Extension of AFSPA in Arunachal and Nagaland

Context

The Union Ministry of Home Affairs (MHA)  extended the Armed Forces (Special Powers) Act (AFSPA)  in parts of Nagaland and Arunachal Pradesh for another six months.

AFSPA: Armed Forces (Special Powers) Act 

• Background: The Act in its original form was promulgated by the British in response to the Quit India movement in 1942. After Independence, Prime Minister Jawaharlal Nehru decided to retain the Act.
• Definition of the Law: It is a 1958 law passed by the Parliament that grants the armed forces special authority and immunities in “disturbed areas” to maintain public order. 
• Applicability of Law: It is only applicable if an area has been deemed “disturbed” under Section 3 of the Act. 
• Definition of Disturbed Area:  An area can be considered to be disturbed due to differences or disputes among different religious, racial, language or regional groups or castes or communities.
• Power to declare an Area as Disturbed: The Central Government, the Governor of the State, or the Administrator of the Union Territory may declare all or part of the State or Union Territory to be a disturbed region.

Powers of Armed Forces Under AFSPA

• Power to Prevent gathering and Open fire: They have the right to prevent a gathering of five or more people in a specific area, as well as to use force or even open fire after providing adequate warning if they believe a person is breaking the law. 
• Power to Arrest without warrant: If reasonable suspicion exists, the army may arrest a person without a warrant, enter or search a location without a warrant, and prohibit the possession of firearms.
• Reporting to the nearest Police station: Any person detained or taken into custody may be turned over to the officer in charge of the nearest police station, along with a report outlining the facts behind the arrest.
• Immunity from Judicial actions: These armed forces are free from prosecution unless the Union Government authorizes the prosecuting agency.

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