The Assam government has extended the contentious Armed Forces (Special Powers) Act, 1958 (AFSPA) in the state for six more months.
Context
The Assam government has extended the contentious Armed Forces (Special Powers) Act, 1958 (AFSPA) in the state for six more months.
Key-points
- The notification came into effect from February 28.
- It was announced under the Armed Forces Special Powers Act (AFSPA).
- The AFSPA empowers security forces to conduct operations anywhere and arrest anyone without any prior warrant, was imposed in Assam in November 1990.
- Initially, it was the Assam Disturbed Area Act of 1955 during the agitation by Nagas in undivided Assam.
- This Act gave freehand to some extent to the Army that was repealed with the incorporation of the Armed Forces (Special Power) Act, 1958.
- AFSPA was imposed in Assam in November 1990 and has been extended every six months since then after a review by the government.
About Armed Forces Special Powers Act (AFSPA)
- The Armed Forces Special Powers Ordinance of 1942 was imposed by the British colonial government on 15 August 1942 to suppress the Quit India Movement.
- After Independence, the Ordinance was invoked by the Indian government to deal with the internal security situation which emerged due to the Partition of India.
- Article 355 of the Constitution of India confers power to the Central Government to protect every state from internal disturbance.
- Armed Forces Special Powers Act (AFSPA) was enacted by the Parliament in 1958.
- The Act grants special powers to the Indian Armed Forces to maintain public order in "disturbed areas".
- AFSPA to be enacted only when a state, or part of it, is declared a 'disturbed area'.
- According to the Disturbed Areas (Special Courts) Act, 1976 once an area is declared as 'disturbed', it remains under the category for a minimum of 6 months.
- In 1958, it was 1st made applicable to the Naga Hills, then part of Assam.
- Then one by one, it expanded to other parts of Assam, Nagaland, Manipur, and Arunachal Pradesh.
- In 1983, the law was extended to Punjab and Chandigarh, but it was withdrawn in 1997.
- In 1990, it was applied to Jammu and Kashmir and has been in force since.
