Context:
Centre Government extended AFSPA in certain areas of Manipur, Nagaland, and Arunachal Pradesh.
Armed Forces (Special Powers) Act, 1958 (AFSPA):
- Gives armed forces power to maintain public order in “disturbed areas”.
- Law first came into effect in – 1958, to deal with the uprising in the Naga
- Currently AFSFA is applicable in – Some parts of Assam, Nagaland, Manipur and Arunachal Pradesh.
- Special powers given to armed forces –
- To prohibit a gathering of 5 or more persons in an area.
- Can use force or open fire if they feel a person is in contravention of law.
- Can also arrest a person without a warrant
- Can enter or search a premise and ban possession of firearms.
- Powers to Declare Areas to be Disturbed Areas –
- Declared under – Section 3 of AFSPA
- Declared when – A part or whole State/ Union Territory (UT) is in such a condition that the use of armed forces in aid of civil power is necessary.
- Declared by – Central Government or Governor of State or administrator of UT can declare whole or part of State/UT as a disturbed area.
- Issues with AFSPA –
- Violates right to life and right to remedy
- Misuse of powers by armed forces
- Violates International law like Universal Declaration of Human Rights
- Justice Jeevan Reddy Committee – Recommended repeal of the Armed Forces (Special Powers) Act (AFSPA).
Important Supreme Court judgments:
- Naga People’s Movement of Human Rights v. Union of India – Supreme Court has upheld the constitutionality of AFSPA in a 1998 judgment
- Extra Judicial Execution Victim Families Association v Union of India case (2016) – SC held that there is no concept of absolute immunity from trial by criminal court even when an offence is committed by army personnel.
Source: TH
Previous Year Question
In essence, what does ‘Due Process of Law’ mean?
[UPSC Civil Service Exam – 2023 Prelims]
(a) The principle of natural justice
(b) The procedure established by law
(c) Fair application of law
(d) Equality before law
Answer: (c)