[DEC] Armed Forces (Special Powers) Act (AFSPA)

Question 1

Meaning of AFSPA?

Answer 1

In simple terms, AFSPA gives armed forces the power to maintain public order in “disturbed areas”.

Question 2

Powers given to armed forces?

Answer 2

• prohibit a gathering of five or more
• can use force or even open fire after giving due warning if person is in contravention of the law.
• can also arrest a person without a warrant;
• enter or search premises without a warrant; and ban the possession of firearms.
• Any person arrested or taken into custody may be handed over to the officer in charge of the nearest police station along with a report detailing the circumstances that led to the arrest.

Question 3

What is a “disturbed area?

Answer 3

One which is declared by notification under Section 3 of the AFSPA. An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.

Question 4

Who can declare area as disturbed?

Answer 4

The Central Government, or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.

Question 5

Recommendations by Justice B P Jeevan Reddy?

Answer 5

(a) AFSPA should be repealed and appropriate provisions should be inserted in the Unlawful Activities (Prevention) Act, 1967;
(b) The Unlawful Activities Act should be modified to clearly specify the powers of the armed forces and paramilitary forces and
(c) grievance cells should be set up in each district where the armed forces are deployed.

5th report of the Second Administrative Reforms Commission on public order has also recommended the repeal of the AFSPA.