Armed Forces (Special Powers) Act

Date: May 05, 2015

Army rule civil societies

AFSPA: The law in question

The Armed Forces (Special Powers) Act (AFSPA), is an Act of the Parliament of India which was passed on 11 September 1958.It is a law with just six sections granting special powers to the Indian Armed Forces in what the act terms as "disturbed areas". The choice of declaring any area as ‘disturbed’ vests both with state and central government.The Act has received criticism from several sections for alleged concerns about human rights violations in the regions of its enforcement alleged to have happened.

prepare ias

In an area declared, “disturbed” an army officer is legally free to carry out following operations:

- Fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law” against “assembly of five or more persons” or possession of deadly weapons.
- Destroy any shelter (private or govt.) from which armed attacks are made or likely to be made or attempted to be made.
- Arrest any person without warrant who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence.
- Enter and search, without warrant, any premises for purpose of arrest or to recover any person, arms, explosives.
- To search and seize any vehicle suspected to be carrying an offender or any person against whom any reasonable suspicion exists that he has or is about to commit an offence.
- To provide legal immunity to the army personnel found involved in any violation or ethical breach i.e., they cannot be sued or prosecuted.

Common people see it as ‘Right to Kill’ Act. Since its inception many Human Rights organizations and civil societies have been opposing it 

 


;