AFSPA
The Armed Forces (Special Powers) Act was enacted in 1958 to bring under control the ‘disturbed’ areas. AFSPA grants extraordinary powers and immunity to the armed forces to bring back order in those disturbed areas.
The Act came into force in the context of increasing violence in the Northeastern States , which the State governments found difficult to control.
The AFSPA empowers the Army and Central forces deployed in “disturbed areas” to kill anyone breaking the law and arrest and search any premises without warrant. They have legal immunity for their actions. They can detain anyone without any permission from higher officials.
AFSPA can be invoked in areas which the government identifies as 'disturbed', under the Disturbed Areas (Special Courts) Act 1976. It is the most controversial act of india ever made.
In 1958, PM Jawaharlal Nehruji brought AFSPA to control the naga uprising in North-East . It was to bring harmony to country . Earlier laws like Disturbed area ( Special courts ) Act 1976 , declared some region of North-East to be disturbed areas because of insurgency going in this regions . It wasa enforced to maintain peace and law in the state .
Many incident took place in past several years where people demanded to take back AFSPA as soon as possible . But it cant be taken becasue it is and it will be always for the people security .
WHAT RIGHTS AFSPA ACT INCLUDE -
- Power to use force including opening fire, even to the extent of causing death od prohibiting orers banning assembly of five or more persons or carrying arms and weapons ,etc are in force in dsiturbed area .
- Power to destroy structures used as hide-outs , training camps or as a place from which attacks are or likely to be launched ,etc .
- Power to arrest without warrant and to use force for the purpose .
- Power to enter and search premises without to make arrest or recovery of hostages arms and ammunition and stolen property etc .
Reason to give these powers is " Extraordinary condition require extraordinary response to it .
In 2016 , Supreme Court said " AFSPA does not give banket immunity against unjustified murder " .
WHY AFSPA WAS IN NEWS CURRENTLY -
- 14 People lost their lives in nagaland on 4th December because Indian army and paramilitary forces thought they were insurgents whereas they were ordinary labourers.
- As per the official report, assam rifles had credible sources for an ambush . These insurgents were planning to attack the army. So to stop them assam rifles ambushed them ansd bullets were fired on civilian vehicles and 7 people lost their lives . This happened on saturday 4 th December .
- Tribals in nagaland started protesting , 2 army vehicles burned and 1 army jawan matryed and 6 locals were injured .
People losing faith in democracy and trust becuase of AFSPA . But people should understand what a soliders goes through while carrying out such operations where terriorist hide by handling civilians infont of them using them as defense and attacking on army . Many terrorist carry out other method to use civilian as defense and influnence people by putting wrong thoughts in their mind against our Indian Army . Our sodilers are required to take quick actions in limited time sometimes decision might be wrong but we have to support our Indian army for what they are doing for us .
🙏 They live for our country and they die for our country 🙏
Respect every soldier ❤️
Jai Hind ! 🙏
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