Title : AFSPA LAW

Date : Dec 14, 2021

Description :

GS III

 

Topic à Internal Security of India

 

• What does the acronym AFSPA stand for:

 

• AFSPA stands for Armed Forces Special Protection Act.
• It empowers armed troops to protect public order in "disturbed areas."

 

• Armed forces are given the following powers:

 

• If they believe a person is breaking the law, they have the ability to prevent a gathering of five or more people in a given location, use force, or even open fire after giving fair warning.
• The army can also arrest a person without a warrant, enter or search a person's home without a warrant, and prohibit the possession of firearms if there is probable suspicion.
• Any person detained or arrested may be handed over to the officer in charge of the local police station, along with a report explaining the facts surrounding the arrest.

 

• What does it mean to be in a "disturbed area," and who has the authority to proclaim one:

 

• A disturbed area is one that has been declared by notification under the AFSPA's Section 3.
• Differences or arguments between members of different religious, racial, language, or regional groups, castes, or communities can cause havoc in an area.
• The Central Government, the Governor of the State, or the Administrator of the Union Territory can declare a disturbed area in whole or part of the State or Union Territory.

 

• Is there a review of the Act in the works:

 

• The central government constituted a five-member committee led by Justice B P Jeevan Reddy on November 19, 2004, to assess the act's provisions in the north eastern states.

 

• In 2005, the committee issued a report that included the following recommendations:

 

• AFSPA should be repealed, and appropriate provisions should be inserted in the Unlawful Activities (Prevention) Act, 1967
• The Unlawful Activities Act should be modified to clearly specify the powers of the armed forces and paramilitary forces; and
• Grievance cells should be established in each district where the armed forces are deployed.
• The AFSPA was also recommended for repeal in the Fifth Report of the Second Administrative Reforms Commission on Public Order.

 

• Source à The Hindu à 13/12/21 à Page Number 8

Tags : Justice B P Jeevan Reddy, Unlawful Activities (Prevention) Act