Answer:

Introduction:

The Armed Forces (Special Powers) Act, 1958 (AFSPA) is a legislation that grants special powers to the Indian Armed Forces in what the act terms as “disturbed areas” in the states of Arunachal Pradesh, Assam, Manipur, Nagaland. It was later extended to Jammu and Kashmir in 1990 due to escalating insurgency. Recently, the Union Government reduced the footprint of AFSPA, partially withdrawing it from areas in Assam, Nagaland, and Manipur. However, AFSPA still prevails in parts of these states, as well as certain regions of Arunachal Pradesh and Jammu & Kashmir.

Body:

Sections of AFSPA Criticized by Activists:

• Section 3 (Declaration of ‘Disturbed Areas’): This gives the government the power to declare any area as ‘disturbed’, a term that lacks a precise definition, leading to its arbitrary use.
• Section 4 (Special Powers of the Armed Forces): This provision enables security forces to conduct searches, make arrests without warrants, and use lethal force, resulting in concerns about extrajudicial killings.

View Held by the Apex Court:

• Balancing Order and Rights: The Supreme Court acknowledges AFSPA’s role in maintaining order but also insists on the importance of protecting citizens’ rights.
• The Court, in the ‘Extra Judicial Execution Victim Families Association’ case (2016), stated that every instance of use of lethal force by security forces in AFSPA areas must be thoroughly investigated.

For example:

• Thangjam Manorama case: In 2004, the alleged torture, sexual assault, and killing of Thangjam Manorama by Assam Rifles personnel led to massive protests in Manipur.

Conclusion:

The debate around AFSPA underscores the delicate balance between national security and human rights. While it’s crucial to maintain peace in disturbed areas, it’s equally important to safeguard citizens’ rights. It necessitates a re-evaluation of AFSPA, especially the controversial provisions, reinforcing transparency and accountability in its enforcement, in line with the Supreme Court’s directives.