The best APSC Coaching Centre in Assam- Lucent IAS – presents today’s Current Affairs. Sources from important news and articles published in The Hindu, The Indian Express and The Assam Tribune. (Date: 27 August, 2022)
Armed Forces Special Powers Act, 1958 (Prelims/GS2/GS3/GS 5)
Armed Forces Special Powers Act, 1958
- The Armed Forces Special Powers Act grants the armed forces sweeping powers. For Example:
- It authorizes them to open fire, even death, on any person who is in contravention of the law or carrying arms and ammunition.
- It also provides them with the power to arrest individuals without warrants on the basis of “reasonable suspicion” and to search premises without a warrant.
- It can be imposed on a state or parts of a state by the Centre or the Governor of that state when these areas are declared “disturbed” under Section 3.
- The Act was amended in 1972, and the powers to declare an area “disturbed” were given concurrently to the Central Government as well as the States.
- The Union Home Ministry currently makes periodic “disturbed area” notifications to extend AFSPA only to Nagaland and Arunachal Pradesh.
- The State governments issue the notification for Manipur and Assam.
- Tripura revoked the Act in 2015, AFSPA in Meghalaya repealed by the MHA on April 1, 2018.
- The State governments issue the notification for Manipur and Assam.
- Tripura revoked the Act in 2015, AFSPA in Meghalaya repealed by the MHA on April 1, 2018
Arguments in the favour of AFSPA
- National Security, first and foremost is the concern. This Act is needed to counter the threats.
- The presence of such strict law, the armed forces can keep a check on the rising insurgency and the insurgent sentiments.
- To help armed forces establish the rule of law in disturbed areas.
- To ensure proper and safe functioning of state machinery in disturbed areas.
Arguments against the AFSPA
- Misuse of powers given to armed forces, used as a tool of oppression and brutality.
- Fake encounters, rapes and sexual harrasment of the common people.
- AFSPA,violates human rights.
- ASFPA has resemblances with Rowlatt Act of the British time as any suspicious person can be arrested on the basis of doubt.
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