What is AFSPA? Know everything about the act and which states are under it

In a historic decision, Union Home Minister Amit Shah informed on Thursday that the Indian Government has reduced AFSPA in 3 Northeastern states. The states included in the reduction list include Nagaland, Assam and Manipur. As per Amit Shah's announcement, 23 districts in Assam, 6 districts of Manipur, and 7 districts of Nagaland have been provided relief by the union government from the law.

It is pertinent to mention here that AFSPA is a law that has garnered strong criticism and has created contrasting opinions between people of regions where it has been applied. The Indian state defends the law saying it's necessary to curb the insurgency and maintain "law and order," while on the other side, those opposing it, call it a law that takes away the fundamental right guaranteed by the constitution the "right to live." 

History of AFSPA

The Armed Forces (Special Powers) Act passed the floor test of the Indian parliament under PM Jawaharlal Nehru in the year 1958. To be specific, the law was promulgated on May 22, 1958, by the first president, Dr Rajendra Prasad. Initially, AFSPA was incorporated in the North-Eastern states in a bid to 'control' the Naga insurgency in the then undivided state of Assam and the then union territory of Manipur. The document provided by the Ministry of Home Affairs introduces the bill under the following lines: 

"Violence became the way of life in north-eastern States of India. State administration became incapable to maintain its internal disturbance."

It should be noted here that the idea of AFSPA did not originate in the 'free' Indian legislature, as the aforementioned law was first introduced by the then British regime, notably on August 15, 1942, in a bid to crush the Indian independence movement. The order mobilised the armed forces "in the aid of civil power" while the world was divided into Allied and Axis powers during the World War.

What is AFSPA?

The special power ordinance which passed in 1958, gave the power to the Governor of 'undivided' Assam and the Chief Commissioner of the Union territory of Manipur to declare any part or the whole State/UT as "disturbed." Under this "disturbed" area, the armed forces or "any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces "was given the right to use force or fire upon any person to death "for acting in contravention of any law or order.

The armed forces can also destroy an area, apprehend a person without a warrant or enter and search private premises without a warrant if the area, person or the premise is found suspicious by the acting officers. The law also prohibits the assembly of 5 or more persons in the "disturbed" area. Furthermore, it also disallows a person to carry a weapon or anything which can be used as a weapon or a fire explosive.

It is pertinent to mention here that under this law, "armed forces" have been defined as "military forces and the air forces operating as land forces, and includes other armed forces of the Union so operating."

States under AFSPA before Modi government's landmark decision

The law, when it was first introduced in 1958, was restricted to undivided Assam, which constituted almost full northeast and the then union territory of Manipur. Later when the Northeastern states were reorganised under the North-Eastern Areas (Reorganisation) Act, 197,1 the law was especially amended in a way that it could be applied to every state that which were originally a union territory after the reorganisation bill of 1971 was passed. 

Currently, the AFSPA law is active in, the Tirap, Changlang and Longding districts of Arunachal Pradesh and the area falling within the jurisdiction of four police stations. Notably, the Act also covers places of Arunachal Pradesh which shares its border with Assam. The whole state of Nagaland is also under the law since the reorganisation bill passed the floor test of the Parliament and became a Gazzette after the signatures of the President.

Under this law, the whole state of Assam and Manipur, excluding the Imphal district has been declared a "disturbed area."

The bill was announced in Punjab in the year 1982 and remained in the northern state for 14 years. A similar bill was enacted in the legislation of Jammu and Kashmir in 1992.