In addition the words the armed forces assam and manipur special powers act 1958 were substituted by armed forces special powers act 1958 getting the acronym of afspa,1958. F or more than 150 years, the us armed forces had no need for complicated organization. According to the disturbed areas special courts act, 1976, once declared disturbed, the area has to maintain status quo for a minimum of. A note on the armed forces special powers act afspa at sanhati. It is not necessary for us to notice the provisions of this act for the reason that it was a temporary statute enacted for a period of one year, though it continued till it was repealed by act 36 of 1957. This article traces the rise of militancy in manipur including the armed forces special powers act 1958 afspa and analyses the reasons and its impact on the people. The act, implementation and implicationsthe afspa was enacted in 1958 with the objective of suppressing the brazen naga insurgency and rebellion. Afspa, which was enacted in 1958 amid the nascent naga insurgency, gives powers to the army and state and central police forces to shoot to kill, search houses and destroy any property that is. Armed forces special powers act afspa, 1958 is an act of the parliament of india that grant special powers to the indian armed forces the power to maintain public order in disturbed areas. The armed forces special powers act in north east india by. Although parts of assam came under afspa in 1958, the entire state of assam.
Supreme court of india armed forces special powers act. The armed forces special powers act was enacted in the year 1958 which first came as an ordinance and then made into law. Manipur experience contents foreword 3 with the torch bearers of manipur 5 1942 the armed forces special powers ordinance 17 1949 manipur administration order 19 1950 sardar patels letter to jawaharlal nehru 20 1958 indian parliamentary debate on afspa 1958 26 1958 the armed forces special powers act 30. A demonstration of the poverty of liberal imagination 31 pradip phanjoubam making good laws is the answer 33. Manipur experience, cpdm intends to produce a complied version of collected documents related to the act and issues centred on it. Afspa was enacted in 1958 to bring under control what the government of india considered disturbed areas. All about afspa armed forces special powers act, 1958.
Armed forces special powers act, 1958 writ petition crl 550 of 1982 with writ petition c nos. Section 3 of afsp allows armed forces to use coercionforce whenever required to maintain the civil order in the state or area. Special powers act, 1958 hereinafter referred to afspa, the. The battle against the armed forces special powers act is a long, bitter one. The recent developments in manipur have once again brought into focus the question of application of the armed forces special powers act 1958 afspa in northeast india. Imposed first on the naga hills in 1958, afspa, an emergency law, was to be in. This page is about the meanings of the acronymabbreviationshorthand afspa in the governmental field in general and in the legislation terminology in particular. In a report that called for an end to the use of the armed forces special powers act afspa in jammu and kashmir, human rights group amnesty international has released a detailed report on the. The armed forces assam and manipur special powers act, 1958. Appendix i at times in concurrence with other state and national security laws 8 two have suffered from draconian emergency rule and militarization for more than 50 years. It was first implemented in manipur and assam in 195, following the naga movement. Sep 02, 2017 assam government has extended term of armed forces special powers act afspa, 1958 and declared entire state a disturbed area for six more months under section 3 of afsp act. The minister said that the act can be amended only after a consensus is built among the government.
As recently, a court martial awarded life term to 7 persons of indian army after a court of. The afspa was concerned with only assam and manipur in 1958 due to increasing in insurgency by the naga militants. No, afspa and disturbed areas act are not the same. Dec 17, 2011 the armed forces special powers act of 1958 afspa is one of the most draconian legislations used by the indian rulers to enslave and oppress people under the garb of fighting separatism. Armed forces special powers acts is collective name of several acts passed by indian parliament for providing special powers to the indian armed forces. The reason behind this was that the act was known to be. A note on the armed forces special powers act afspa at.
Why the armed forces special powers act is not leaving kashmir anytime soon the civilian leadership ceded ground to the army long ago. The armed forces special powers act of 1958 afspa is one of the most draconian legislations used by the indian rulers to enslave and oppress people under the garb of fighting separatism. Pallavi bedi of prs legislative research, new delhi explains some of the key provisions of the act, and the issues around it. The armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate. The present act was enacted by the parliament in 1958 and. Manipur is one of the indian states plagued by selfdetermination movement, interethnic strife, and the militarization of ethnic groups for the last few decades. This is for first time state government has extended afspa and disturbed area provision on its own. The indian armed forces, who are specially trained to protect the. Nov 26, 2018 afspa is a special provision which empowers army men in states where this act is imposed to arrest, search the house of a suspected person, search the vehicle of a suspected person, army officers have legal immunity for their actions. In the past, afspa provisions in state were always extended by the. The armed forces special powers act afspa1958 was enacted by the parliament on september 11, 1958, to provide necessary powers and legal protection to the armed forces while carrying out proactive operations against the insurgents in a highly hostile environment. The armed forces special powers act, 1958 act 28 of 1958.
For the past sixty years, the north east states, and for almost two decades, kashmir, have been virtually under army rule. Afspa, which was enacted in 1958 amid the nascent naga insurgency, gives powers to the army and state and central police forces to shoot to kill, search houses and. Pdf armed forces special powers act afspa, a legislation of the. Do the armed forces special powers act afspa and disturbed. The armed forces special powers act, 1958 act 28 of 1958, 11th september, 1958 an act to enable certain specialpowers to be conferred upon members of the armed forces in disturbed areas in the state of1arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura. About afspa the armed forces special powers act was enacted in 1958 to bring under control what the government of india considered disturbed areas. Armed forces special powers act human rights watch. Jul 12, 2016 afspa was enacted in 1958 to bring under control what the government of india considered disturbed areas. The 1972 amendments to afspa extended the power to declare an area disturbed to the central government whereas in the 1958 version of afspa, only the state governor had the power. Afspa is a special provision which empowers army men in states where this act is imposed to arrest, search the house of a suspected person, search the vehicle of a suspected person, army officers have legal immunity for their actions. Moreover, persisting or joining in an unlawful assembly of five or more persons is also. Afspa act latest breaking news, pictures, photos and video news. Armed forces special powers act afspa, 1958 is an act of the indian parliament which empowers the nations army to conduct search, arrest or shoot to kill people without warrant. Ten cases under afspa you should know about by ravi nitesh.
It conferred special powers upon armed forces in what the act calls disturbed areas in the north east states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura. First introduced in the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura, the act was later extended to jammu and kashmir in july 1990. The armed forces special powers act 1958 that was enacted, imposed, and justified by the indian supreme court stands out as the. Mar 14, 2016 the armed forces special powers act of 1958 afspa was adopted by the indian parliament 45 years ago as an emergency measure granting special powers to the indian armed forces for use in an. The government either the state or centre considers those areas to be disturbed by reason of differences or disputes between members of different religious, racial, language. Dec 11, 2011 the armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate. In the present volume entitled, armed forces special powers act, 1958. Imposed first on the naga hills in 1958, afspa, an emergency law, was to be in force for a year. According to the disturbed areas special courts act, 1976 once declared disturbed, the area has to maintain status quo for a minimum of 3 months. Though both acts are applicable in the areas which are declared as disturbed areas under section 3, they serve different purpose. Review of the afspa an analysis of the draconian armed forces special powers act, 1958 introduction.
Kharasch and olga boikess introduction under the federal aviation act of 1958,49 u. Mar 17, 2020 armed forces special powers act afspa, 1958 is an act of the indian parliament which empowers the nations army to conduct search, arrest or shoot to kill people without warrant. This act may be called the armed forces special powers act, 1958. Assam for first time extends afspa orders on its own. The armed forces special powers act afspa 1958 was enacted by the parliament on september 11, 1958, to provide necessary powers and legal protection to the armed forces while carrying out proactive operations against the insurgents in a highly hostile environment. Indias controversial armed forces special powers act the. Jul 30, 2016 why the armed forces special powers act is not leaving kashmir anytime soon the civilian leadership ceded ground to the army long ago.
In a first admission that centre was keen to water down the armed forces special powers act afspa, 1958, union minister of state for home hansraj gangaram ahir informed the lok sabha that it was considering a proposal to make the act more operationally effective and humane. The recent violence in kashmir triggered a nationwide debate on the validity of the armed forces special powers act, 1958, popularly known as afspa. Aug 21, 2017 armed forces special powers acts is collective name of several acts passed by indian parliament for providing special powers to the indian armed forces. Jan 17, 2008 this article traces the rise of militancy in manipur including the armed forces special powers act 1958 afspa and analyses the reasons and its impact on the people. A renewed debate in india the afspa facilitated sexual violence and extrajudicial executions. The provisions of afspa include the power of the armed forces to make preventive arrests, to. Vide this act,2 the security forces have been given some extra powers so as to operate against the insurgents in the disturbed areas. Armed forces special powers act, 1958 afspa has attracted attention. India and the armed forces special powers university of essex. Afspa, state in society theory, federalism, insurgency, manipur, tripura. Afspa has been in force in the northeast and jammu and kashmir, and the draconian law has been the reason of wide protests.
New york indias armed forces special powers act has been used to violate fundamental freedoms for 50 years and should be repealed, human. Afspa has been in force in the northeast and jammu and kashmir, and the draconian law. Armed forces special powers act institute for defence. The 147page report recommends, the armed forces special powers act, 1958, should be repealed. I n 1958 the government of india passed the armed forces special powers act afspa. The reason behind this was that the act was known to be a tough measure and if it could not cure the problem facing it in that span of time, continued use would in all likelihood. The act was preceded by an ordinance called armed forces assam and manipur special powers ordinance, 1958 promulgated by the president of india. The armed forces special powers act, 1958 afspa is a sweeping legislation to send the army to a disturbed area in aid of the civil power section 3, empowering it to destroy armsdumps. On august 15, 1942, lord linlithgow, the viceroy of india, promulgated the armed forces special powers ordinance to suppress the quit india movement launched by mahatama gandhi a week earlier.
Armed forces special powers act 1958 exposing afspa. Here are 10 things to know about controversial legislation. The central government empowered the governors of the states and administrators of union territories to take a call whether the areas of that particular. While afspa is a special powers act, disturbed areas act is a s. What is afspa and why are some people opposed to it.
Pdf living with armed forces special powers act afspa. Human rights watchs 16page report, getting away with murder. The present act was enacted by the parliament in 1958 and it was known initially as armed forces assam and manipur special powers act, 1958. It is still in place, and is being applied in the states of arunchal pradesh, assam, manipur, meghallaya. Armed forces special powers act afspa, 1958 is an act of the parliament of india that grant special powers to the indian armed forces, the power to maintain public order in disturbed areas. The territorial scope of act also expanded to all the states of the northeast.
During the course of its work, the committee members met several individuals, organisations, parties, institutions and ngos, which resulted in the report stating that the act, for whatever reason, has become a symbol of oppression, an. The edition does not include the list of names of the victims of afspa or. Find afspa act news headlines, photos, videos, comments, blog posts and opinion at the indian express. Act of 1958 took the services out of the loop and empowered the combatant commands. Pdf living with armed forces special powers act afspa as. Armed forces special powers act, 1948 being act 3 of 1948. Nov 05, 2011 union home minister p chidambaram recently said that a consensus is being built to amend armed forces special powers act, 1958 afspa. Act 28 of 1958 the armed forces special powers bill was passed by both the houses of parliament and it received the assent of the president on 11th september, 1958. Supreme court of india armed forces special powers. Mar 08, 2014 the battle against the armed forces special powers act is a long, bitter one. The armed forces special powers act of 1958 afspa is one of the more draconian legislations that gives. On august 15, 1942, lord linlithgow, the viceroy of india, promulgated the armed forces special powers ordinance to suppress the quit india movement launched by.
The afspa was enacted in 1958, as a short term measure, vouchsafing special powers upon members of the armed forces in disturbed areas in the then state of assam and union territory of manipur. Amnesty international india urges the government of india to repeal the armed forces special powers acts, 1958 and 1990. Repeal armed forces special powers act human rights. Armed forces special powers act, 1958afspa november 5, 2011 no comments union home minister p chidambaram recently said that a consensus is being built to amend armed forces special powers act, 1958 afspa. The defense reorganization act of 1958 took the services. The armed forces special powers act, 1958 act 28 of 1958, 11th september, 1958 an act to enable certain specialpowers to be conferred upon members of the armed forces in disturbed areas in the state of1arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and. After the alleged extrajudicial execution of 32yearold, ms thangjam manorama devi following her arrest as a suspected member of the peoples liberation army pla by the assam rifles personnel at 3. Indias controversial armed forces special powers act. Assam government has extended term of armed forces special powers act afspa, 1958 and declared entire state a disturbed area for six more months under section 3 of afsp act. Mar 30, 2009 the afspa was enacted in 1958 with the objective of suppressing the brazen naga insurgency and rebellion. Armed forces special powers act, 1958afspa current. Application of act 18 part 2administration 20 division 1general 20 6. The armed forces special powers act afspa, was passed on september 11, 1958, by the parliament of india.
Assam, manipur, meghalaya, nagaland, tripura, arunachal pradesh and mizoram. Here are 10 things to know about controversial legislation afspa. On july 11, 2004, the alleged rape and killing of thanjam manorama, suspected to be a cadre of the peoples liberation army pla, sparked agitations throughout manipur for. Introduction under the federal aviation act of 1958,49 u. The armed forces special powers act of 1958 afspa was adopted by the indian parliament 45 years ago as an emergency measure granting special powers to the indian armed forces for use in an. The army and the navy fought their battles separately and there was seldom any overlap. Virtual legal assistant, query alert service and an adfree experience.
The afspa is in force in several northeastern states. Locating armed forces special powers act, 1958 in the federal. It came on the statute book as the armed forces special powers act, 1958 28 of 1958. Why the armed forces special powers act is not leaving. Manipur and armed forces special power act 1958 manohar.
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