becoming a signatory to the human rights covenant each member state is bound to uphold afsa human rights of its citizens. Armed forces special powers act afspa, 1958 is an act of the indian parliament which empowers the nations army to conduct search, arrest or shoot to kill people without warrant. New york prime minister manmohan singh of india should override the objections of the army and keep his 2004 promise to repeal the armed forces special powers act.
Apr 23, 2018 the act came into force in the context of increasing violence in the northeastern states decades ago, which the state governments found difficult to control. Armed forces special powers act in india essay 8069 words. Interpreting provisions of the armed forces special. The armed forces assam and manipur special powers act. Be it enacted by parliament in the fortyfirst year of the republic of india as follows. In simple terms, afspa gives armed forces the power to maintain public order in disturbed areas. Armed forces special powers act latest breaking news, pictures, videos, and special reports from the economic times. Why the armed forces special powers act is not leaving. Section 4 in the armed forces special powers act, 1958.
The armed forces special powers act, 1958 28 of 1958 11th september, 1958 an act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the state of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura. The armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate. Pdf the armed forces special powers act continues to be used by the indian government in insurgency ridden areas, gaining wide traction. Here are 10 things to know about controversial legislation afspa. The supreme court said on friday that the indian army or paramilitary forces cannot use excessive or retaliatory force even in areas under the controversial armed forces special powers act. Mar 08, 2014 the battle against the armed forces special powers act is a long, bitter one. The power under the section 4a of afsp act3 has hurt the citizens of manipur the most as they feel that the act confers the armed forces with broadly defined powers to shoot to kill and that this is a law, which fosters a climate in which the agents of law enforcement are able to use excessive force with impunity. In a nutshell it empowers our armed forces, in a disturbed area thus declared, to open fire after due warnings on those, indulged in acts of sabotage and violence, to arrest without warrant any such suspect and hand over him to the nearest police. Armed forces special powers act afspa india political. Any area which is declared disturbed under disturbed areas act enables armed forces to resort to the provisions of afspa. Oct 19, 2011 new york prime minister manmohan singh of india should override the objections of the army and keep his 2004 promise to repeal the armed forces special powers act afspa, human rights watch.
Chapter 6 armed forces special power act and human rights introduction in the armed forces, a soldier after completing his basic training at the regimental centre or equivalent takes an oath of allegiance to the constitution of india. The ordinance gave the armed forces certain special powers in the disturbed areas of manipur and assam. The armed forces special powers act, 1958 act 28 of 1958, 11th september, 1958 an act to enable certain specialpowers to be conferred upon members of the armed forces in disturbed areas in the state of1arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura. What is armed forces special powers act, and where is it in. Manipur and armed forces special power act 1958 manohar. The indian army is refusing to play ball with human rights activists amidst rising clamour to dilute. If, in relation to any state or union territory to which this act extends, the. Enactment of the armed forces special powers act, 1958, has led to bitter centrestate conflicts.
This paper attempts to analyse some of such conflicts by. The armed forces special powers bill was passed by both the houses of parliament and it received the assent of the president on 11th september, 1958. Indias controversial armed forces special powers act. Interpreting provisions of the armed forces special powers. But under section 3 of the act, their opinion can be overruled by the governor or the centre. The armed forces special powers act of 1958 afspa was adopted by the indian parliament 45 years ago as an emergency measure granting special powers to. Military special power of attorney in word and pdf formats. Dec 11, 2011 the armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate.
Indias controversial armed forces special powers act the. To enforce and legitimize this system of persecution and instrumental oppression, legislation such as the armed forces special powers act afspa is employed. The armed forces special powers act was enacted in 1958 to bring under control what the government of india considered disturbed areas. Fantasies of development and the democracy deficit in north east india by sanjib barvah.
In this act, unless the context otherwise requires. Armed forces special powers act afspa what is afspa. The armed forces special powers act afspa has become one of the most controversial laws, both in india and the world. What is armed forces special powers act, and where is it in force. Armed forces jammu and kashmir special powers act, 1990 no. It was later replaced by the armed forces assam and manipur special powers act of 1958.
Changes and effects are recorded by our editorial team in lists which can be. Armed forces jammu and kashmir special powers act, 1990. Afspa has been in force in the northeast and jammu and kashmir, and the draconian law has been the reason of wide protests. There are changes that may be brought into force at a future date. According to the disturbed areas special courts act, 1976 once declared disturbed, the area has to maintain status quo for a minimum of 3 months.
The battle against the armed forces special powers act is a long, bitter one. All about afspa armed forces special powers act, 1958. Armed forces special powers act linkedin slideshare. The act came into force in the context of increasing violence in the northeastern states decades ago, which the state governments found difficult to control.
If, in relation to any state or union territory to which this act extends, the governor of that state or the administrator of that union territory or the central government, in either case, if of the opinion that the whole or any part of such state or union territory, as the case may be, is in such a disturbed or dangerous condition that. Armed forces special powers acts afspa ias abhiyan ii. Armed forces special powers acts afspa ias abhiyan. The act has been enforced in the regions of jammu and kashmir and in the north east of india in order to maintain internal security in these states. On the basis of the practical implication of the act, the modus operandi of its repressive soldiers and police force, and the material impact on the physical and. Afspa armed force special power act history this act was first implemented during the british rule in india to suppress the quit india movement in 1942. Latest current affairs and news current affairs today.
May 28, 2015 the tripura government on wednesday decided to lift the armed forces special power act or afspa from the state, where the controversial law was in effect for the last 18 years to curb insurgency. The armed forces special powers act, 1958 act 28 of 1958. Assam police for continuation of armed forces special powers act 24 dec, 2018, 03. Under the power of the worlds largest democracy, an organized system of institutionalized violence has evolved, specifically in the occupied territory of jammu and kashmir. Dec 09, 2012 the primary purpose of the armed forces special powers act which will from now on be referred to as act of 1958 is to defend the country from external aggression. Armed forces special powers act afspa full analysis. The armed forces special powers act, 1958 afspa was preceded by the armed forces assam and manipur special powers ordinance 1958. Download free printable military power of attorney form samples in pdf, word and excel formats. The armed forces special powers act, 1958 gives armed forces the power to maintain public order in disturbed areas they have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving a due warning if they feel a person is in contravention of the law. The armed forces special power act, 1958 ministry of.
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