Angeline Kez

Kohima, Jan 18: The Armed Forces (Special Powers) Bill was passed by both houses of Parliament and it was approved by the President on September 11, 1958. It became known as the Armed Forces Special Powers Act (AFSPA), in 1958.

The Act came into force in the context of increasing violence in the North-eastern States decades ago, which the State governments found difficult to control.

AFSPA gives armed forces the power to maintain public order in “disturbed areas”.
They have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving due warning if they feel a person is in contravention of the law.

If reasonable suspicion exists, the army can also arrest a person without a warrant, enter or search premises without a warrant, and ban the possession of firearms.

AFSPA was imposed in North-East India due to the Naga Insurgency
The Naga Nationalist Movement started in the 1950s with the setting up of the Naga National Council (NNC), The NNC initially demanded autonomy within the Indian Union and a separate electorate. The Assam police had allegedly used force to put an end to the rebellion.

As an armed movement took root in Nagaland, AFSPA was passed in Parliament, and subsequently imposed on the entire state.

In Manipur, too, it was imposed in 1958 in the three Naga-dominated districts of Senapati, Tamenglong and Ukhrul, where the NNC was active.

AFSP has the Power to declare areas to be disturbed areas 
AFSP has the Power to declare areas to be disturbed areas if, in relation to any state or Union Territory to which this act extends, the Governor of that State or the administrator of that Union Territory or the Central Government, in either case, if of the opinion that the whole or any part of such State or Union territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the Governor of that State or the Administrator of that Union Territory or the Central Government, as the case may by notification in the Official Gazette, declare the whole or such part of such State or Union territory to be a disturbed area.

What is a Disturbed Area?
A disturbed area is 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.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.

The need for AFSPA
The Indian Army is of the view that AFSPA is crucial to combat insurgency in the country and protect the borders. It may also be mentioned, that the security forces cannot operate without the cover of AFSPA in a virulent insurgency as there would be hesitation son their actions leading to the advantage of insurgents. Army officials also cite the need to protect the morale and integrity of the army as a reason not to scrutinize allegations against army personnel.

Controversies surrounding AFSPA
There have been multiple allegations of “fake encounters” and other human rights violations by the security forces in ‘disturbed’ areas. A public interest litigation (PIL) filed in the Supreme Court claimed that at least 1,528 extra-judicial killings took place in Manipur between 2000 and 2012. The petition alleged that a majority of these killings were carried out in cold blood while the victims were in custody and were allegedly tortured.

The latest controversy
The latest controversy surrounding AFSPA is the killing of civilians in Nagaland, which lead to a huge public outcry and lead to mass protests all over the state to repeal AFSPA in the state. On December 4, the army killed 13 civilians near Oting in Nagaland’s Mon district.
A report submitted by the state government released a chain of events connected to the Dec 4th Oting killings which revealed some disturbing details.

“They were ambushed and killed by Security Forces (reportedly, 21 Para Special Force based in Assam) at random, apparently without any attempt for identification,” the first report on December 4 stated.“They were all unarmed civilians working in the coal mines in Tiru valley and possessed no arms travelling in an open Mahindra Pickup truck in broad daylight but were fired upon and six of them were killed on the spot and two critically injured,”As per the report, when the villagers reached the spot, the Special Forces Personnel were allegedly “trying to hide the dead bodies of the six villagers by wrapping and loading them in another pickup truck (Tata Mobile) apparently with the intention of taking the dead bodies to their base camp.”

“On finding the dead bodies in the Tata Mobile, under a tarpaulin, violence broke out between the villagers and the Security personnel,” it recounted. Subsequently, the irate villagers burned down three vehicles belonging to the Special Forces Personnel which led the latter toopen fire “against the villagers which led to the death of 7 (seven) more villagers.”

“Eyewitnesses have confirmed that the Special Forces Personnel opened fire indiscriminately as they fled from the scene towards Assam side even firing in the coal mine hutments on the way,” it added.

It was later confirmed 13 civilians died in the Saturday incident while one died in the Sunday incident taking the total to 14.

A statement from the PRO Defence Kohima, also informed that “security forces have suffered severe injuries in the incident including one soldier who succumbed to the injuries.”

“The cause of the unfortunate loss of lives is being investigated at the highest level and appropriate action will be taken as per the course of law,” it added.

This unfortunate incident has led to a series of protests for justice and to repeal AFSPA from the state,AFSPA has been fully withdrawn from the three districts of Nagaland; Tuesang, Shamator and Tseminyu. Though the Ministry of Home Affairs (MHA) has extended the Armed Forces Special Powers Act (AFSPA) in parts of Nagaland for another six months.

Nine districts and 16 police stations in four districts of Nagaland were declared as “disturbed areas” after a review of the law-and-order situation in the State. MHA stated
AFSPA has been extended in Dimapur, Niuland, Chumoukedima, Mon, Kiphire, Noklak, Phek, Peren and Zunheboto districts in Nagaland and the areas in Nagaland falling within the jurisdiction of i) Khuzama, Kohima North, Kohima South, Zubza and Kezocha police stations in Kohima District; ii) Mangkolemba, Mokokchung-I, Longtho, Tuli, Longchem and Anaki ‘C’ police stations in Mokokchung District; iii) Yanglok police station in Longleng District; and iv) Bhandari, Champang, Ralan and Sungro police stations in Wokha District for another six months.

It is argued that the Armed Forces Special Powers Act: Violates basic human rights – it fails to protect and uphold human rights; Misuses Absolute Power – The power to shoot on sight violates the fundamental right to life, making the soldier on the ground the judge of the value of different lives and people the mere subjects of an officer’s discretion. Violates Fundamental Rights and the greatest outrage against AFSPA is due to the immunity given to the armed forces. No prosecution, suit or other legal proceeding shall be instituted except with the previous sanction of the central government.