Gyan Series – Things to Remember May 7, 2019 – SSC Exams

Gyan Series – Understanding Armed Forces Special Powers Act


The Armed Forces Act was passed on September 1, 1958, to help the army in tackling the disturbed areas of Northeast India. AFSPA was also implemented in the Kashmir amid an increase in the insurgency in 1990. Currently, AFSPA act 1958 is operational in the entire states of Assam, Nagaland, Manipur (except Imphal Municipal area), three districts namely Tirap, Changlang, Longding of Arunachal Pradesh. It also applies to the areas falling within the jurisdiction of 9 Police stations in districts of Arunachal Pradesh, bordering the State of Assam.

What does it mean?

The Armed Forces ( Special Power) Act was passed on September 11, 1958.  In simple terms, it is a law which gives immense powers to armed forces to maintain the rule of law in the disturbed areas.

As per this law, the armed forces have the authority to prohibit the gathering of five or more persons in an area.  In extreme cases, the forces can even open fire on disturbing factors after giving warnings.

How a state or place is declared as a disturbed area?

Notably, when the differences in the communities arise on the basis of race, religion, language or caste and an anarchic situation arise then the state or central government is entitled to declare that area a disturbed area.  It is important to note that section 3 of AFPSA says that it is important to seek the opinion of the state government that whether an area is disturbed or not. If the area is disturbed then it will be under the Armed Forces Special Power Act for at least 3 months

What are the powers given under this act?

  1.  Any suspect can be arrested without any warrant
  2.  Under this act, a home search can be done without any warrant.
  3.  Under this law, the armed forces  have the authority to prohibit the gathering of five or more people at a place
  4. Any vehicle can be stopped and searched
  5.  If a person is repeatedly doing the same offense, then armed forces are entitled to use force till his death
  6. Even in the case of wrongful action, no legal action is taken against Armed forces

The Law faces strong criticism from the critics.  There are so many examples where the power given to Armed Forces has been misused.  A lot of time it has violated human rights.

For more such informative articles stay tuned to OWN TV

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