Every Defense aspirant who is preparing for the defense forces must know about the AFSPA what is the term and how is it associated with Indian Defence Force.
The Armed Forces (Special Powers) Act-(AFSPA) was passed on September 11, 1958, to help the army in tackling the disturbed areas of Northeast India. AFSPA was implemented in the Kashmir amid an increase in the insurgency in 1990. Currently, AFSPA is still in force in these states; Arunachal Pradesh, Kashmir, Manipur, Assam, and Nagaland.
What is the Armed Forces Special Powers Act (AFSPA)?
In simple terms, AFSPA is a law which gives immense powers to armed forces to maintain the rule of law in the“disturbed areas”.
The Armed Forces (Special Powers) Act-(AFSPA) was passed on September 11, 1958, to help the army in tackling the disturbed areas of Northeast India. AFSPA was implemented in the Kashmir amid an increase in the insurgency in 1990.
Under this law, the armed forces have the authority to prohibit the gathering of five or more persons in an area. In some cases, the forces can open fire on the disturbing factors after giving a due warning if found any suspicious person.
When a state or region declared is a disturbed area?
In such situations when differences in the communities arise on the basis of race, religion, language, region, and caste and an anarchic situation arise then the state or central government is entitled to declare that area as “Disturbed Area Act”.
AFSPA is levied only in those areas which have been declared as disturbed areas. Army and armed forces are sent in the area only after the implementation of this law
As per Section (3) of the AFSPA, it is mandatory to seek the opinion of the state government that whether an area is disturbed or not. if an area is declared as the disturbed area, it will be under the control of special forces for at least 3 months.
Which powers are given to the Armed forces under the ASFPA?
- Any suspect can be arrested without a warrant.
- Armed forces can search any house without any warrant and required force can be used to search it.
- Under this law, the armed forces have the authority to prohibit the gathering of five or more persons in an area.
- In some cases, the forces can open fire on the disturbing factors after giving a due warning if they found any suspicious person.
- If a person is repeated offender and tries to disturb the peace of the area, then armed forces are entitled to use force till his death.
- If the Armed Forces suspect that any militant or offender is hiding in any house/building then the site or structure can be destroyed by the forces
- Any Vehicle can be stopped and searched.
- On the basis of the power given to the armed forces, they are able to protect the boundaries of the country.
- In the absence of strict law, the armed forces will not be able to tackle the insurgent inside the country esp. in the Kashmir and Northeastern region of the country.
- The powers are given in the ASFPA boost the morale of the armed forces to ensure the rule of law in the disturbed areas of the country.
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