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India: Armed Forces (Special Powers) Act, 1958

This article is a part from English Wikipedia.

The Armed Forces (Special Powers) Act (AFSPA), was passed on September 11, 1958, by the Parliament of India.^[1] It grants special powers to the armed forces in what the act terms as "disturbed areas" in the states of Arunachal Pradesh, Assam, Manipur,Meghalaya, Mizoram, Nagaland and Tripura. It was later extended to Jammu and Kashmiras The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in July 1990.^[2]

Armed Forces (Special Powers) Act

According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to:^[6]

• After giving such due warning, Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order,

• Destroy any arms dump, hide-outs, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence.

• To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest.

• To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.

• Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons.

• Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.

• Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.

• Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.

For declaring an area as a 'disturbed area' there must be a grave situation of law and order on the basis of which Governor/Administrator can form opinion that an area is in such a disturbed or dangerous condition that use of Armed Forces in aid of civil power is necessary .^[7]

The Act has been employed in the Indian administrated state of Jammu and Kashmir since 1990.^[2] It was repealed in some constituencies of Manipur in August 2004.

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