Draconian act-AFSPA (Armed Force Special Powers act)-India- A Controversial Act

POSTED BY Santanu Kr Dutta.

Supreme court of India has rejected the plea of over 350 army personnel challenging the lodging of FIR (First Information Report) against soldiers involved in operations in Manipur and Jammu & Kashmir, where the draconian act has been in force. The apex court is right in its observation when it asked the government who had stopped it from coming out with a or environments. Centre also conceded that the rejection of plea would have a demoralizing effect on the Army man, the court refused the budge, saying that when there is a loss of life, even in an encounter, the very issue demands that” it should be looked into an investigation should be done.” Indeed the soldiers operating in a hostile region do need some protection but cannot and must not be ensured by stomping upon the fundamental rights of the civil population. A look at the anti-terror operations in the states where AFSPA is in force makes it amply clear that the abuse perpetrated under it have had the disturbing effect of violating the fundamental rights of civilians, including deaths and debilitating injuries.

Right to life is a fundamental life of every person, and as the court said, “If somebody loses his life this, it should look into. “Either repeal or major amendment of AFSPA is an early need but matters have not moved for decades despite growing public resentment over gross abuses of this act. The defence ministry strong opposition to having any change in this act has raised a question whether AFSPA is a genuine threat to human rights and if it is so the Act needs to be amended.

What is the Armed Forces (Special Powers) Acts (AFSPA), 

AFSPA is Acts of the Parliament of India that grant special powers to the Indian armed forces in which each act terms "disturbed areas". According to The Disturbed Areas (Special Courts) Act, 1976 once declared ‘disturbed’, the area has to maintain the status quo for a minimum of 3 months. One such Act passed on September 11, 1958, was applicable to the Naga Hills, then part of Assam. In the following decades, it spread, one by one, to the other Seven sisters in India's northeast(at present it is in force in Assam, Nagaland, Manipur excluding Imphal municipal council area, Changlang, Longding and Tirap districts of Arunachal Pradesh). Another one passed in 1983 and applicable to Punjab and Chandigarh was withdrawn in 1997, roughly 14 years after it came to force. An Act passed in 1990 was applied to Jammu & and has been in force since. 

The Acts have received criticism from several sections for alleged concerns about human rights violations in the regions of its enforcement alleged to have happened. 

Politicians like P.CHIDAMBAAM and SAIFUDDIN of CONGRESS have advocated revocation of AFSPA, while some like AMARINDER SINGH against its revocation.
Courtesy AssamTribune/WIKIPEDIA.